By Reina Tolentino
Manila Times
The anti-graft court Sandiganbayan’s Third Division has denied a petition for bail by alleged pork scam mastermind Janet Lim-Napoles in a P172mn plunder case against Sen. Juan Ponce Enrile in connection with the Priority Development Assistance Fund (PDAF) or pork barrel scam.
The ruling yesterday came after over a year of hearing Napoles’ petition for bail since August 2014. Prosecutors presented 29 witnesses, including key pork scam informants Benhur Luy, Marina Sula and Merlina Su?as as well as Ruby Tuason. “According to the rules, in the petition for bail, the court simply has to determine whether the evidence of guilt is strong against the accused. So in this case, there was a determination of the court in the matter of whether or not the evidence of guilt is strong…The court found that the evidence of guilt is strong,” Third Division Clerk of Court Dennis Pulma told reporters. “Let me also be clear that this is not a prejudgment of the merit of the case so what was found only was the evidence of guilt is strong, not whether or not the finding is beyond reasonable doubt because… it can only be determined after a full-blown trial of the case,” Pulma said.
In a 249-page ruling issued yesterday afternoon, the court found that the prosecution was able to prove that Enrile and his former aide and co-accused Jessica Lucila “Gigi” Reyes conspired with Napoles in receiving alleged kickbacks in connection with the PDAF of Enrile.
“The prosecution was likewise able to prove that the scheme was realised because Senator Enrile and Atty.
Reyes took advantage of their respective official positions and influence to unjustly enrich themselves at the expense and to the damage and prejudice, of the Filipino people and the Republic of the Philippines,” it said. “It is true that none of the prosecution witnesses testified that Senator Enrile directly received the kickbacks/commissions/rebates from accused Napoles.
Based on the DDRs (Daily Disbursement Reports) of Luy, accused Napoles repeatedly gave kickbacks/commissions/rebates to Senator Enrile’s middle persons,” the court added.
It said Sunas and Luy categorically testified that they were the ones who prepared the documents and money in paying the alleged kickbacks for Enrile. “These kickbacks/commissions/rebates were given by them or by accused Napoles to Ruby Tuason and the other middle persons of Senator Enrile,” according to the court. “Although there is no direct evidence that Senator Enrile received the kickbacks/commissions/rebates repeatedly given by accused Napoles to his middle persons, there is more than compelling evidence, consisting of the testimony of Ruby Tuason, that Atty. Reyes received Senator Enrile’s share,” it said.
“The receipt by Atty. Reyes, who was likewise a public officer at the time material to this case, of the said ill-gotten wealth is sufficient to establish that the crime of plunder was indeed committed and that accused Napoles played a stellar but perfidious role in this grand conspiracy,” the
court added.
Janet Napoles: setback again
