Former Cagayan De Oro Representative Constantino Jaraula has asked the Sandiganbayan anew to quash the graft, malversation and direct bribery information against him over his alleged involvement in the pork barrel scam.
In an ex-parte motion filed before the Sandiganbayan First Division, the former solon said the case information against him do not indicate that he committed graft, malversation and direct bribery in his alleged deals with pork barrel scam mastermind Janet Lim-Napoles.
Jaraula said he is not liable for malversation because he was not the one who facilitated the release of pertinent pork project documents like notices of cash allocations and special allotment release orders to the implementing agencies, which in turn coursed his pork funds to the bogus foundations linked to Napoles.
Among the elements of malversation is that a public officer must have misappropriated the funds over which he has custody.
The former congressman also said he cannot be charged for graft for allegedly receiving kickbacks from the scam, and that the information do not allege that he had the official duty in choosing the bogus nongovernment organizations as his project partners.
Among the elements of graft is giving undue benefit to any party and causing undue injury to government.
Jaraula also asked the court to quash the direct bribery charge against him because the information failed to allege that he received a gift in connection to the performance of his duties.
“(P)remises considered, it is most respectfully prayed that… the information in criminal cases… be annulled, vacated, or overthrown,” the motion said.
According to the Ombudsman’s indictment against Jaraula, the former solon received at least P20.8 million in kickbacks from his Priority Development Assistance Fund (PDAF) in the scam, citing the ledger of rebates of principal whistleblower Benhur Luy.
Luy also said he personally delivered the commissions to Jaraula, the Ombudsman said.
Jaraula received P50.5 million of PDAF from 2004 to 2007 for projects that turned out to be “ghost” implementations by Napoles’ bogus foundation.