Napoles cites Revilla acquittal to appeal guilty verdict: No more main plunderer, so no more plunder

Alleged pork barrel scam mastermind Janet Lim Napoles has urged the Sandiganbayan to reverse her guilty verdict since the scheme's supposed "main plunderer," former Senator Ramon "Bong" Revilla Jr., has already been acquitted over the misuse of P224-5 million worth of public funds.

"With the acquittal of Revilla, there is no main plunderer, hence, there is no plunder. Therefore, as a necessary consequence, his co-accused must also be acquitted," Napoles said in her motion for reconsideration filed before the First Division.

Napoles said this leaves either her or Revilla's former legislative aide, lawyer Richard Cambe, as the main plunderer.

However, Napoles said she could not be the main plunderer because she is a private individual and the ill-gotten wealth she supposedly received from the Priority Development Assistance Fund (PDAF), or pork barrel, of Revilla only amounted to P44 million.

The evidence against Cambe, the next public officer after Revilla, on the other hand, showed he received kickbacks from Napoles worth P13.9 million, well below of the P50-million threshold for a plunder case.

Napoles cited the dissenting opinion of division chairperson Associate Justice Efren dela Cruz, who said the pork barrel scam would be impossible without the participation of Revilla.

"On their own, Napoles and Cambe were powerless to access the PDAF. The fund was allocated to Revilla by virtue of his office as the Senator," Dela Cruz said.

"One of the most distinguished powers of his office is the authority to initiate release of public funds to the beneficiaries of his choice. The power is exclusive to Revilla. Thus, for Napoles and Cambe to infiltrate the money, they needed Revilla," he added.

In acquitting Revilla, the Sandiganbayan ruled it was Napoles and Cambe who acted in conspiracy for the amassing of ill-gotten wealth in favor of the latter, but Napoles said this was never proven because the prosecution never presented the bank records of Cambe during the trial.

"It is settled that the act of one co-conspirator is deemed the act of all conspirators. From the acquittal of the alleged co-conspirators, Revilla Jr., it can be said then that the chain of conspiracy has been broken," Napoles said.

Napoles said the guilty verdict against her and Cambe while Revilla, who is seeking a re-election to the Senate, was acquitted of plunder "flows serious doubt" on the majority decision of the First Division's special division of five.

"When the honorable court discarded the theory of the prosecution that Revilla was the main plunderer, it has become inevitable that the crime established by the evidence of the prosecution in the instant case could not be plunder," she added.

Napoles also said the scheme whistle-blowers were not credible witnesses to establish her guilt, especially after Marina Sula testified that she was coached by the prosecution to corroborate the statements of fellow whistle-blower Benhur Luy.

She has a pending appeal at the Sandiganbayan on her transfer of detention from Camp Bagong Diwa to the Correctional Institution for Women. — MDM, GMA News