Napoles asks SC to withdraw Sandiganbayan’s denial of bid to dismiss plunder case

Photo: Rappler

Known as the “pork barrel scam queen,” Janet Lim Napoles requested the Supreme Court to overturn the Sandiganbayan’s denial of request to dispatch one of the plunder cases against her.

Moreover, she also asked the court to issue a temporary restraining order to stop the trial.

In a petition filed on October 3, Napoles questioned 3 resolutions released by the Sandiganbayan Fifth Division, which declined her counterclaim; a motion to dismiss can be on the ground due to the insufficiency of evidence, or anti-graft court’s lack of jurisdiction because the criminal charge did not claim the main plunderer.

In line with this, the former Senator Jinggoy Estrada who was charge with P183-million plunder, which suspected him by receiving kickback from fake projects or commonly known as the Priority Development Assistance Fund or PDAF scam.

Napoles petition cited the court’s ruling on September 2017 allowing Estrada to post P1.3 million bail for the reason that he was supposedly recognized as the main plunderer.

“Simply put, without a public officer identified as the main plunderer, the crime of plunder can never prosper against the private person singly, such as herein petitioner,” Napoles insisted.

In April 2015, a Makati court sentenced her Reclusion Perpetua, sending her to prison up to 40 years, over the serious illegal detention case filed by her cousin and former employee Benhur Luy, who blew the whistle off the PDAF scam.

Lastly, she was acquitted in May 2017 after a recommendation was made by Office of the Solicitor General and backed up President Rodrigo Duterte.