Court junks Napoles bid to dismiss ‘pork’ case

MANILA, Philippines — The Sandiganbayan has denied the petition of businesswoman Janet Lim-Napoles to have the court dismiss the graft complaint filed against her in connection with the alleged misuse of P12 million in Priority Development Assistance Fund (PDAF) of a lawmaker in 2005.

In an eight-page resolution promulgated on June 2, the anti-graft court’s Second Division dismissed for lack of merit Napoles’ motion for leave to file a demurrer to evidence.

Sandiganbayan justices affirmed the sufficiency of evidence against Napoles in the graft case involving the PDAF of reelected Nueva Ecija Gov. Aurelio Umali during his term as congressman in 2005.

The court also denied similar motions filed by former Department of Agriculture Central Luzon regional director Renato Manantan, former DA regional accountant Narcisa Maningding as well as private respondents Anita Tansipek and Corazon Bautista, president and collector, respectively, of the non-government organization Samahan ng mga Manininda ng Prutas sa Gabi Inc. (SMPGI).

A demurrer to evidence would have allowed Napoles to seek the dismissal of the graft complaint filed against her without presenting her defense.

In denying their respective motions, the Second Division said Napoles and her co-accused merely made a general statement that the prosecution’s evidence was insufficient to prove their guilt in graft and malversation cases, without providing “any reasons or explanation on how they arrived at such conclusion to warrant the dismissal of the charges.”

The Second Division maintained that ombudsman prosecutors were able to present sufficient evidence against Napoles and the other accused.

The Sandiganbayan had dismissed the graft and malversation cases filed against Umali.

Napoles is facing one count of graft as co-accused of Umali. Manantan and Maningding are each facing four counts of graft and three counts of malversation of public funds.

Tansipek and Bautista were charged with three counts of graft and another three counts of malversation of public funds.

Filed by the ombudsman in April 2019, the cases stemmed from Umali’s alleged allocation of P12 million of his PDAF or pork barrel to the Masaganang Ani Para sa Magsasaka Foundation Inc. (MAMFI) for supposed livelihood projects.

The ombudsman said a separate funding of P3 million, which Umali received from the DA, was released to SMPGI for the distribution of irrigation pumps and fertilizers to Umali’s constituents in Nueva Ecija.

Both projects were never implemented, according to the ombudsman.

Ombudsman prosecutors said the projects were awarded to MAMFI and SMPGI without public bidding.

Napoles is being held at the Correctional Institution for Women in Mandaluyong City after she was convicted of plunder in connection with the misuse of P517 million in PDAF of Sen. Ramon Revilla Jr.