The Sandiganbayan has denied the motions of businesswoman Janet Lim Napoles and former Department of Agrarian Reform (DAR) Finance Director Teresita L. Panlilio to dismiss the criminal charges against them involving the alleged irregular use of P50 million in public funds.
Napoles and Panlilio have been charged with 10 counts each of violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and another 10 counts each of violations of Article 217 of the Revised Penal Code (RPC) on malversation of public funds through falsification of public documents.
The prosecution alleged that they acted in conspiracy with former DAR Undersecretary for Support Services Jerry E. Pacturan, Chief Accountant Rowena U. Agbayani, and private individuals Evelyn de Leon and Ronald John Lim Jr. when they reportedly diverted P50 million to the fake non-government organizations owned by Napoles -- the Ginintuang Alay sa Magsasaka Foundation Inc. (GAMFI) and Philippine Social Development Foundation Inc. (PSDFI).
In her motion, Napoles said that the prosecution's pieces of evidence do not support the allegation that she actually owned the named NGOs to which public funds were diverted.
Panlilio, on the other hand, argued that her rights to due process and to speedy disposition of cases were violated.
The Sandiganbayan denied their motions. "Accused Napoles' contention is untenable," the court said as it pointed out that “indeed, the Amended Informations (criminal charge sheets) allege that accused Napoles controlled the named NGOs."
"The charges against her are not based solely on her alleged control of the said NGOs, but also on her alleged specific acts in furtherance of the conspiracy to commit the crimes charged," the anti-graft court said.
On Panlilio’s motion, the court ruled that there was no "complete disregard" of the established procedure on the part of the Office of the Ombudsman, or that the investigation was motivated by malice or merely to harass the respondents.
"It also appears that the Office of the Ombudsman gave the respondents ample opportunity to explain their side by filing their respective counter-affidavits," the resolution stated.
Sandiganbayan’s Sixth Division Chairperson Sarah Jane T. Fernandez wrote the resolution with the concurrence of Associate Justices Kevin Narce B. Vivero and Georgina D. Hidalgo.