Malampaya scam: Napoles brod loses appeal
The Sandiganbayan has denied the appeal of the brother of plunder convict Janet LimNapoles for the dismissal of the nearly 200 charges against him in connection with the P900-million Malampaya Fund scam in 2009.
In a five-page resolution dated Jan. 14, the court’s Third Division sustained its Oct. 5 resolution denying the motion to quash filed by Reynald Lim.
Lim argued that the information for 97 counts each of graft and malversation through falsification failed to provide the specific details of his involvement in the alleged scheme to divert the discretionary funds to 12 bogus foundations linked to his sister.
Details
The information also failed to state the specific signatures and documents he allegedly fabricated, he argued.
However, the court said it had already discussed these arguments when it first denied his motion to quash in its October resolution.
It reiterated that it was enough for Ombudsman prosecutors to indict him as part of a conspiracy without going into details.
Lim’s argument regarding the absence of proof of conspiracy should be proven with evidence in a full-blown trial, the court said.
The resolution was penned by Associate Justice Bernelito Fernandez and concurred in by Presiding Justice Amparo Cabotaje-Tang and Associate Justice Sarah Jane Fernandez.
The same court on Jan. 8 denied similar appeals by Napoles, her children James Christopher and Jo Christine, former Budget Secretary Rolando Andaya Jr. (now House majority leader), former Agrarian Reform Secretary Nasser Pangandaman Sr., and several other government officials.
Forgery
Napoles’ group allegedly forged letters from the mayors of 97 cities and municipalities in Luzon requesting assistance for the victims of Tropical Storm “Ondoy” and Typhoon “Pepeng” in 2009.
Pangandaman Sr. was accused of receiving commissions from Napoles through former Candaba, Pampanga, Mayor Rene Maglanque.
Afterward, he allegedly directed then Undersecretary Narciso Nieto to request the funds from Andaya’s department despite the supposed lack of any clear basis.