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Sandiganbayan junks Napoles appeal for reversal of PDAF scam conviction

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Adrian Ayalin, ABS-CBN News

<p>The Sandiganbayan 2nd Division denied the motion for reconsideration of alleged pork barrel scam queen Janet Lim Napoles for the reversal of her conviction in two counts of graft and two counts of malversation.</p><div> </div><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/06/30/23/napoles-ex-davao-del-norte-solon-found-guilty-in-pdaf-scam">Napoles, ex-Davao Del Norte solon found guilty in PDAF scam</a></li>	<li><a href="https://news.abs-cbn.com/news/06/22/23/luy-says-napoles-kids-helped-fake-documents-in-pdaf-scam">Benhur Luy says Napoles kids helped fake liquidation documents in PDAF scam</a></li></ul><p>In the resolution of the court promulgated on August 8, 2023, the appeal of Napoles <a href="https://sb.judiciary.gov.ph/RESOLUTIONS/2023/H_Crim_SB-17-CRM-0636-0641_People%20vs%20Cagas,%20et%20al_08_08_2023.pdf">was denied</a> for lack of merit. </p><p><br/>In the motion filed by her lawyer, Napoles assailed the prosecution evidence by saying the testimonies of her former employees, whistleblowers Benhur Luy and Mary Arlene Baltazar, were bare allegations.</p><p>But the court noted that the testimonies of Luy and Baltazar corroborated the reports and other documents from the Commission on Audit-Special Audit Office.</p><p>“Prosecution witnesses Luy and Baltazar were clear, consistent and, in fact, in-depth on the matter of how they were related to her, as well as the corporation and NGOs (non-government organizations) which were established being under her control thus, making their testimonies credible,” the court said in the resolution penned by Associate Justice Edgardo Caldona, with the concurrence of Division Chairperson Oscar Herrera, Jr. and Associate Justice Arthur Malabaguio.</p><p>On May 19, 2022, the court handed its guilty verdict against Napoles in the P7.6 million Priority Development Assistance Fund scam cases involving the late Davao del Sur 1st District representative Douglas Cagas.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/05/22/23/napoles-acquitted-of-graft-guilty-in-another-set-of-pdaf-cases">Napoles acquitted in 16 graft cases, guilty in another set of PDAF cases</a></li></ul><p><br/>The court said in the decision that an Anti-Money Laundering Council report complemented the testimony of Luy that non-government organizations involved in the PDAF scheme were owned, controlled and operated by Napoles.</p><p>The court reiterated in its August 8, 2023 resolution that the Daily Disbursement Report of Luy was evidenced by official bank documetns reviewed by the AMLC, which noted irregular transactions of NGOs Countrywide Agri and Rural Economic and Development Foundation or CARED and Philippine Social Development Foundation Inc. or PSDFI.</p><p>“The AMLC Inquiry Report complements the testimony of Luy that CARED and PSDFI as well as several other NGOs involved in the PDAF scheme are owned, controlled, and/or operated by accused Napoles, and that accused Napoles gave public officials commissions, rebates, or kickbacks for endorsing her NGOs to receive PDAF,” the court said.</p><p>The court also noted that Napoles submitted the final order of the Pasig City Regional Trial court Branch 161 dated May 31, 2023 which effectively acquitted her of the crime of corruption of public officers. </p><p>The prosecution however countered that Napoles’ guilt has been sufficiently proven beyond reasonable doubt and the issues she raised in her appeal were already duly considered and resolved by the court.</p><p>“Hence, it is crystal clear that there is adequate evidence, testimonial and documentary, warranting the conviction beyond reasonable doubt of accused-movant Napoles,” the court said. </p><figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=2754122" width="100%"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div>

The Sandiganbayan 2nd Division denied the motion for reconsideration of alleged pork barrel scam queen Janet Lim Napoles for the reversal of her conviction in two counts of graft and two counts of malversation.

Sandiganbayan junks Napoles appeal for reversal of PDAF scam conviction

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Sandiganbayan junks Napoles appeal for reversal of PDAF scam conviction

Adrian Ayalin,

ABS-CBN News

Published August 09, 2023 10:58 AM PHT

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