Metro Manila (CNN Philippines, August 9) — Businesswoman Janet Lim Napoles was unable to convince the Sandiganbayan to reverse her conviction over the misuse of ₱15.3 million in congressional funds of the late former Davao del Sur Representative Douglas Cagas.
In a resolution dated August 8, the Sandiganbayan 2nd Division reiterated that the prosecution presented sufficient evidence to prove the involvement of Napoles, tagged “the pork barrel queen,” in the conspiracy.
“It is crystal clear that there is adequate credible evidence, testimonial and documentary, warranting the conviction beyond reasonable doubt of accused-movant Napoles,” the court said in its resolution denying Napoles’s motion for reconsideration.
In her appeal, Napoles questioned the court for giving weight to the testimonies of prosecution witnesses Benhur Luy and Mary Joyce Baltazar, both identified as her former employees.
She pointed out that their testimonies are bare allegations as there is no evidence proving she gave kickbacks or rebates to Rep. Cagas in exchange for the diversion of his Priority Development Assistance Fund (PDAF) to non-government organizations she controls.The court, however, noted Luy and Baltazar were clear and consistent on the matter of their relation to Napoles as well as the NGOs established under her control.It also stressed the importance of Daily Disbursement Report (DDR) entries saved in Luy’s hard drive which supposedly details kickbacks received by Cagas. A representative from the National Bureau of Investigation (NBI) who conducted a forensic examination on the hard drive found that its contents were consistent or the same as the printed copies of the DDR.There was no iota of proof that would directly contradict her established guilt. In fact she (Napoles) did not even present any evidence in her defense,” the court said.In a previous decision, the court found Napoles guilty of two counts of graft and two counts of malversation of public funds over the diversion of Cagas’s PDAF.
