Napoles camp eyes using acquittal in graft raps in appeal of plunder conviction concerning pork barrel before SC

The camp of Janet Napoles is considering using the Sandiganbayan decision which acquitted her of 16 counts of graft in the appeal of her conviction for plunder now pending before the Supreme Court.

The plunder conviction and graft charges involved the misuse of the same P224-million priority development assistance fund allocation.

“These charges are also the predicate crime of the plunder case which is now on appeal before the Supreme Court. These cases have the same set of facts, have the same set of evidence,” Napoles' lawyer Atty. Rony Garay said.

“We do not want to speculate on the outcome of our appeal before the Supreme Court, but definitely because of the rule on double jeopardy, siguro, baka pwede namin magamit,” he added.

(Maybe we can use it.)

Garay was referring to the Sandiganbayan decision in December 2018 which acquitted Sen. Ramon Revilla Jr. but convicted Napoles of plunder.

The Sandiganbayan in a recent decision dismissed 16 graft charges against Napoles due to the failure of the prosecution to prove the guilt beyond reasonable doubt.

The same Sandiganbayan decision also said that Revilla’s endorsement of Napoles-controlled NGOs as recipients of his discretionary fund officially named Priority Development Assistance Fund (PDAF) was merely recommendatory and was not an act of partiality in favor of Napoles.

Garay said Napoles welcomed her acquittal, her first in the Sandiganbayan.

“Masaya naman siya,” Garay said.

(She was happy.)

Napoles is currently detained at the Correctional Institution for Women in Mandaluyong City due to the plunder conviction. 

Aside from plunder, the Sandiganbayan, in a May 19 decision, has also found Napoles guilty of two counts of malversation and two counts of graft in connection with the illegal transfer and use of at least P7.6 million worth of public funds of the discretionary or pork barrel of then Davao del Sur representative Douglas Cagas. 

Each malversation conviction in the Cagas case carried a jail time of 12 to 17 years, among other penalties, while each graft conviction provides for a six to 10-year jail time, among other penalties. —NB, GMA Integrated News