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Sandiganbayan denies Napoles, Lanete attempt to junk PDAF cases

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Adrian Ayalin, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="The Sandiganbayan building in Quezon City on Feb. 19, 2020. Jonathan Cellona, ABS-CBN News/File" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2022/news/12/01/20200219-sandganbayan-headquarters-jc-1098.jpg"/><figcaption>The Sandiganbayan building in Quezon City on Feb. 19, 2020. <em>Jonathan Cellona, ABS-CBN News/File</em></figcaption></figure></div><p>MANILA — The Sandiganbayan has denied an attempt by ex-businesswoman Janet Lim Napoles and former Masbate Third District Rep. Rizalina Seachon-Lanete to dismiss their plunder and graft cases in connection with the Priority Development Assistance Fund (PDAF) scam. </p><p>In separate resolutions dated Nov. 25 and Nov. 21, 2022, the court&#x27;s Fourth Division denied the motions for leave to file demurrer to evidence of Napoles and Seachon-Lanete, saying the issues they raised are better resolved through a full-blown trial of the cases. </p><p>The motion is a preliminary step before filing the demurrer to evidence itself, which seeks to dismiss a case based on prosecution&#x27;s failure to present sufficient evidence. </p><p>&quot;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,&quot; the court said in the Nov. 25 resolution on Napoles. </p><p>The issues raised by Napoles included the lack of probative value of the pieces of evidence of the prosecution such as photocopies of public documents.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/nation/regions/07/29/15/masbate-farmers-deny-receiving-funds-lanete">Masbate farmers deny receiving funds from Lanete</a></li></ul><p>Napoles and Lanete are facing graft and plunder charges filed in 2015 for allegedly pocketing over P108 million in kickbacks from 2007 to 2010.</p><p>The court reiterated the strong evidence against Seachon-Lanete in the Nov. 21 resolution, which also denied the similar motions of accused Maria Rosalinda Lacsamana and Dennis Cunanan.</p><p>In her motion, Seachon-Lanete noted, among others, that the prosecution failed to prove that she signed documents related to the PDAF scam.</p><p>She also emphasized that her application for bail in 2016 was granted by the court because the evidence of her guilt is not strong.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/nation/04/13/16/sandigan-grants-bail-to-napoles-laete">Sandigan grants bail to Napoles, Lañete</a></li></ul><p>“The testimonial and documentary evidence presented by the prosecution, unless successfully rebutted by the accused, are prima facie sufficient to support a verdict of guilty against the accused-movants,” the court said in its Nov. 21 resolution.</p><p>Associate Justice Lorifel Lacap Pahimna penned the resolution, with the concurrence of Division Chairperson Michael Frederick Musngi and Associate Justice Bayani Jacinto.</p><p>While Seachon-Lanete is out on bail, Napoles is serving her sentence at the Correctional Institution for Women following her conviction in the plunder case which involved Sen. Bong Revilla, who was <a href="https://news.abs-cbn.com/news/12/07/18/bong-revilla-cleared-of-plunder-in-pork-barrel-scam-case">acquitted</a> by the Sandiganbayan in 2018. </p><p>In 2013, the Supreme Court declared PDAF <a href="https://news.abs-cbn.com/nation/11/19/13/sc-declares-pdaf-unconstitutional-sources">unconstitutional</a>.</p><div><strong>RELATED VIDEO</strong></div><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=1432850" 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>

In separate resolutions, the court said the issues raised by Napoles and Seachon-Lanete are better resolved through a full-blown trial of the cases.

Sandiganbayan denies Napoles, Lanete attempt to junk PDAF cases

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Sandiganbayan denies Napoles, Lanete attempt to junk PDAF cases

Adrian Ayalin,

ABS-CBN News

Published December 01, 2022 12:07 PM PHT

Read More:

Rizalina Seachon-Lanete

Janet Lim Napoles

PDAF

PDAF scam

pork barrel

plunder

graft

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