MANILA — The Sandiganbayan has junked a new motion to dismiss filed by the new lawyers of former businesswoman Janet Lim Napoles seeking the dismissal of her plunder case involving the Priority Development Assistance Funds of former senator Jinggoy Estrada.
Napoles' motion did not present new arguments on the issue of public officials as main plunderers in the Estrada case, the Sandiganbayan Fifth Division said in a resolution promulgated last Sept. 19.
In information filed by the Office of the Ombudsman, Estrada and his former staff Pauline Labayen were considered as the main plunderers and Napoles as a co-conspirator, noted the court.
"An examination of the present motion to dismiss shows that the matters raised therein are mere reiterations of the issues raised in the motion for reconsideration filed by the same accused, which had been exhaustively discussed in several resolutions issued by this Court,” the court said.
The court added the accused were properly informed of the accusations against them, on the plunder of P183 million government funds, enough to have them convicted if no contrary evidence is presented.
“For failure of the accused to present new matters that would warrant the reversal of the Court's resolutions, this Court maintains its conclusions that the present Information afforded all of the herein accused of their constitutional right to be informed of the nature and cause of accusation against them and that the prosecution was able to present satisfactory evidence, which if unrebutted can support a judgment of conviction,” the court said.
The court has yet to resume hearings on the plunder case after the demurrers to evidence for the outright dismissal of the case filed by Estrada and Napoles were denied by the justices.