• ‘Kickbacks’ came from my pocket – Napoles

    Dr. Raymund Sanos shows to reporters the room that has been prepared for Sen. Juan Ponce Enrile in case the Sandiganbayan will grant him hospital arrest.  Photo By Ruy Martinez

    Dr. Raymund Sanos shows to reporters the room that has been prepared for Sen. Juan Ponce Enrile in case the Sandiganbayan will grant him hospital arrest. Photo By Ruy Martinez

    Janet Lim-Napoles has asked the Sandiganbayan to scrap the plunder charges against her because she used her own personal money, not government funds, when she gave millions in cash advances to Sen. Ramon “Bong” Revilla Jr.

    Napoles made the argument on Wednesday in her Motion to Quash Information with Urgent Motion to Recall Warrant of Arrest.

    In the 37-page motion submitted thru her lawyer Stephen David, the Napoles camp maintained that the alleged kickbacks or commissions given to lawmakers came from the businesswoman’s personal money or private fund, and that she gave the total amount of P224 million to Revilla or the senator’s chief of staff Richard Cambe or both prior to the release of Revilla’s Priority Development Assistance Fund (PDAF) or pork barrel for still unfunded projects.

    The cash advances apparently were kickbacks or commissions in disguise.

    Revilla and the other respondents in the plunder case are accused of siphoning off taxpayers’ money by channeling their PDAF allocation to bogus livelihood projects implemented by fake non-government organizations (NGOs) owned and controlled by Napoles.

    “What is clear is that Napoles extended personal loan advances to the accused public officer. These [advances]could not be considered ‘ill-gotten wealth.’ Moreover, the advances were made by Napoles long before the release of the PDAF to the concerned non-government organizations. Based on the foregoing, the plunder information must be quashed and/or dismissed outright because the facts charged therein do not constitute the crime of plunder,” Napoles’ motion read.

    Plunder is committed when a public official amasses ill-gotten wealth worth at least P50 million through a combination or series of overt criminal acts by himself or in connivance with members of his family, relatives, business associates and subordinates.

    “The information [filed by the Ombudsman]failed to establish the link between the alleged acquisition or receipt of the said amount by Senator Revilla Jr./Cambe to the commission of overt or criminal acts falling within the ambit of the plunder law,” the motion said.

    Further, Napoles argued that whistleblowers only said his brother Ronald John and employee de Asis merely prepared the transfer of alleged kickbacks from the ghost projects supposedly bankrolled by PDAF.

    “The preparation of money and delivery of kickbacks and commissions are two different acts. The act of preparing the money solely could not amount to a commission of an offense, especially for the serious crime of plunder,” the motion pointed out.

    Napoles then claimed that her co-accused de Asis was only her driver, bodyguard, messenger and all-around errand boy, and as such cannot be a co-conspirator in defrauding the government so as to be charged with plunder.

    “In such capacity, it is [not even]remotely possible that he [de Asis]had conspired with anybody in the so-called PDAF scam as neither his knowledge nor position allowed him to take part in the planning, preparation of the alleged conspiracy, as he was, at the most, a lowly employee performing menial tasks,” the motion read.

    “He [de Asis]simply followed the orders of the whistleblowers turned state witnesses, if only to earn a living to feed his family,” it said.

    No special court
    Meanwhile, senators Juan Ponce Enrile, Jose “Jinggoy” Estrada and Revilla asked the Supreme Court (SC) to deny the Ombudsman’s appeal that special courts be created to handle their cases.

    Enrile, in his comment, said the Sandiganbayan must maintain its independence and must not fall into the hands of a few selecte justices.

    He said the existing raffle system in assigning cases would suffice.

    “Considering the highly charged and biased environment prevailing in regard of these cases, and that the request is made by the Ombudsman, the impression that may be created is that the Supreme Court has now joined the clamor for the condemnation and punishment of those involved in the so called PDAF cases, including the accused in the case,” Enrile added.

    The SC has deferred its ruling on the plea of the Ombudsman.

    The Sandiganbayan has also said there is no need to create a special division to try the senators and their co-accused.


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    1. This is how low our lawyers are prepared to go just to get a piece of the cake. Are our courts going to bite such nonsense? OMG, this is going to be funny? These crooks are just waiting for lapses of our courts to escape conviction. They know and we know they are as guilty as Adam and eve who ate the forbidden fruit.

    2. They should ammend the law so that before being questioned their rights should be something like this,
      “You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence.”

      If questioning is forthcoming, “when questioned” may be substituted with “now”. In cases in which the suspect has clearly nothing to gain by failing to remain silent:
      Its very simple but very effective so that when they say nothing they cant later after reading all the statements & evidences against them then work out what they will say. But the philippines wont ever want to bring anything like that in as they are all corrupt & if caught want the best possible chance of getting off with it.
      Its a joke how easy it is in this country to say such utter baloney in your defence & its accepted.

