SC nods Ombudsman’s probable cause finding vs Napoles

MANILA, Philippines — The Supreme Court (SC) affirmed the Ombudsman's finding of probable cause against convicted plunderer Janet Lim-Napoles and others in connection with former Davao del Sur Rep. Douglas Cagas' 2007 Priority Development Assistance Fund (PDAF) worth P16 million. 

In a decision dated December 7, the high court said it had denied the petition filed by Napoles and officers of the Department of Budget and Management (DBM) which challenged the Ombudsman’s finding of probable cause for Anti-Graft and Corrupt Practices Act and Article 212, 217 of the Revised Penal Code (RPC).

“The Ombudsman did not err in finding probable cause for malversation and corruption of public officers under Article 217 and 212 of the Revised Penal Code, respectively,” the SC said.  

“The Court found ‘no grave abuse of discretion that will allow us to interfere with the Ombudsman’s finding of probable cause,’” it added.

SC also emphasized that the Ombudsman has broad authority in investigating and prosecuting cases within its jurisdiction.

“In determining whether the Ombudsman gravely abused its discretion in finding probable cause against Napoles, et al., the Court emphasized the nature of the Office of the Ombudsman as an independent constitutional body, with wide latitude in its investigation and prosecution of cases falling within its jurisdiction,” SC said.

The funds were redirected through alleged non-government organizations (NGOs), namely the Countrywide Agri and Rural Economic and Development Foundation, Inc., and the Philippine Social Development Foundation, Inc.

These diverted funds, intended for ghost projects, were transferred from the DBM to the Technology Resource Center.

In Special Audit Report No. 2012-03 by the Commission on Audit (COA) regarding lawmakers' PDAF allocations from 2007 to 2009, which covered Cagas' livelihood projects in 2007, the COA validated the assertions of whistleblowers about the presence of a pork barrel scam. 

This scam involved implementing agencies, including the Technology Resource Center, falsely claiming to implement the PDAF projects.

This led the National Bureau of Investigation (NBI) to submit a complaint to the Ombudsman on Nov. 29, 2013, urging the prosecution of Napoles and others, as well as the officers of the implicated implementing agencies

The Field Investigation of the Office of the Ombudsman subsequently filed a complaint in February 2015.

The Ombudsman, which found prima facie evidence of the existence of the pork barrel scheme, then issued a consolidated resolution finding probable cause against Napoles and others in the Anti-Graft and Corrupt Practices Act and also finding against Cagas and Technology Resource Center head Antonio Ortiz for direct bribery. 

It also found Napoles for corruption of public officials under Article 212 of the RPC.

The SC also ruled that their petitions were “moot” after the Sandiganbayan found probable cause and the issuance of a warrant of arrest to those involved in the diversion of Cagas’ P16 million PDAF in a 2021 case.

“The Court found that during the preliminary investigation, the Ombudsman sufficiently established its reasonable basis to file criminal charges against Napoles, et al., with the whistleblowers categorically identifying Napoles’ involvement in the pork barrel scheme. The accounts of the whistleblowers clearly show Napoles’ connection to all those implicated in the scam, including her co-petitioners,” SC said in a separate statement.