SC nods Ombudsman’s probable cause finding vs Napoles

MANILA, Philippines — The Supreme Court (SC) affirmed the Ombudsman's finding of probable cause against convicted plunderer Janet Lim-Napoles and others in connection with former Davao del Sur Rep. Douglas Cagas' 2007 Priority Development Assistance Fund (PDAF) worth P16 million. 

In a decision dated December 7, the high court said it had denied the petition filed by Napoles and officers of the Department of Budget and Management (DBM) which challenged the Ombudsman’s finding of probable cause for Anti-Graft and Corrupt Practices Act and Article 212, 217 of the Revised Penal Code (RPC).

“The Ombudsman did not err in finding probable cause for malversation and corruption of public officers under Article 217 and 212 of the Revised Penal Code, respectively,” the SC said.  

“The Court found ‘no grave abuse of discretion that will allow us to interfere with the Ombudsman’s finding of probable cause,’” it added.

SC also emphasized that the Ombudsman has broad authority in investigating and prosecuting cases within its jurisdiction.

“In determining whether the Ombudsman gravely abused its discretion in finding probable cause against Napoles, et al., the Court emphasized the nature of the Office of the Ombudsman as an independent constitutional body, with wide latitude in its investigation and prosecution of cases falling within its jurisdiction,” SC said.

The funds were redirected through alleged non-government organizations (NGOs), namely the Countrywide Agri and Rural Economic and Development Foundation, Inc., and the Philippine Social Development Foundation, Inc.

These diverted funds, intended for ghost projects, were transferred from the DBM to the Technology Resource Center.

In Special Audit Report No. 2012-03 by the Commission on Audit (COA) regarding lawmakers' PDAF allocations from 2007 to 2009, which covered Cagas' livelihood projects in 2007, the COA validated the assertions of whistleblowers about the presence of a pork barrel scam. 

This scam involved implementing agencies, including the Technology Resource Center, falsely claiming to implement the PDAF projects.

This led the National Bureau of Investigation (NBI) to submit a complaint to the Ombudsman on