Sandigan junks Napoles bro's plea to dismiss Malampaya case

The Sandiganbayan has denied the appeal of Reynald Lim, brother of convicted plunderer Janet Lim Napoles, to dismiss the 194 charges he faces in connection with the P900-million Malampaya fund scam.

Much of the arguments Lim raised in his motion for reconsideration was already passed upon when he lost his quashal motion in October, the anti-graft court's Third Division said.

“Wherefore, premises considered, the motion for reconsideration dated October 24, 2018 of accused-movant Reynald Lim is hereby denied for lack of merit,” the dispositive portion of the January 14 resolution reads.

Lim is a co-accused of Napoles, together with House Majority Leader Rolando Andaya Jr. and more than 20 others, for 97 counts each of graft and malversation of public funds through falsification of public documents.

The case stemmed from the diversion of funds sourced from the Malampaya natural gas project for relief operations, rehabilitation, and reconstruction of areas affected by Tropical Storm Ondoy and Typhoon Pepeng in 2009.

Then-Budget chief Andaya had authority to release the P900 million through DAR as implementing agency, but the money went to 13 bogus non-government organizations of Napoles instead.

Lim said the prosecution stated vague allegations as to how he contributed to the scheme, aside from the plain suggestion that he conspired with his other co-accused.

The Sandiganbayan said these issues are best presented during a full-blown trial, noting his relationship with Napoles has nothing to do with the charges against him.

“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 Sandiganbayan said.

“Consequently, courts need not make a determinative finding regarding the existence or non-existence of conspiracy among the accused at this stage of the proceedings,” it added.

The Third Division clerk of court of said Lim is included in the list of defendants who will be arraigned on Friday.

The anti-graft junked with finality the bids of Napoles and Andaya to dismiss their cases in a resolution on January 8. —LBG/RSJ, GMA News