SC upholds Ombudsman’s decision vs Napoles, ex-DBM officials

The Supreme Court has upheld the Office of the Ombudsman’s finding of probable cause against pork barrel scam principal accused Janet Lim-Napoles and former officers of the Department of Budget and Management (DBM) for graft and other offenses in relation to the misuse of Priority Development Assistance Fund (PDAF).

In a decision promulgated in December 2022 but was made public only on Tuesday, the high court’s Second Division, through Senior Associate Justice Marvic Leonen, denied the consolidated petitions for certiorari filed by Napoles and DBM officers Mario Relampagos, Rosario Nufiez, Lalaine Paule and Marilou Bare.

The petitions challenged the Ombudsman’s finding of probable cause against Napoles and other respondents for violation of Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, malversation under Article 217 of the Revised Penal Code (RPC), and corruption of public officials under Article 212 of the RPC.

The charges were brought by the Ombudsman against Napoles and other respondents in relation to the 2007 PDAF of then Davao del Sur Rep. Douglas Cagas amounting to P16 million.

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The amount was diverted through Countrywide Agri and Rural Economic and Development Foundation Inc. and Philippine Social Development Foundation Inc., both alleged nongovernmental organizations.

Ghost projects

The funds were diverted from the DBM to Technology Resource Center (TRC), the implementing agency for the ghost projects. When the TRC was abolished on Aug. 4, 2014, its functions, programs and remaining assets were transferred to the Department of Science and Technology, which was its supervising agency. INQ