Suspected pork scam mastermind Janet Lim Napoles is urging the Sandiganbayan’s Second Division to quash 12 criminal charges she is facing in connection with her alleged conspiracy with former Agusan del Sur representative Rodolfo Plaza to defraud the government of P27.5 million in Priority Development Assistance Fund.
Napoles through David-Cui-David Buenaventura Law Office said the prosecution has failed to substantiate probable cause of her indictment for five counts of graft, another five counts of malversation of public funds, and two counts of direct bribery.
Her lawyers – Stephen David and Nicole Rose Margaret Jamilla – said all 12 information contained fatal infirmities that failed to satisfy the key elements of the charges filed against their client, citing Napoles was not a public official and there was no evidence to show she committed malversation or bribery.
“The information never presented direct evidence or proof of overt acts linking Napoles and Plaza. There were no positive act (sic) that Accused acted in concert with the public respondent in the implementation of his PDAF,” Napoles’ reply read.
The camp of Napoles challenged the prosecution’s failure to establish “concerted acts, common design, and united execution” among all defendants.
Government prosecutors erred for relying too much on the testimonies of whistleblowers Benhur Luy, Marina Sula and Merlina Suñas, it added.
Meanwhile, Justice Undersecretary Jose Justiniano on Monday said the National Bureau of Investigation has already completed its probe of the next and third batch of lawmakers tagged in the pork barrel fund scam, and the information will be submitted to Justice Secretary Leila de Lima for review within the week.
After the bail hearing of Senator Jose “Jinggoy” Estrada, Justiniano said a senator and members of House of Representatives both from the administration and opposition have been included as accused.
He, however, declined to identify those involved.
The next batch of cases would only be for graft and malversation of public funds since the involved amount of money allegedly misused and funneled to Janet Lim Napoles-linked fake non-government organizations were below P50 million, he said.
“We are still revising the first complaint letter in light of the allegation that there were signatures forged, but not all of those signatures. We are gathering additional documents,” he noted.
“There is one (senator), only one.”
“Sigurado akong may administration (allies), may mga kaalyado talaga diyan. Bayaan mo na si Secretary mag-announce kung sino man‘yun. Uulitin ko, wala kaming pinili dito,” Justiniano said.