Sandiganbayan junks Napoles brother's bid to drop charges
By AJ Siytangco
Published Oct 11, 2018 12:28 pm
By Czarina Nicole Ong
The Sandiganbayan Third Division said no to the motion to quash filed by Reynald Lim, the brother of alleged pork barrel mastermind Janet Lim Napoles, seeking to end his case involving the Malampaya fund scam.
He was earlier charged with 97 counts each of graft and malversation through falsification due to his involvement of the diversion of P900 million from the Malampaya fund that was allocated by the Department of Budget and Management (DBM) to the Department of Agrarian Reform (DAR) from 2009 to 2010.
(MANILA BULLETIN)
Lim claimed that the facts alleged in the Informations do not constitute the violations of graft and malversation through falsification, and he cannot be charged as a co-conspirator on the basis of his familial ties with Napoles.
Lim asserted that he is not a public officer, and there is no evidence proving that he acted in conspiracy with the other 25 co-accused. He added that he was included as one of those who allegedly forged signatures and fabricated documents, but there isn't a shred of evidence produced that he did so.
However, the Sandiganbayan did not side with him. "This court finds that the factual allegations in the Informations sufficiently comply with the cited requirements of the Revised Rules of Court," the resolution read. "Hence, these same allegations adequately apprise the accused-movant of the nature and cause of the accusation against him."
As for Lim's arguments that there was no showing of conspiracy, the court ruled that these are matters of defense best threshed out during a full-blown trial. "Courts need not make a determinative finding regarding the existence or non-existence of conspiracy among the accused at this stage of the proceedings," the anti-graft court said.
Back in 2009, it was agreed that P900 million from the special fund was to be used to help farmers who were affected by Typhoons Ondoy and Pepeng. However, the funds were somehow diverted to the fake NGOs headed by Napoles.
Aside from Lim and Napoles, former DBM chief and current Camarines Sur Rep. Rolando Andaya Jr. and former DAR Secretary and current Masui City, Lanao del Sur Mayor Nasser Pangandaman are facing charges.
Andaya reportedly approved the DAR's fund request and signed the Special Allotment Release Order (SARO) and Notice of Cash Allocation requested by Pangandaman even before checking with the DBM's budget and management bureau.
Meanwhile, Pangandaman released the funds he received from the DBM to Napoles' NGOs even without first checking their validity, and he was accused of receiving kickbacks from the transaction.
On the other hand, Napoles was accused of using her NGOs to implement ghost projects. Her children, brother and former bodyguard helped her scam by forging signatures and fabricating documents.
(MANILA BULLETIN)
Lim claimed that the facts alleged in the Informations do not constitute the violations of graft and malversation through falsification, and he cannot be charged as a co-conspirator on the basis of his familial ties with Napoles.
Lim asserted that he is not a public officer, and there is no evidence proving that he acted in conspiracy with the other 25 co-accused. He added that he was included as one of those who allegedly forged signatures and fabricated documents, but there isn't a shred of evidence produced that he did so.
However, the Sandiganbayan did not side with him. "This court finds that the factual allegations in the Informations sufficiently comply with the cited requirements of the Revised Rules of Court," the resolution read. "Hence, these same allegations adequately apprise the accused-movant of the nature and cause of the accusation against him."
As for Lim's arguments that there was no showing of conspiracy, the court ruled that these are matters of defense best threshed out during a full-blown trial. "Courts need not make a determinative finding regarding the existence or non-existence of conspiracy among the accused at this stage of the proceedings," the anti-graft court said.
Back in 2009, it was agreed that P900 million from the special fund was to be used to help farmers who were affected by Typhoons Ondoy and Pepeng. However, the funds were somehow diverted to the fake NGOs headed by Napoles.
Aside from Lim and Napoles, former DBM chief and current Camarines Sur Rep. Rolando Andaya Jr. and former DAR Secretary and current Masui City, Lanao del Sur Mayor Nasser Pangandaman are facing charges.
Andaya reportedly approved the DAR's fund request and signed the Special Allotment Release Order (SARO) and Notice of Cash Allocation requested by Pangandaman even before checking with the DBM's budget and management bureau.
Meanwhile, Pangandaman released the funds he received from the DBM to Napoles' NGOs even without first checking their validity, and he was accused of receiving kickbacks from the transaction.
On the other hand, Napoles was accused of using her NGOs to implement ghost projects. Her children, brother and former bodyguard helped her scam by forging signatures and fabricating documents.