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Ombudsman prosecutors have filed a Motion for Reconsideration seeking the reversal of the Sandiganbayan’s decision granting bail to former APEC party list Representative Edgar Valdez and co-accused Janet Lim Napoles.  The Office of the Special Prosecutor (OSP) stands firm that Valdez and Napoles should be sent back to their detention cell and that prosecutors have presented strong evidence to support the bail denial.

In their motion, the OSP argued that Valdez’s “participation was not limited to project identification but extended to the implementation stage.”  Prosecutors pointed out that the NGO’s “selection process through competitive public bidding was ignored” and is a “clear deviation from the regular process to unduly influence and exert pressure on the implementing agencies (IAs) to omit the established legal parameters.” Prosecution’s evidence shows that from 2004 to 2010, Valdez signed indorsement letters and submitted the list of priority projects and allocated budget, identified IAs and NGOs, triggering the release of his PDAF.

The OSP also emphasized that based on the evidence presented, “the amount amassed by accused Valdez reached the threshold of P50million for the crime of Plunder.”

Prosecutors argued that “the exclusion of several classes of payments to accused Valdez is erroneous” as “the Anti-Money Laundering Council (AMLC) Report confirms the payment of kickbacks and commissions to Valdez made through cash or bank transfer.”     Citing the AMLC Report, the motion stated that “Valdez received from JLN or NGOs/foundations used by JLN as conduit to implement the supposed PDAF projects, a total amount of P50,290,810.00.”  ###