Metro Manila (CNN Philippines, May 23) — The camp of “pork barrel queen” Janet Lim Napoles said it will appeal the Sandiganbayan’s recent ruling which found her guilty of graft and malversation, this time in relation to the Priority Development Assistance Fund (PDAF) of the late former Davao Del Sur Rep. Douglas Cagas.
Atty. Rony Garay told CNN Philippines’ Balitaan on Tuesday that they will push for the review of the anti-graft court Second Division’s May 19 decision to convict Napoles of two counts of graft and two counts of malversation.
The detained businesswoman was sentenced with imprisonment of up to 10 years for each graft count, and a maximum of 17 years for each count of malversation.
“Hindi pa rin po ‘yan final,” Garay said. “Pwede pa kaming mag-file ng motion for reconsideration at pwede rin po namin ‘yan i-apela sa Supreme Court.”
[Translation: That verdict is not yet final. We could still file a motion for reconsideration, and we could also appeal that before the Supreme Court.]
According to the Sandiganbayan, Cagas endorsed as project partners two non-government organizations (NGOs) controlled by Napoles to implement livelihood projects throughout his legislative district.
The court said the late Davao lawmaker issued a Special Allotment Release Order allotting ₱8 million each in funding to the two NGOs from his PDAF despite both being unaccredited. It added that Cagas processed the release of ₱7.68 million to the NGOs without proper examination and verification, resulting in over ₱15 million in losses.
Napoles also offered large kickbacks to those involved in the scam, with Cagas receiving up to ₱9.30 million, the Sandiganbayan said.
The court’s First Division, on the other hand, has acquitted Napoles in 16 criminal cases over the pork barrel scam — the same ones Senator Ramon “Bong” Revilla was earlier cleared of.
“Dinalaw ko siya kahapon sa CIW (Correctional Institution for Women), masaya siya dahil meron siyang acquittal sa Sandiganbayan,” Garay said. “And pinaliwanag ko naman po sa kanya na ‘yung mga convictions niya in other cases are not final and are still appealable before the Supreme Court.”
[Translation: I visited Napoles yesterday at the CIW, and she’s happy that the Sandiganbayan acquitted her. I also explained to her that her convictions in her other cases are not final and are still appealable before the Supreme Court.]
According to Garay, Napoles has at least 29 consolidated cases for plunder, graft, and malversation.
“May na-dismiss na po na isa, so meron pa kaming 28 [One was dismissed, so we have 28 left],” he said.
The lawyer added that they are hopeful the recent acquittal will help reverse her earlier plunder conviction which they have also challenged.
In 2018, Napoles was convicted of plunder in relation to the pork barrel of Revilla, who was acquitted.
“I do not wish to speculate on the outcome of our appeal before the Supreme Court,” Garay said.
“But what I can state is the law,” he added. “If the accused is already acquitted of the offense for which she will be prosecuted again, like ‘yung plunder, then the rule of double jeopardy will apply already because of the fact that the predicate crime, which is a violation of the anti-graft law, is also the one being used in the plunder case…Same facts, same evidence, same testimonies po ng [of the] witnesses.”
An estimated ₱10 billion in government funds were said to have been lost to the pork barrel scam, with the money allegedly pocketed by Napoles, as well as lawmakers and private individuals she had connived with.
The Supreme Court declared the PDAF unconstitutional in 2013 following the exposé on its misuse.
