Napoles kids ask for bail discount

MANILA, Philippines — The children of businesswoman Janet Lim-Napoles, the alleged mastermind of the multibillion-peso pork barrel fund scam, want a hefty discount on their bail bond for their 194 criminal cases in connection with the P900 million Malampaya fund scam.

 

In their eight-page urgent motion dated December 12, Napoles' children Jo Christine and James Christopher, as well as her brother Ronald Francisco Lim, have asked Sandiganbayan Third Division to reduce by more than 3,000 percent the amount of bail bond earlier recommended by the Office of the Ombudsman in exchange for their provisional liberty.

 

Napoles, Jo Christine, James Christopher and Ronald Francisco are each facing 97 counts of graft and 97 counts of malversation of public funds through falsification of public documents in connection with the alleged misuse of P900-million worth of government income from the Malampaya natural gas project intended for farmers affected by Typhoons Ondoy and Pepeng which hit the country late 2009.

 

The ombudsman said they conspired with former budget secretary and incumbent Camarines Sur Rep. Rolando Andaya Jr., former agrarian reform secretary and incumbent Masiu, Lanao del Sur Mayor Nasser Pangandaman Jr. and five other former government officials in allegedly funneling the P900-million fund to bogus non-goverment organizations.

 

READ: Arroyo cleared in Malampaya mess; Napoles, 24 others face raps

 

The ombudsman had earlier recommended to the Sandiganbayan to set the bail at P30,000 for each count of graft and P200,000 for each count of malversation through falsification or a total of P22.31 million for each of the accused.

 

Citing a provision from the Revised Penal Code, Jo Christine, James Christopher and Ronald Francisco asked the Third Division to reduce their bail to P690,000 each.

 

Napoles is currently detained for plunder cases in connection with the equally controversial pork barrel scam.

 

In their motion, Napoles' children and brother said the ombudsman's recommended bail bond is not only excessive but also punitive.

 

“The ammount recommended is not only overwhelming but disheartening as well. It has practically stripped any person presumed innocent of the constitutional right of temporary liberty,” the three accused's joint motion read.

 

READ: Spare my children – Janet

 

The three said requiring them to pay an excessive amount of bail beyond their financial ability negates the true purpose of bail – which is just to ensure an accused's presence whenever the court requires.

 

“The recommended amount of bail for all of the accused have no other effect but to confiscate and practically bring [them] to their knees even though bail itself is not intended as a punishment. The posting of bail is intended to assure or guarantee presence of the accused during hearing,” the motion read.

 

The three also prayed to the Third Division “to hold in abeyance” the issuance of any warrant of arrest pending the resolution of their motion.

 

READ: Tax appeals court junks tax evasion case vs Jeane Napoles

 

Meanwhile, in an opposition paper dated December 15, the ombudsman's prosecution panel said the court must not give in to the respondents' request.

 

The prosecution said that while the Napoles children and their uncle said that the amount of recommeded bail is beyond their financial capacity, there was no supporting document or affidavit to support such claim.

 

“In the absence of these supporting documents and considering the gravity and magniture of the offenses charged, the reduction of bail cannot be sustained,” prosecution said.