Napoles files appeal vs plunder conviction

MANILA, Philippines — Businesswoman Janet Lim-Napoles filed an appeal to reverse the Sandiganbayan’s plunder conviction against her over the pork barrel scam.

The STAR reported that Napoles filed a motion for reconsideration Friday, arguing that the anti-graft court could not convict her as the “main plunderer” in the case as she is a private individual.

Janet Napoles appeals plunder conviction; says she and Richard Cambe should have also been acquitted just like the primary accused in the case, Ramon "Bong" Revilla Jr. @PhilippineStar pic.twitter.com/agzg91PqP5

— Elizabeth T. Marcelo (@marcelo_beth) December 28, 2018

On December 7, the Sandiganbayan’s First Division acquitted former Sen. Ramon “Bong” Revilla Jr. of plunder over the alleged misuse of P224 million worth of public funds due to the prosecution’s failure to prove the former lawmaker’s guilt beyond reasonable doubt.

The court, however, convicted Revilla’s aide, Richard Cambe and Napoles.

In the appeal filed before the court, Napoles’ camp argued that the “case is shrouded with serious doubts because the information suggests that accused Napoles, a private individual, is the main plunderer by alleging that the scheme enabled her ‘to misappropriate the PDAF proceeds for her personal gain.’”

The plunder law or Republic Act 7080 defines the crime as when “any public officer who, by himself or in connivance with members of his family, relatives by affinity...amasses, accumulates or acquires ill-gotten wealth through a combination or series of over or criminal acts... in the aggregate amount or total value of at least P50 million.”

The case alleged that Revilla’s Priority Development Assistance Fund was used for fictitious organizations.

Her camp also argued that the prosecution pointed to Revilla as the main plunderer, and his acquittal “negated the crime of plunder because there is no main plunderer” who amassed P50 million.

She also said that Cambe could not be the main plunderer as it was not proven beyond reasonable doubt that Revilla’s aid amassed at least P50 million.

Court denies Napoles’ plea to remain at Camp Bagong Diwa

In a related development, the Sandiganbayan rejected Napoles’ bid to remain at Camp Bagong Diwa, instead of serving her jail time at the Correctional Institution for Women in Mandaluyong.

Following her conviction, the Sandiganbayan ordered Napoles’ transfer of detention to the CIW. Cambe was ordered to be transferred to the New Bilibid Prison in Muntinlupa City.

Napoles sought to stop her transfer, citing threats to her life and security.

But the STAR reported that the court said Napoles failed to substantiate her claim that her supposed transfer to the CIW would put her “life and security” at risk.

READ: Ombudsman pushes Napoles’ transfer to Correctional

Revilla walked free after almost four years of detention at Camp Crame, while Napoles and Cambe were both ordered to serve up to 40 years of imprisonment. — Kristine Joy Patag with reports from Elizabeth Marcelo