Napoles, cohorts tell Sandigan: Money for Revilla ‘loans,’ not pork barrel

By: Marc Jayson Cayabyab - 10 years ago

INQUIRER FILE PHOTO

MANILA, Philippines—Claiming that the money allegedly pocketed by public officials were “loans” and not public funds, Janet Lim-Napoles and her cohorts on Tuesday asked the Sandiganbayan to recall the arrest warrant against them.

Napoles, her employee John Ronald Lim and her “errand boy” Raymund De Asis filed a motion before the anti-graft court to quash the information accusing them of plunder purportedly because their actions do not constitute the crime.

Among others, the information stating that Senator Ramon Revilla Jr. and his co-accused Richard Cambe benefited P224.5 million in the scam does not state that the money was sourced from Revilla’s Priority Development Assistance Funds (PDAF).

Based on the information, these seemed to be “personal loans or advances from Napoles,” according to their motion.

This is because, according to the information, the money paid to Revilla was advanced before the issuance of a Special Allotment Release Order (Saro) from the Department of Budget and Management.

Effectively, the supposed kickbacks were paid before the release of the PDAF, the motion said.

“Undoubtedly, the amount is not ill-gotten wealth but a personal loan or advances from Napoles,” the motion said.

They also reiterated that Napoles and her cohorts should not be guilty of plunder because they are not public officials. Plunder is a non-bailable offense for public officials amassing P50 million in ill-gotten wealth.

The motion also said the information charging them does not prove that they conspired with public officials to enrich themselves for them to be charged with plunder.

“There is no crime when there is no law punishing it,” the motion said.

“It is most respectfully prayed… that the information for plunder filed against Napoles, Lim and De Asis be quashed, the warrant of arrest issued against them be recalled, and that the instant case be outrightly dismissed,” it added.

Napoles is the co-accused in the plunder and graft charges of Senators Juan Ponce Enrile, Ramon Revilla Jr. and Jinggoy Estrada. Estrada and Revilla have surrendered to the police.

The Sandiganbayan is hearing the biggest corruption scandal under the current administration – the alleged pillaging of public funds to ghost projects for kickbacks through the bogus foundations of Napoles.