Sandigan denies Napoles’ bid to quash ‘pork’ raps

MANILA, Philippines — The Sandiganbayan has denied the motion of detained businesswoman Janet Lim-Napoles to quash her latest graft and malversation cases in connection with the pork barrel scam.

In its resolution promulgated last July 21, the anti-graft court’s Second Division has denied Napoles’ omnibus motion to produce the entire records of the preliminary investigation conducted by the Office of the Ombudsman, to have her cases quashed and to suspend her arraignment and the proceedings of the cases.

The Second Division found no merit in Napoles’ argument that the court does not have jurisdiction over her and over the entire case.

The court pointed out that Napoles was charged jointly with public officials Gondelina Amata and Gregoria Buenaventura, president and division chief, respectively, of the state-owned National Livelihood and Development Corp. (NLDC) and former Energy Regulatory Commission chairperson Zenaida Ducut.

Thus, the court said, both cases “fall under the exclusive original jurisdiction of the Sandiganbayan, as provided for a Presidential Decree No. 1606, as amended by Republic Act No. 10660 (An Act Strengthening Further the Function and Structural Organization of the Sandiganbayan).”

Furthermore, the Second Division pointed out that Napoles has long been under the jurisdiction of the Sandiganbayan.

“On the alleged lack of jurisdiction over her person, accused Napoles is under detention by virtue of a warrant of arrest/commitment order issued by the Court. Likewise, she was validly arraigned in these cases on June 10, 2022. The Court has acquired jurisdiction over the person of accused Napoles,” the Second Division said.

As to Napoles’ prayer to temporarily suspend the proceedings of the cases, the Second Division said it has already been rendered “moot and academic” following her arraignment last June 10.

The court, meanwhile, found no necessity to grant Napoles’ prayer to order the production of the entire records of the ombudsman’s investigation on the cases.

“However, there is no pending incident to be resolved by the Court where it finds the need for the production of the entire records of the preliminary investigation. To repeat, it has already made a judicial determination of probable cause (to hear the cases) in its resolution dated March 2, 2022,” the Second Division said.

Filed by the ombudsman early this year, the cases involve alleged violation of Section 3 (e) of Republic Act 3019 of the Anti-Graft and Corrupt Practices Act and malversation of public funds as defined and penalized under Article 217 of the Revised Penal Code.

The cases stemmed from the alleged misuse of the Priority Development Assistance Fund (PDAF) or pork barrel of former La Union first district representative Victor Francisco Ortega amounting to P5 million.

The ombudsman said that Ortega’s PDAF was released to NLDC in December 2008 to June 2009 for the implementation of a livelihood project in his district.

The ombudsman said that the NLDC transferred the funds to its supposed partner for the implementation of the project – the Social Development Program for Farmers Foundation Inc., one of the supposed bogus non-government organizations allegedly owned by Napoles – “despite questionable credentials.”

The ombudsman said that Ducut “received commission or kickback from Napoles for purportedly acting as agent of Cong. Ortega in this particular transaction and assisted in the consummation of the anomaly.”

“That Congressman Ortega’s PDAF funds amounting P5,000,000.00 did not go to the people of the 1st District of La Union, the intended beneficiaries of the project, but to Napoles, Ducut and Amata to the damage and prejudice of the Republic of the Philippines,” the ombudsman’s charge sheet read.

Napoles is currently detained at the Correctional Institution for Women in Mandaluyong City following her conviction of plunder in connection with the misuse of P517 million in PDAF of Sen. Ramon Revilla Jr.