Court denies Napoles’ plea to reverse conviction over pork barrel scam
Janet Lim-Napoles (INQUIRER FILE PHOTO)
MANILA, Philippines — The Sandiganbayan dismissed last Tuesday the motion for reconsideration filed by pork barrel scam mastermind Janet Lim Napoles for the reversal of her conviction in two counts of graft and two counts of malversation.
In a 13-page resolution promulgated on Aug. 8, the Sandiganbayan Second Division affirmed its May 2023 decision junking Napoles’ motion, which was filed by her counsel, for lack of merit.
In her motion, Napoles argues that there was no documentary or testimonial evidence to support what she called “bare allegations” of prosecution witnesses Benhur Luy and Mary Arlene Joyce.
The Sandiganbayan refuted this by noting that the witnesses’ testimonies were corroborated by the Anti-Money Laundering Council.
“Prosecution witnesses Luy and Baltazar were clear, consistent and, in fact, in-depth on the matter of how they were related to her; as well as the corporation and NGOs which were established being under her control thus, making their testimonies credible,” the court resolution read.
The anti-graft court also refuted Napoles’ claim that it relied on the Commission on Audit’s (CAO) Special Audit Office (SAO) report on the Priority Development Assistance Fund, the formal name of the pork barrel.
The Sandiganbayan said that Napoles’ claim was “inaccurate, if not misleading.”
It explained that it clearly stated in its May 2023 decision that her participation in the pork barrel scam was established by the testimonies of Luy and Baltazar, together with the COA-SAO Report and other documents presented by the prosecution.
It is “crystal clear” that there was credible evidence, both testimonial and documentary, “warranting the conviction beyond reasonable doubt of accused-movant Napoles,” the court said in its resolution.
“On the other hand, there was no iota of proof that would directly contradict her established Guilt. In fact, she did not even present any evidence in her defense,” the court added.
It also ruled that Napoles’ claim of double jeopardy had no merit. There could be no double jeopardy, it explained, if someone is charged simultaneously or successively for violating the Anti-Graft and Corrupt Practices Act and the Revised Penal Code
In its May 2023 decision, the Sandiganbayan cleared Napoles of 16 counts of graft — specifically, with the alleged anomalous use of the pork barrel of Sen. Ramon “Bong” Revilla Jr. But it but convicted her on separate charges for misusing the pork barrel of then Davao del Sur Rep. Douglas Cagas.
Napoles was sentenced to serve six to 10 years in prison for the graft cases, and 12 to 17 years for the malversation charges.
Napoles’ co-accused were also convicted and got the same sentence — namely Technology Resource Center (TRC) officer Belina Concepcion and staffer Maria Lacsamana and Napoles’ liaison, Mylene Encarnacion, and a certain Evelyn de Leon.
They were also asked to return P7.7 million to the government and pay the same amount as a fine.
