The Sandiganbayan has denied the pleas of detained businesswoman Janet Napoles and former Masbate 3rd District Rep. Rizalina Lanete to dismiss plunder and graft cases against them for the alleged misuse of her Priority Development Assistance Fund (PDAF).
In a nine-page resolution dated November 25, the anti-graft court denied Napoles' motion for leave of court to file demurrer to evidence for the plunder case.
“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,” the Sandiganbayan said.
“Wherefore, the court resolves to deny the motions for leave to file demurrer to evidence filed by accused Janet Lim Napoles,” it added.
Prior to this, in a separate decision, the Sandiganbayan also denied Lanete’s motion for leave to file a demurrer to evidence due to lack of merit.
A motion for leave is filed to seek the court’s permission to offer a demurrer to evidence, which is an appeal to dismiss a case soon after the prosecution rests its case. The defendant would waive the right to present evidence and argue for the immediate junking of the charges on the ground that the prosecution’s evidence is weak.
Under the above-mentioned cases, Napoles is accused of earning commissions off public funds and paying commissions to then Masbate lawmaker Rizalina Seachon-Lanete since the legislator endorsed the Napoles-run NGO Social Development Program for Farmers Foundation Inc. (SDPFFI) as the implementing agency for government projects funded by the latter’s pork barrel or discretionary fund.
In her motion for leave, Lanete pointed out that the court granted her bail in 2016 because the evidence against her was weak. She then insisted that the prosecution failed to prove she was the one who approved letters endorsing the bogus NGOs in the so-called PDAF scam.
The court, however, believes this is better taken up in trial than a demurrer to evidence.
“Forgery is not presumed; it must be proven by clear, positive, and convincing evidence. Those who make the allegation of forgery have the burden of proving it,” the court explained.
Government prosecutors also alleged that Lanete pocketed at least P107 million out of such dealings with Napoles from 2007 to 2009, that such amounts remain unliquidated, that the SDPFFI does not have the capacity to implement government programs, and that the business address of SDPFFI was dubious.
