Napoles secured P25-M project using a fictitious person, Luy claims in court

Janet Lim-Napoles, alleged mastermind of multibillion-peso pork barrel scam, was able to secure a P25-million project from a lawmaker’s Priority Development Assistance Fund (PDAF) by using the name of a fictitious person, whistleblower Benhur Luy claimed in court.

 

Testifying before the Sandiganbayan Third Division on Friday,  the primary state witness in the pork barrel scam, claimed memorandum of agreements (MOAs) exist between the office of Senate Minority Leader Juan Ponce Enrile and non-governmental organizations (NGOs) allegedly owned by Napoles.

 

The agreements between Enrile and the Napoles-linked NGOs pertain to supposed project implementations to be funded by the senator’s Priority Development Assistance Fund (PDAF) or more commonly known as pork barrel, according to the witness.

 

As the prosecution presented each of the agreement before the court, the name of one Mae Ann Kilapkilap was mentioned as president of Philippine Agri and Social Economic Development Foundation Inc. (PASEDFI).

 

Third Division member Associate Justice Samuel Martires raised an observation, saying it was the first time he had heard of such foundation and its alleged president.

 

“Hindi ako familiar sa Kilapkilap foundation na ito. Ngayon ko lang narinig ito,” Martires remarked.

'Mae Ann Kilapkilap'

 

Further questioning by Martires prompted Luy to admit he himself had never mentioned PASEDFI as well as the name Mae Ann Kilapkilap in his sworn affidavits executed before the National Bureau of Investigation (NBI) and the Office of the Ombudsman.

 

“Bakit hindi ninyo isanali na kinasuhan ito, presidente pala ng foundation?” Martires asked addressing the prosecution.

 

The prosecution lawyers replied that the foundation and its alleged president were never mentioned in the Special Audit Report of the Commission on Audit (COA).

 

The Special Audit Report along with the sworn affidavits of Luy and the other witnesses were the primary basis for the Office of the Ombudsman to file cases against Enrile and other lawmakers and government officials supposedly involved in the pork barrel scam.

 

The prosecution, however, assured the court that Luy has the records of all the transactions between PASEDFI and the other Napoles-linked NGOs with Enrile.

 

Asked to expound on the alleged transactions between Enrile and PASEDFI, Luy told the court the senator supposedly allocated P25 million of his PDAF to PASEDFI for a project in 2006 in exchange for a 40 percent kickback worth P9.5 million.

 

Martires remarked he remains puzzled by the fact that Kilapkilap was not among the co-accused in Enrile’s cases.

 

“I still cannot understand why she was not included in your sworn affidavits in the COA report. Hindi kaya kamag-anak mo? Isn’t your middle name Kilapkilap?”

 

Luy’s full name is Benhur Kilapkilap Luy.

A fictitious name

 

It was then that Luy told the court that Mae Ann Kilapkilap was a fictitious name.

 

 “There is no such person, your honor,” Luy said.

 

Napoles, who was also in the courtroom, exclaimed in her seat, “Kapatid niya 'yun!”

 

Without being asked by the justices, Luy responded: “Ang pangalan po ng kapatid ko ay Cherie Ann.”

 

The Third Division was in session to hear Napoles’ bail petition involving her plunder case in connection with the pork barrel scam. She is currently detained at the Correctional Institution for Women in Mandaluyong City after she was convicted of serious illegal detention, a case Luy filed against her in 2013.

 

Meanwhile, Enrile is under hospital arrest at the Philippine National Police General Hospital in Camp Crame, Quezon City. He is accused of pocketing P172-million worth of kickbacks from the pork barrel anomaly.

 

Napoles’ camp has repeatedly claimed the presidents of the NGOs were the ones who really benefitted from the scam, claiming the lawmakers' PDAF went into their bank accounts. – VS, GMA News