Supreme Court affirms Ombudsman ruling vs Napoles, ex-DBM execs

MANILA, Philippines — The Supreme Court has upheld the ruling of the Office of the Ombudsman finding probable cause to indict businesswoman Janet Lim-Napoles and her co-accused for graft in connection with the alleged misuse of the Priority Development Assistance Fund (PDAF) or pork barrel of former Davao del Sur representative Douglas Cagas.

In a 36-page decision penned by Senior Associate Justice Marvic Leonen, the SC’s second division denied the consolidated petitions for certiorari filed by Napoles, former Department of Budget and Management undersecretary Mario Relampagos, chief budget and management specialist Rosario Nunez and administrative assistants Lalaine Paule and Marilou Bare.

“We uphold the finding of probable cause for all the charges that the ombudsman sustained against petitioners,” the decision released yesterday read.

The charges stemmed from allegations that ghost projects were funded by the PDAF of Cagas in 2007, which was diverted through the Technology Resource Center to non-government organizations Countrywide Agri and Rural Economic and Development Foundation Inc. and Philippine Social Development Foundation Inc., said to be controlled by Napoles.

The SC said the petitions of Napoles and her co-accused were “moot,” noting that the ombudsman found probable cause and issued arrest warrants for them.

“There was nothing arbitrary in its finding of probable cause and its findings are supported by substantial evidence,” the high tribunal said.

The high court said it found no grave abuse of discretion that would allow it to interfere with the ombudsman’s finding of probable cause.