Supreme Court facade. INQUIRER FILE PHOTO
The Supreme Court (SC) has affirmed the decision of the Office of the Ombudsman to file criminal cases against Janet Lim-Napoles and two others in connection with the alleged misuse of over P25-million Priority Development Assistance Fund (PDAF) of former Agusan del Sur Representative Rodolfo Plaza.
Aside from Napoles, the high court also dismissed the petition filed by her driver John Raymund De Asis and National Agri-Business Corporation (NABCOR) President Alan Javellana.
The three are facing a case for malversation of public funds, corruption of public officials and violation of the Anti-Graft Law.
In affirming the Ombudsman’s finding of probable cause, the high court reiterated its deference to the Ombudsman’s performance of its duty.
The SC added that there is no proof that the Ombudsman has abused its discretion in filing the case at the Sandiganbayan.
“Petitioners’ contentions that the absence of the elements of the crimes they were charged with is a matter of defense to be ventilated at the trial as these are evidentiary matters requiring a full-blown and not during preliminary investigation,” the high court said.
Napoles, who, according to Solicitor General Jose Calida, has been wrongfully convicted by the Makati court for serious illegal detention, is facing a string of criminal cases including plunder before the Sandiganbayan. RAM/rga