Napoles’ acquittal in Kevlar helmets case haunts Ong

Sandiganbayan Associate Justice Gregory Ong was recently dismissed over his links with the alleged pork barrel scam mastermind Janet Lim-Napoles.

The administrative case started earlier this year after the whistleblowers in the scam case revealed that he was one of Napoles' contacts in the government.

The matter was then further investigated by retired Supreme Court Associate Justice Angelina Sandoval-Gutierrez, who was recently appointed by President Benigno Aquino III as member of the Judicial and Bar Council.

 

Everything began with 500 Kevlar helmets. 

 

Ong was the chairman of the Sandiganbayan's Fourth Division, which acquitted Janet Lim-Napoles in 2010 of the charge of conspiring with public officials in malversation of public funds through falsification of public documents and violation of Section 3 (e) of the RA 3019 or the Anti-Graft Law.

 

Janet's husband Marine Major Jaime Napoles, who is now retired, was also implicated in both cases, along with other military officials.

However, in an order of the Ombudsman issued in March 18, 2002, it was noted that there were lack of probable cause to charge him as regards of his failure to conduct an investigation on the existence of the suppliers. He was then the MC2 Intelligence Officer. 

 

Other public officials accused were retired Lieutenant General Edgardo Espinosa, Colonel Natalio Torreno, Colonel Inocencio Artajos, Colonel Arnold Blanco, Colonel Sergio Eria, Major Luciardo Obena, Major Godofredo Tabila, Major Edmund Yurong, Iluminada Flores, and Cdr. Eduardo Loyola. 

 

The other civilians who allegedly served as conspirators were Evelyn de Leon, Anna Marie Dulguime, Reynaldo Francisco, Magdalena Francisco, Mia Legacion, and Prescilla Somosot. 

 

The two cases stemmed from reports on the non-delivery of 500 Kevlar helmets to the Philippine Marine Corps (PMC) in 1998. This prompted an audit and investigation the following year. 

 

Prosecution's evidence, defense of the accused 

 

The prosecution claimed that the accused public officials conspired with civilian suppliers to release 14 checks, amounting to P3,864,044.99 to purchase 500 pieces of US-made Kevlar helmets.

However, they allegedly falsified vouchers and documents, and certified the delivery of the helmets in December 28, 1998 even when no US-made helmet was delivered that year.

 

There were 299 helmets delivered in October 29, 1999 and 201 helmets delivered in December 2000. But the helmets were Taiwan-made, not US-made as promised. 

 

According to the accused, they did deliver Kevlar helmets on December 28, 1998 but they were withdrawn and replaced after the test results said that the helmets were of inferior quality. Hence, the helmets that arrived in October 1999 and December 2000 were the replacements.

They also said that the Taiwan-made replacement helmets were still US Kevlar helmets in terms of style and design. 

 

Suppliers were Napoles' dummies?

 

The prosecution said that some of the winning bidders or suppliers were companies allegedly owned by Janet Napoles, as stated by the 15 witnesses.  

 

The bidders were the following: 

 

Atria Trading 

Emboy Trading

Anrey Trading

Rejoemex Trading

Presel Trading

Winlim Trading

Vinnie Trading

 

Of the seven bidders, five were allegedly owned by Janet Napoles. Atria Trading and Presel Trading were the only legitimate suppliers while the others were fictitious or non-existent. Only Presel Trading was an accredited supplier of the PMC. 

 

Napoles' Kevlar case acquittal 

 

On October 28, 2010, the Sandiganbayan's Fourth Division acquitted Janet Napoles and six others of the charges for "failure of the prosecution to prove their guilt beyond reasonable doubt."

The other 10 accused were found guilty beyond reasonable doubt of falsification of public documents. All accused were acquitted of violation of Section 3 (e) of the RA 3019 or the Anti-Graft Law. 

 

However, Gutierrez found out that Ong had acted as the contact of Napoles in connection with the Kevlar case while it was pending in his division. "Ong, being Napoles' contact in the Sandiganbayan, fixed the Kevlar case resulting in her acquittal," she said.

 

Gutierrez added that Ong had received an "undetermined amount of money" from Napoles prior to the promulgation of the decision on the Kevlar case. This made Napoles confident of her acquittal, she explained.

 

Ong also allegedly went to Napoles' office where she handed him 11 checks, each amounting to P282,000.00 or a total of P3,102,000.00 "as advanced interest for his P25.5 million BDO check she deposited in her personal account."

 

Gutierrez said Ong also visited Napoles' office twice after the decision in the Kevlar case was announced.

 

Napoles started getting funds from the AFP

 

Merlina Suñas, one of the pork barrel scam whistleblowers who used to be Napoles' project coordinator, said in a Senate inquiry in 2013 that Napoles got "funds" from the Armed Forces of the Philippines before she got involved with the pork barrel scam. 

 

She said that she first met Napoles in 1997 when she was still a civilian employee at the Philippine Navy. 

 

Suñas said that Napoles had "smooth" transactions" with the military until the businesswoman was implicated in a case involving the alleged misuse of funds meant for the Kevlar helmets . —NB, GMA News