House Majority Leader Rolando Andaya Jr. and Janet Lim-Napoles are scheduled for arraignment on Friday following the Sandiganbayan’s decision to proceed with the trial of the 194 criminal cases in connection with the P900-million Malampaya fund scam.
But Andaya, who is accused in 97 cases, insisted that the graft charges against him should be dismissed for lack of specific details that would support the allegations.
But the anti-graft court disagreed.
“To the mind of the court, the above matters need not be specifically alleged in the present informations because an information need only state the ultimate facts, or those facts which the expected evidence will support,” the Sandiganbayan said in the resolution promulgated on Jan. 8.
The resolution was written by Presiding Justice and Division head Amparao Cabotaje-Tang, with the concurrence of Associate Justices Bernelito Fernandez and Lorifel Pahimna.
Andaya, and his several co-accused in the case, including detained businesswoman Janet Lim-Napoles, and 22 others are facing 97 counts of graft and of misusing public funds.
They are accused of diverting P900 million from the Malampaya funds allocated by the Budget department to the Department of Agrarian Reform in 2009, and in the process using 12 Janet Lim Napoles-led non-government organizations as conduits to the alleged fraud.
Andaya, who was then Budget secretary, allegedly released the funds through the Agrarian Reform department.
The anti-graft court also denied the motions for reconsideration filed by eight other individuals, including former Agrarian Reform secretary and now Masui City, Lanao del Sur Mayor Nasser Pangandaman, as well as Napoles’ children James Christopher and Jo Christine.
The anti-graft court also said the elements of graft and funds misuse were in the informations filed by the Office of the Ombudsman.
“A plain reading will show that the acts and/or omissions complained of are alleged in plain, ordinary, and concise language,” the Sandiganbayan said.
