Napoles petitions for dismissal of Malampaya cases

FILE: Janet Lim-Napoles  (PNA photo)

Alleged Priority Development Assistance Fund (PDAF) or pork barrel scam mastermind Janet Lim-Napoles filed a motion before the Third Division of the Sandiganbayan requesting to dismiss the graft and malversation raps against her regarding the P900-million Malampaya fund scam.

Napoles on February 20 wrote in a motion that the 97 counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and malversation of public funds against her should be dismissed since she is not a public official.

“This element can only be committed by a public officer charging administrative, judicial or official function. Not being public officers, herein accused could not possibly commit the acts that they are charged with,” Napoles said through a 21-page quashal motion.

“The charge of malversation is misplaced and absolute baseless. As defined, the accused cannot be made liable for malversation. She is a private individual and the crime of malversation can only be committed by a public officer,” she added.

Napoles is co-accused in the Malampaya charges of former Department of Budget and Management (DBM) secretary Rolando Andaya Jr. – who is currently a Camarines Sur Representative and former Department of Agrarian Reform (DAR) secretary, now Lanao del Sur Mayor Nasser Pangandaman.

Apart from Napoles, the Ombudsman also accused her children Christopher and Jo Christine, and her brother Ronald Francisco Lim of conniving with the former DBM and DAR secretaries in the alleged illegal disbursement of the Malampaya funds meant for Ondoy and Pepeng victims. All of them filed a motion to dismiss the criminal cases against them.

She also mentioned that she cannot defend herself since the Office of the Ombudsman did not specify in its charge sheet the details of the alleged crime.

“Certainly, it would be perplexing for the accused to admit or face the charge, by not knowing how, when and where, during the span years, were the alleged ‘over criminal acts’ have been committed,” the motion further read.