Metro Manila (CNN Philippines, April 8) — Businesswoman Janet Lim Napoles has sought the dismissal of her plunder case in relation to the alleged diversion of former Senator Jinggoy Estrada’s pork barrel.
In her demurrer to evidence received by the Sandiganabayan Fifth Division on March 28, Napoles said the prosecution failed to point out any public officer as the main plunderer. She said there is no plunder if the private individual amassed wealth.
“It must be shown that the public officer was principally and ultimately benefited or enriched, and not a private person,” the motion read.
Napoles also said the prosecution failed to reach the P50-million threshold required of a plunder offense.
She is accused of conspiring with Estrada to pocket some P183 million in public funds through fake nongovernment organizations. But since no main plunderer was identified, Napoles said the amount should be divided between the four individuals facing a plunder charge in relation to Estrada’s pork barrel.
“Considering that none was adjudged to be the main plunderer, each of the four accused would amount for the aliquot amount of only P45,948,437.50 million or exactly ¼ of the alleged ill-gotten wealth,” Napoles said.
She also questioned the credibility of Benhur Luy, her cousin and former employee-turned-state witness.
Napoles is facing several other plunder charges involving the pork barrel or Priority Development Assistance Fund of former lawmakers.
She was convicted of plunder before the Sandiganbayan First Division in relation to the pork barrel of former Senator Bong Revilla. Revilla was acquitted.
