GOVERNMENT prosecutors have presented enough evidence to prove plunder and corruption charges against alleged pork barrel scam brains Janet Napoles, the Sandiganbayan Fourth Division declared in a resolution issued last November 25.
In a separate resolution dated November 21, 2022, the anti-graft court likewise held that the same body of evidence was enough to overcome presumption of innocence in the plunder case against former Masbate Rep. Rizalina Seachon-Lanete and in her pending multiple graft charges together with Technology Resource Center (TRC) executives Dennis Cunanan and Maria Rosalinda Lacsamana.
The twin rulings appear to be a major shift in the Sandiganbayan’s stance to its pronouncement that the prosecution does not have strong evidence to establish the defendants’ guilt when it granted bail in favor of Napoles and Lanete on April 12, 2016.
“The testimonial and documentary evidence presented by the prosecution, unless successfully rebutted by the accused, are sufficient to support a verdict of guilt against accused Napoles,” the Sandiganbayan said.
In denying the motions of Lanete, Cunanan, and Lacsamana asking leave of court to file demurrer to evidence, the Fourth Division held that contrary to the defense contention that the elements of the criminal charges have not been proven beyond reasonable doubt, it found solid evidence against them.
“It can be gleaned from the records of the case that the prosecution has presented sufficient evidence to prove that they have caused the release of the PDAF funds by signing the disbursement vouchers … relative to the cases filed against them,” the Sandiganbayan noted.
While Lanete invoked the court’s April 12, 2016 resolution that the evidence of her guilt is not strong, the court reminded the accused that the grant of bail was based on a summary hearing which is not as thorough as a trial on merits.
She was also told that her claim that someone forged her signatures on documents related to the transaction cannot be presumed but must be proven by “clear, positive, and convincing evidence.”
“Those who make the allegation of forgery have the burden of proving it,” the court stressed.
Lanete was accused of pocketing P108.4 million from her Priority Development Assistance Fund (PDAF) or “pork barrel” allocations as a former member of the House of Representatives from 2007 to 2009 after funneling her PDAF to the Social Development Program for Farmers Foundations Inc. (SDPFFI), an alleged bogus private foundation created by Napoles.
She was charged with plunder together with her former staff Jose Sumalpong, Napoles, and the latter’s long-time employee John Raymond de Asis.
On top of this, she is also facing 11 counts of graft in relation to the questioned PDAF transactions.
Napoles has been convicted in 2018 in the plunder case of Sen. Bong Revilla and is already serving a sentence of reclusion perpetua at the Correctional Institution for Women.
