Sandigan resolving Napoles’ demurrer plea
Napoles had been found guilty of plunder in previous PDAF cases. She filed the demurrer to evidence last 13 November with the court hearing it on 21 November
Janet Lim Napoles
Daily TribuneNapoles had been found guilty of plunder in previous PDAF cases. She filed the demurrer to evidence last 13 November with the court hearing it on 21 November
Janet Lim Napoles
After her co-accused complete their presentation of evidence, plunder convict Janet Lim Napoles' bid to quash the graft and malversation charges against her will be resolved by the Sandiganbayan.
The Sandiganbayan's Seventh Division, in an undated resolution, said it would rule on Napoles' demurrer to evidence plea in relation to the alleged misuse of P7 million of the PDAF of ex-Oriental Mindoro Rep. Rodolfo Valencia.
Otherwise known as the "pork barrel fund" before its abolition, the PDAF pertains to the Priority Development Assistance Fund of members of Congress.
Napoles had been found guilty of plunder in previous PDAF cases. She filed the demurrer to evidence last 13 November with the court hearing it on 21 November.
A demurrer to evidence is a pleading by an accused to dismiss the case based on the evidence presented by the prosecution. Once granted in a criminal case, it constitutes an acquittal.
Currently, Napoles' co-accused are in the process of presenting their respective evidence, according to Sandiganbayan.
The resolution to allow Napoles to file a demurrer to evidence is in line with Section 8, Rule VII of the Sandiganbayan's 2018 Revised Internal Rules, which states that where a case involves several accused, and one or some of the accused did not file such demurrer, the same may be resolved or decided simultaneously or jointly with the primary decision after the presentation of evidence for the other accused, for the orderly disposition of the case.
Napoles is a co-accused of Valencia on graft and malversation of public funds charges involving P7 million channeled in 2008 and 2009 to non-governmental organizations allegedly controlled by Napoles in exchange for purported kickbacks.
Other lawmakers had been charged with funneling their PDAF to ghost projects for kickbacks.
Graft probers alleged Valencia received total commissions, rebates, and kickbacks amounting to at least P2.4 million from projects funded by his PDAF in 2008.