Napoles lawyer notes Ombudsman’s inconsistencies
MANILA, Philippines—The lawyer of Janet Lim-Napoles said the special prosecutor is finally showing its inconsistencies in their plunder case against the pork barrel scam suspects.
In a phone interview, lawyer Stephen David said the special prosecutor under the Ombudsman doesn’t seem to know the charges to file against his client, alleged mastermind Janet Lim-Napoles.
“Mali ang na-i-file nila… Nakikita nila ang inconsistencies nila,” David told INQUIRER.net.
(They are filing the wrong charges… They are finally realizing their inconsistencies.)
Atty. Stephen David. INQUIRER.net/NOY MORCOSO
David was referring to an Ombudsman memorandum stating the special prosecutor wants to amend the plunder information to say Napoles and her cohorts are “private individuals” who collaborated with the senators in amassing ill-gotten wealth.
They also would like to delete the phrase in the plunder case that states the scam “(enabled) Napoles to misappropriate the Priority Development Assistance Funds (PDAF) proceeds for her personal gain.”
The memorandum was signed by Ombudsman Conchita Carpio-Morales on Monday.
“Sa batas, hindi pwedeng paiba-iba… Malaking pagkakaiba ’yan,” David said.
(Under the law, they can’t just change information… It’s going to make a significant difference.)
“Pinapakita ko sa husgado na hindi nila (prosecution) alam ang i-cha-charge nila (against Napoles),” he added.
(I am proving to the Justices that the prosecution doesn’t seem to know what to charge Napoles.)
Asked for the raps that could be charged, David said it is his opinion that Napoles’ offenses should be lowered from plunder, a non-bailable offense, to lower offenses like graft and bribery.
David also said that by deleting the phrase saying Napoles misappropriated PDAF, it reinforces their defense that what Napoles allegedly advanced to senators were loans from her own pockets, and not pork barrel funds converted to kickbacks. This is what they cited in their motion to quash information based on the plunder case of Senator Ramon Revilla Jr.
“Kapag hindi pera ng bayan, hindi plunder ‘yun,” he added.
(If it’s not public funds, it’s not plunder.)
In their manifestation with motion to admit amended information filed before the Sandiganbayan on Tuesday, the prosecutor said they wanted to amend the case information “to emphasize that the senator was the one who amassed, accumulated and acquired ill-gotten wealth in connivance or in conspiracy with his co-accused public officer and private individuals.”
“The prosecutors deemed it wise to amend them to minimize, if not obviate, objections therein by certain accused which may cause undue delay in the proceedings,” the motion read.
The prosecutor said however that the amended information does not charge another offense or alter the defense of the panel. “The amendment merely adds specifications to eliminate vagueness in the information,” the motion read.
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 alleged mastermind Napoles.
Charged with plunder and graft are Napoles, and Senators Revilla, Juan Ponce Enrile, and Jinggoy Estrada. Revilla and Estrada have surrendered to the police.
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