THE Sandiganbayan has thrown out 15 charges of violation of the Anti-Graft and Corrupt Practices Act (RA 3019) against the long-time driver of plunder convict Janet Lim Napoles, citing lack of probable cause.
In its eight-page resolution dated February 11, 2025, the anti-graft court’s Third Division held that the prosecution failed to provide flesh to its allegation that Fernando Ramirez was directly involved and participated in the transfer and processing of P345 million from the Priority Development Assistance Fund (PDAF) or pork barrel allocations of former Senate President Juan Ponce Enrile to the private foundations of Napoles.
The court noted that in the resolution dated September 29, 2014, it had already ordered the prosecution to submit additional evidence that would support Ramirez’s inclusion in the graft charges filed in 2014.
But in its Manifestation and Compliance dated October 30, 2014, government lawyers said they would no longer present new evidence and would simply rely on the weight of evidence presented against his co-defendants.
“After another review, this Court still failed to find the existence of probable cause against accused Ramirez absent any new and/ or substantial evidence submitted by the prosecution,” the Sandiganbayan said.
In ordering the charges dismissed, the court noted that a simple reading of the 2014 resolution of the Ombudsman that became the basis for the criminal charges, there was no discussion at all of the supposed participation of Ramirez.
“The Office of the Ombudsman simply held that accused Ramirez worked for respondent Napoles at the time material to these cases. However, …its finding of irregularities in the subject transactions were all anchored on the respective participation of the other accused,” the Sandiganbayan pointed out.
Details of the supposed “illegal or conspiratorial acts committed by Ramirez” were not provided, save for the statement that he and other co-respondents acted “under the direction of Janet Napoles.”
“This Court holds that there is no probable cause as regards accused Ramirez in these cases. Wherefore, premises considered and finding the absence of probable cause, let the instant cases be hereby dismissed,” the court added.
