Solon tagged in pork scam files perjury vs. Napoles

MANILA, Philippines - Manila 5th District Rep. Amado Bagatsing on Tuesday filed a perjury complaint against businesswoman Janet Lim-Napoles for implicating him in the pork barrel scam.

In his two-page complaint-affidavit filed before the Makati City Prosecutors Office and sworn before 4th Assistant City Prosecutor Benjamin Vermug, Jr., Bagatsing said his name was mentioned by Napoles in her 32-page sworn statement which was submitted to the Senate as among the solons involved the pork barrel scam.

Bagatsing said his name was mentioned in page 22 of Napoles’ “sinumpaang salaysay” or sworn statement. Bagatsing added that Napoles named a certain Mina Nieva, said to be a daughter of the late former Manila Rep. Ernesto Nieva as his alleged agent who allegedly received for him the 40-percent rebate of a project of the Technology Resource Center (TRC) funded from his Priority Development Asistance Fund (PDAF) worth P1 million in 2007.

Bagatsing in his complaint-affidavit said he could not have implemented a project involving the use of PDAF in 2007 as he assumed his position as Manila representative in June 30, 2007 and the first PDAF allocated to his district was released by the Department of Budget and Management through the Landbank only in Jan. 2, 2008.

“I can prove beyond any shadow of doubt that I am innocent. I have concrete evidence to show that I did not misuse any allocation of the PDAF,” said Bagatsing.

Bagatsing added that all the documents linking him to the endorsement of a project by the TRC as the implementing agency of Napoles’ Masaganang Ani Foundation, are all fakes with his forged signatures on falsified letterheads.

Bagatsing also denied having known Nieva. He said Nieva has already executed a sworn statement denying any involvement with him or Napoles on the pork barrel scam.

Bagatsing stressed that he did not receive or authorized any person to receive in his behalf a rebate or commission from transactions involving Napoles in her PDAF dealings with the TRC.

“Taken together in its entirety, the Simumpaang Salaysay executed by defendant (Napoles) contained the basic elements of perjury under Article 183 of the Revised Penal Code,” said Bagatsing. 

Under Article 183 of the Revised Penal Code, the crime of perjury is committed when the accused made a statement under oath or executed an affidavit upon a material matter; that the statement or affidavit was made before a competent officer authorized to receive and administer oath; that in the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and that the sworn statement affidavit containing the falsity is required by law or made for a legal purpose.

“The foregoing elements considered, the respondent Janet L. Napoles is guilty of perjury,” said Bagatsing in his complaint affidavit.

He added that he will also be filing a civil case shortly against Napoles for linking him to the pork barrel scam.