MANILA, Philippines - One of the co- accused in the graft case against Senator Juan Ponce Enrile has asked the Sandiganbayan to dismiss the charge for lack of hard evidence.
In her motion to dismiss, Myla Ogerio, one of the alleged incorporators of a non-government organization of businesswoman Janet Napoles, told the Sandiganbayan's 3rd Division that there was no proof that she was an employee of the JLN Corp.
"The only basis for indicting Ogerio was that she was named as one of the incorporators of one of the NGOs which is owned and controlled by Janet Napoles," her motion read .
Ogerio also maintained that she never received any form of consideration, benefit or money from being named as one of the incorporators of the NGO.
"The mere fact that the name of Ogerio was mentioned as an incorporator simply cannot serve as basis for indicting her given the statements of the whistleblowers that these names were just included without the knowledge and participation of these individuals," the motion said.
Ogerio's lawyers cited the sworn statement of whistleblowers who said that she has no participation in the scam involving the priority development assistance fund of legislators.
The lawyers also said that Ogerio is willing to cooperate with the prosecution of those who were really involved in the money-making racket, allegedly masterminded by Napoles.
Besides the motion to dismiss, Ogerio's lawyers also asked the tribunal for a reinvestigation of the case and that the warrant of arrest issued against her be recalled.