Sandiganbayan junks appeal of Napoles brother to quash Malampaya scam raps
The Sandiganbayan 3rd Division has turned down the motion of the brother of alleged pork scam mastermind Janet Lim Napoles which sought to quash the charges against him concerning his involvement in the P900-million Malampaya fund scam.
The anti-graft court has issued a resolution which denied the motion to quash of Reynald Lim who is facing charges of 97 counts of graft and 97 counts of malversation of public funds through falsification of public documents.
“The assertion of the accused-movant that there is an absence of proof of conspiracy between him and his co-accused remains a matter of defense and is evidentiary in nature,” the court ruled.
“The truth thereof is thus best passed upon after a full-blown trial on the merits,” it pointed out.
Under the charges, the defendants are accused of having illegally diverted P900 million from the Malampaya fund allocated by the Department of Budget and Management (DBM) to the Department of Agrarian Reform (DAR) between 2009 to 2010.
They allegedly used non-government organizations (NGOs) under alleged Napoles as conduits.
The funds were meant to be used for relief operations, rehabilitation, and reconstruction of areas affected by typhoons Ondoy and Pepeng.