The Supreme Court has paved the way for the Sandiganbayan to proceed with the trial of the criminal cases filed against suspected pork barrel scam architect Janet Lim-Napoles in connection with the alleged anomaly in the utilization of the lawmakers’ multi-billion-peso Priority Development Assistance Fund.
In an en banc session on Tuesday, the SC resolved to dismiss the petitions filed by Napoles assailing the separate resolutions issued by the Office of the Ombudsman on June last year ordering the filing of criminal charges against her.
“The power to determine whether a complaint is sufficient in form and substance is lodged with the Ombudsman, who may continue with the inquiry or dismiss it outright,” the SC ruled.
“The Courts are not empowered to substitute their judgment for that of the Executive Branch or the Ombudsman on this matter except only where the Ombudsman acts without jurisdiction or with grave abuse of discretion, neither of which is present in this case,” the tribunal stressed.
In her petition, Napoles argued that Ombudsman Conchita Carpio-Morales committed grave abuse of discretion and violated her right to due process when she ordered the filing of a total of six counts of violation of the Anti-Graft Law and another six counts of malversation of public funds.
She asserted that the complaint against her was insufficient in form and substance.
However, the tribunal stressed that as a matter of general principle, it would not interfere with the prosecutor’s or Ombudsman’s determination of the existence of probable cause.
It said if there are defect in the complaint or charge sheet, the SC said it should have been addressed by filing a motion to quash instead of a petition before them.
The SC added that assuming there were defects, it does not always mean a dismissal of the case but the court may order an amendment to the complaint.
In determining probable cause, the SC said “absolute certainty regarding the existence of the elements of the crime is not required but only those facts sufficient to support a prima facie case against [Napoles].”
“Furthermore, technical rules of evidence are not applied in the course of a preliminary investigation proceeding. In fact…hearsay evidence can be the basis for determining the existence of probable cause in a preliminary investigation as long as there is substantial basis for crediting the hearsay,” the tribunal pointed out.
Napoles’ other petition was dismissed for her failure to provide the adverse party, the Ombudsman and the Sandiganbayan with a copy of her petition.
Last June 22, 2015, the Ombudsman issued several resolutions ordering the filing of criminal cases against lawmakers and Napoles.
The separate resolutions issued last year found probable cause to indict former congressmen Rozzano Rufino Biazon (Muntinlupa City), Rodolfo Valencia ( Oriental Mindoro), Marc Douglas Cagas IV ( Davao del Sur), Arrel Olaño ( Davao del Norte), Arthur Pingoy, Jr. ( South Cotabato) and several others in connection with the PDAF scam.
In five separate Resolutions, Ombudsman Morales directed the filing of Informations for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act [R.A.] No. 3019), Malversation (Article 217, Revised Penal Code [RPC]), and Direct Bribery against the five ex-Representatives and officials of the Energy Regulatory Commission (ERC) including ERC Chairperson Zenaida Ducut, the Department of Budget and Management (DBM), Technology Resource Center (TRC), National Business Corporation (NABCOR) and other purported non-governmental organizations (NGOs) including Napoles before the Sandiganbayan.
Ducut on Tuesday pleaded not guilty to the graft and malversation raps filed against her before the Sandiganbayan in connection with the pork barrel fund scam.
At the anti-graft court’s Seventh a Division, Ducut appeared at the arraignment, denying any involvement in the charges.
Three other accused – ex-Technology Resource Center director Dennis Cunanan, group manager Rosalinda Lacsamana and private individual Evelyn de Leon — pleaded not guilty, too.
A preliminary conference is set on July 8.
Last April, the Sandiganbayan issued a hold departure against former representative Marc Douglas Cagas of Davao del Sur and Ducut, along with 17 others in connection with the multibillion-peso PDAF scam.
The PDAF of Cagas from 2007 to 2009 amounting to P11 million was allegedly channeled to National Agribusiness Corp. and TRC as implementing agencies.