Janet Napoles insists on Supreme Court bail grant

MANILA, Philippines — Incarcerated businesswoman Janet Lim-Napoles, the alleged mastermind of the multibillion-peso pork barrel scam, maintained that she should be granted bail over plunder charges.

In her 20-page supplemental petition to the Supreme Court, Napoles through her lawyers said the "weak" evidence and defective information of the Office of the Ombudsman justifies a bail grant.

In asking the SC, Napoles argued that the the Sandiganbayan First Division erred in its December 2014 ruling denying her petition for bail.

Napoles is facing plunder before the First Division as co-accused former Senator Ramon "Bong" Revilla Jr.

Napoles cited the high court's July 2016 decision on the plunder case of former president and incumbent Pampanga Rep. Gloria Macapagal-Arroyo in connection with the alleged misuse of the P366-million intelligence fund of the Philippine Charity Sweepstakes Office.

In its July 2016 ruling, the SC reversed the Sandiganbayan First Division's decision and granted Arroyo's demurrer to evidence which prayed for dismissal of the case on the ground of the prosecution's failure to identify the main plunderer.

Learning from Gloria Arroyo

Napoles said that just like in the Arroyo case, the ombudsman's prosecution team failed to identify who among her, Revilla and his aide Richard Cambe is the "main plunderer."

Napoles maintained that under Republic Act 7080, a private individual cannot be charged with plunder unless there is an allegation that he or she conspired with a public official who must be the main plunderer in the case.

"The evidence so far adduced by the Respondent Office of the Ombudsman failed to show accused officers Revilla and Cambe as the main plunderer...Otherwise stated, it must be shown that the public officer was principally and ultimately benefitted or enriched, not a private person, like petitioner Napoles," her petition read.

Napoles also cited the resolution of the Sandiganbayan Fifth Division, which granted bail to former senator Jinggoy Estrada who is also facing plunder in connection with the pork barrel scam. In its Sept. 15, 2017 resolution, the anti-graft court's Fifth Division said the prosecution's failure to present evidence showing that Estrada is the "main plunderer" in the case.

This ruling was grounded on the SC's decision on the Arroyo case.

Poking holes in Benhur Luy's credibility

Napoles similarly insisted that Benhur Luy, the primary state witnesses in the pork barrel scam, "has the natural propensity to make untruthful statements" as proven by the Court of Appeal's recent dismissal of the illegal detention case, which the former filed against her.

She also blamed Luy for allegedly having "concocted the whole PDAF Scheme."

Napoles pointed out that the First Division had earlier stated that her name never appeared in any documents presented by the prosecution as evidence in her plunder case.

"Clearly, the only link connecting the Petitioner to the whole PDAF controversy and this case is the testimony of Benhur Luy, which was declared not credible by the Court of Appeals in the illegal detention case," Napoles said.

Napoles' camp has repeatedly argued that Luy and the other whistleblowers were the ones who benefited from the scam as they are the officials of the non-government organizations taxpayers' money was directed to.