ALREADY serving a jail sentence for plunder, businesswoman Janet Lim Napoles will have to stand trial for graft and malversation of public funds after the Sandiganbayan threw out her bid for the dismissal of the charges.
In a resolution issued July 21, 2022, the Second Division junked three separate motions by the defense seeking quashal of the information, suspension of proceedings, and a directive for the prosecution to produce all records of its preliminary investigation.
The cases alleged that Napoles conspired with former National Livelihood and Development Corporation (NLDC) president Gondelina Amata, Asset Management Division chief Gregoria Buenaventura, and the late former Energy Regulatory Commission chair Zenaida Ducut to divert millions in public funds to her private foundation — Social Development Program for Farmer’s Foundation Inc. (SDPFFI) in 2004 and 2005.
Prosecutors said the money totaling P5 million came from the Priority Development Assistance Fund (PDAF) allocations of former La Union Rep. Victor Francisco Ortega.
While the sum was supposed to fund livelihood projects in Ortega’s district, investigators said the money instead went into the pockets of Napoles, Ducut, and Amata.
Napoles’ lawyers challenged the charges on two grounds, arguing that the Sandiganbayan has no jurisdiction over her cases or her person since she is not a government official.
The court overruled Napoles’ arguments on both counts, noting that she was named co-accused of Amata who is a public officer, being the head of a government-owned or controlled corporation.
“Both cases, as charged in the Information filed, fall under the exclusive original jurisdiction of the Sandiganbayan,” the court declared.
On the other hand, her claim of lack of jurisdiction over her person was declared moot because she is already under detention and was validly arraigned on the graft and malversation cases last June 10.
“The Court has acquired jurisdiction over the person on the accused Napoles. Hence the prayer for suspension of the arraignment/proceedings in these cases has become moot and academic,” the Sandiganbayan added.
