Sandiganbayan convicts Biazon, Napoles, 3 others of graft over PDAF scam

Ruffy Biazon’s camp says they will file a motion for reconsideration to appeal the Muntinlupa mayor’s conviction

MANILA, Philippines – Reelected Muntinlupa Mayor Rozzano Rufino “Ruffy” Biazon, Janet Napoles, and three others were found guilty by the Sandiganbayan of graft in relation to the Priority Development and Assistance Fund (PDAF) controversy.

In a decision made public on Friday, May 30, the anti-graft court’s Special Seventh Division convicted Biazon, Napoles, and three others of violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

“In Criminal Case No. SB-16-CRM-0249, the court finds accused Rozzano Rufino B. Biazon, Dennis L. Cunanan, Maria Rosalinda M. Lacsamana, Evelyn D. De Leon and Janet Lim Napoles GUILTY beyond reasonable doubt of the crime of violation of Section 3(e) of R.A. No. 3019, as amended, and are hereby sentenced to suffer the indeterminate penalty of imprisonment for a minimum period of six years and one month and a maximum period of eight years, and to suffer perpetual disqualification from holding public office,” the decision penned by Associate Justice Zaldy Trespeses said.

The division chairperson, Associate Justice Ma. Theresa Dolores Gomez Estoesta, as well as Associate Justice Georgina Hidalgo, both concurred in the ruling.

Meanwhile, the anti-graft court division cleared the other accused — Mario Relampagos, Francisco Figura, Marivic Jover, Maurine Dimaranan, and Consuelo Lilian Espiritu — in the graft charge.

“Finding that the act or omission from which civil liability might arise does not exist as to Rozzano Rufino B. Biazon, Dennis L. Cunanan, Maria Rosalinda M. Lacsamana, Mario L. Relampagos, Francisco B. Figura, Marivic V. Jover, Maurine E. Dimaranan and Consuelo Lilian R. Espiritu, NO CIVIL LIABILITY is adjudged against them,” the court added.

The court also cleared all the accused of malversation (Article 217 of the Revised Penal Code) for the failure of the prosecution to prove their guilt beyond reasonable doubt.

Mitchell David Espiritu, Biazon’s legal counsel, said they will appeal the mayor’s conviction. Biazon’s camp noted that his earlier charges — money laundering and bribery — had been previously dismissed by the court, bringing Biazon’s four cases down to one.

“Umaasa po tayo na gaya ng mga naunang kaso ay maaabswelto rin si Mayor Ruffy sa dulo ng proseso ng hustisya. Batid naming bahagi ito ng due process, kaya’t buong paggalang at pananampalataya naming gagamitin ang lahat ng posibleng ligal na remedyo,” the lawyer said.

(We are hoping that, as in the previous cases, Mayor Ruffy will be cleared in the end. We understand that this is part of due process, which is why we will use all possible legal remedies with full respect and faith.)

Court’s ruling

The case stemmed from a PDAF transaction during Biazon’s time as Muntinlupa lawmaker.

According to the charge, the then-lawmaker “unilaterally chose and endorsed Philippine Development Foundation, Inc. (PSDFI), a government organization (NGO) operated and/or controlled by Napoles as ‘project partner’ in implementing a livelihood project for barangays in the Lone District of Muntinlupa City, which was funded by Biazon’s Priority Development Assistance Fund (PDAF) in the total amount of THREE MILLION PESOS (P3,000,000.00) covered by Special Allotment Release Order (SARO) No. ROCS-07-07433.”

Biazon admitted that he endorsed PSDFI to then-state firm Technology Resource Center (TRC) without checking the credentials, but claimed that his endorsement was “merely a recommendation.”

“Clearly, Biazon’s endorsement letter cannot be considered as a mere recommendation, but an indispensable instruction, to TRC on how to utilize his PDAF allocation. For this reason, accused Biazon should have been more circumspect about identifying PSDFI as the NGO he was endorsing,” said the ruling. “Clearly, Biazon’s endorsement of PSDFI, an NGO, as lead agency in the implementation of his PDAF, is not supported by law.”

The court added: “Evidently, Biazon’s responsibility did not end upon his single endorsement of PSDFI. His apparent nonchalance in the full project implementation made it so easy for an anomaly to seep in. And indeed, as Benhur Luy revealed in this case, the project implementation was fabricated.” – Rappler.com