Sandiganbayan affirms inclusion of Janet Napoles’ brother as co-accused in Malampaya scam case

The Sandiganbayan has ruled to proceed holding Reynald Lim, the brother of Janet Lim Napoles, for trial for graft and malversation of public funds in connection with his alleged role in the P900-million Malampaya fund scam.

In a resolution dated October 5, the Third Division denied the quashal motion of Lim and said it is too early for the court to rule on whether he acted in conspiracy with Napoles.

Lim and Napoles were among the 25 individuals charged with 97 counts each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and malversation of public funds through falsification of public documents.

Their co-accused also includes former Budget chief and now House Majority Leader Rolando Andaya and former former Agrarian Reform secretary and now Masui City, Lanao del Sur Mayor Nasser Pangandaman.

The case stemmed from the alleged illegal diversion of P900 million worth of funds from the Malampaya natural gas project intended for relief operations, rehabilitation, and reconstruction of areas affected by Tropical Storm Ondoy and Typhoon Pepeng.

The funds were instead funneled to the fake foundations of Napoles for the implementation of non-existent rehabilitation projects.

Lim argued the evidence of the prosecution is weak since he is not a public official. He said the only allegation of conspiracy against him was that he is the brother of Napoles, who is also the alleged scheme mastermind of the pork barrel fund scam.

He said the whistle-blowers of the scam also failed to pinpoint him as one of those who supposedly fabricated documents to justify the release of the P900 million.

However, the Sandiganbayan said the anti-graft law allows the inclusion of private individuals as respondents as long as they are accused of conniving with government officials, in this case Andaya, Pangandaman, and the other public respondents.

"Consistent with the avowed policy of the Anti-Graft Law to repress certain acts of public officers and private persons alike which constitute graft and corrupt practices or those which may lead thereto, our Supreme Court has underscored that private persons when acting in conspiracy with public officers may be indicted," the Sandiganbayan said.

The Sandiganbayan instead urged Lim to prove his innocence of the crimes charged against him during the full-blown trial of the case.

"The assertion of the accused-movant that there is an absence of proof of conspiracy between him and his co-accused remains a matter of defense and is evidentiary in nature. The truth thereof is thus best passed upon after a full-blown trial on the merits," the resolution read. — RSJ, GMA News