    3. If at all believable, how Napoles would say that she advances the money to Bong et.al. senators, then she must be filthy rich in collecting back all those advances to these senators, and so proved it then in the Sandigan Bayan, when, how and where did she got all these billions of cash money, knowing that she is also as poor as the rats from her own province?

      Better incancerate Napoles, the three senators and cohorts behind bars for life, and let them feel the hunger, heat and loneliness inside! Our country should have been a better country if not for the works of Napoles’ & company’s corruption!

    4. If at all believable, how Napoles would say that she advances the money to Bong et.al. senators, then she must be filthy rich in collecting back all those advances to these senators, and so proved it then in the Sandigan Bayan, when, how and where did she got all these billions of cash money, knowing that she is also as poor as the rats from her own province? Ikulong ng habang buhay ang hunghang na yan or if anyone who would want to become a martyr, pasabugin na mga yan right from the start!

    5. I do not have much knowledge about legal matters, but I am not that ignorant. Is it ethical or morally acceptable for a public servant, as Sen. Revilla is to receive money for any dubious reason? There was foreknowledge of what this money was meant for. That is plain and simpe.

    6. Daniel B. Laurente on

      The assertion that the money came from her own pockets that could be true. But the presumptions of many observer that the lady has no money based on media reports from the very start. But if the law declares different view and clearly state the reason then it should be respected. Judgement should be clear not on presumption.

    7. That’s why judgment must not just base on documents. It must have common sense and logic. Because it is very simple…wala namang sariling milyones si Napoles. Paano magiging personal money yun. Sana magkaroon ng batas na pag napatunayang nagkasala ang akusado ay isasama sa kulungan ang abugadong pilit na nagliliko ng batas.

    8. Let one amateur like me ask Mrs/Maam Jen Napoles. Maam, where did the money out of your pocket come from? From heaven? Sus, this is all academic and deserves to be ignored. For sure all of the public knows that Napoles was never a rich woman, not a very educated woman, sorry to say, coming from Basilan. She lived only because of her illegal government transactions and became filthy rich because of that. Do folks believe that even one centavo of what he claimed he lent to Pogi Bong clean money? Sus, we are not born today.

    9. Napoles can’t pull anything from that “pocket” if she didn’t greedily amassed our money. What the hell is their motion about, obviously just trying to delay the case. If us, ordinary people, can literally, simply find answer to this nonsense excuse hope our the judges would get it too.

    10. Claro Apolinar on

      If her argument is accepted, because she can show it to be true, then even the plundr charges against Revilla must be dismissed. Because he did not receive money owned by the government. It becomes a purely moral or ethical issue.

      • Wrong, at least in my opinion. Money that comes from evil way is still evil no matter what the charges will be. How could they feed their family out of this source?

    11. Troy Zarate De Leon on

      The plunder complaint is to be amended given the Napoles arguments. This might be the reason why malakas loob nina enrile et al, because the ombudsman was all bluster and spent little actual time reviewing the case… Slam dunk pala ha

    12. Antonio Javier Belzunce on

      Mrs Napoles and her Lawyer

      Where do you think Janets funds came from? It came from funds she stole from the government. It is about time that the court start threatening these lawyers of contempt for presenting motions with no relevance other than to confuse the case or delaying tactics. The court have to start being firm with all this motion being presented. It might be acceptable to lawyers but not to the public that the court is meant to represent.

    13. Napoles took the 5th amendment during the Senate investigation and even seeking immunity as a state witness, And now she is talking divulging many information by saying she used her personal money and gave it to Bong Revillaas a kickback. If this administration along with his cohorts in Congress is truly for “Daang Matuwid” they should conduct an inquiry on Napoles just exactly what they did with CJ Renato Corona’s ,all physicians MD (because of the Corona’s son-in-law) , Pacquiao, Zoren Legaspi , and it is the job of Kim Henares of BIR who has been selective and shld look into many businesses she has and investigate if Napoles ever paid income taxes from all the business income she claimed she gave as a kickback to Bong Revilla, it shows that she is making all kinds of palusot to save herself and her family from any prosecution if she did not declare and paid income taxes she should be incarcerated for income tax evasion.

    14. this is the grandest of all lies. it defies all logic. and now she is complaining of virtual bankruptcy unable to pay her lawyers. give me a break. does she really expect the 100 million people of the philippines to believe her? i bet she would not even believe that if she told herself.

    15. Manny F. Reyes on

      Money is fungible. Only way to identify money is by marking it. Proving that it came from your personal money is next to impossible.