A SUPPLEMENTAL motion for reconsideration was filed yesterday by the camp of alleged pork barrel master-mind Janet Lim Napoles before the Sandiganbayan.
Citing three legal grounds, Atty. Rony Garay said that the August 28, 2019 Resolution of the Sandiganbayan in the plunder case filed against Philippine Electric Cooperatives Party-list Rep. Edgar Valdez and Napoles in connection with Priority Development Assistance Fund (PDAF) or pork barrel scam is wrong.
Garay said that the Sandiganbayan did not acquire jurisdiction over the persons of the Non Governmental Organizations (NGOs) linked to Napoles by whistle-blower Benhur Luy, hence, the anti-graft court cannot pierce the veil of their corporate fiction to determine their real owners and there is also no established liability of the NGOs declared by a court of competent jurisdiction.
Garay said that this is clear from a plethora of jurisprudence decided by the Supreme Court citing the case of Rodel N. Zaragoza vs. Katherine L. Tan where the SC ruled that “compliance with the recognized modes of acquisition of jurisdiction cannot be dispensed with even in piercing the veil of corporate fiction.
“The principle of piercing the veil of corporate fiction is basically applied only to determine established liability. Elsewise put, a corporation not impleaded in a suit cannot be subject to the court’s process of piercing the veil of its corporate fiction,” the motion read.