In a 57-page decision promulgated Oct. 20, the Sandiganbayan Special Second Division found Napoles guilty of four counts of violation of Section 3 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and another four counts of malversation of public funds under Article 2017 of the Revised Penal Code.
Convicted with Napoles for three counts of graft and three counts of malversation was fellow private respondent Evelyn de Leon, president of the alleged bogus non-government organization Philippine Social Development Foundation Inc. . “There is no sufficient evidence that Pingoy received kickbacks from Napoles through Ducut. Even prosecution witness Luy admitted that he has never seen Pingoy, nor directly deliver to him any amount of money as kickbacks,” the court’s decision read.
The court said this is without prejudice to the cases’ revival upon their arrest or voluntary surrender. The ombudsman said PSDFI and SDPFFI were chosen without the benefit of public bidding and despite the two foundations’ lack of qualifications and technical capabilities to carry out the projects.
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