Napoles denies owning three pork-barrel funded NGOs

Businesswoman Janet Napoles, in a filing on the P57 million plunder case filed against her and APEC party-list Representative Edgar Valdez, denied ownership of three non-government organizations which received Valdez's pork barrel allocation.

In a 29-page motion for reconsideration on Sandiganbayan’s August 28, 2019 denial of her and Valdez’s motion to file demurrer of evidence, Napoles argued that government prosecutors failed to present documents linking her to the three NGOs - the Masaganang Ani Para sa Magsasaka Foundation, Inc. (MAMFI); Philippine Social Development Foundation Incorporated (PSDFI); and Social Development Program for Farmers Foundation, Inc. (SDPFFI).

“In the case at bar, it is admitted by the prosecution that they do not have any evidence of government or official record, e.g. SEC Articles of Incorporation and By-Laws, General Information Sheet, bank records or official documents showing that accused Napoles is a stockholder, director, or officer of MAMFI, PSDFI and SDPFFI nor the JLN Corporation is the parent company of the said NGOs,” the motion read.

“Thus, if accused Napoles cannot be held liable for the alleged criminal acts amounting to Plunder  of  MAMFI, PSDFI and SDPFFI [with Napoles[ being a stranger to these corporations, who then can be held liable therefor? It is the corporate officers of  MAMFI, PSDFI and SDPFFI who should be held liable for plunder,” the motion added.

Prosecution witnesses Marina Sula, Mary Arlene Joyce Baltazar and Benhur Luy earlier testified that they were former employees of JLN Corporation who were entrusted by Napoles with various tasks, such as the creation of purported foundations, NGOs, corporations, as well as fabricating the documents pertaining to these allegedly bogus organizations and falsifying the signatures of individuals as beneficiaries.

The JLN employees also claimed that Napoles instructed these employees to make themselves officials of these NGOs, while their addresses were used as the NGOs’ addresses.

Citing these incorporation documents, Napoles argued that instead of her, it was Sula and Luy who should be made liable for plunder since they were the ones who admitted that they fabricated, falsified and forged documents either in the name or in behalf of MAMFI, PSDFI and SDPFFI as beneficiaries Valdez's PDAF funds.

“Certainly, the acts of Sula and Luy make them personally liable for the criminal acts of MAMFI, PSDFI, and SDPFFI for they have clearly assented to the patently unlawful acts of the corporation and  acted in bad faith or gross negligence in directing their affairs,” the motion read

“Accused Napoles cannot be prosecuted nor convicted as a co-conspirator in the commission of the crime of plunder in this case on the basis alone of the say-so of these self-confessed criminals. Wherefore, it is respectfully prayed that the assailed Resolution dated August 28, 2019 be reconsidered and set aside and a new one be issued granting the Demurrer to Evidence of accused Napoles and dismissing the above-entitled criminal case as to her for insufficiency of evidence,” the motion added.

In denying Napoles and Valdez's demurrer to evidence, the anti-graft court cited an Anti Money Laundering Council report showing that Valdez's bank accounts received P57 million from the three NGOs. — DVM, GMA News