Ombudsman blocks Napoles bid for jail transfer

MANILA, Philippines — Prosecutors from the Office of the Ombudsman are contesting the bid of alleged pork barrel scam mastermind Janet Lim-Napoles to be transferred from the Bureau of Jail Management and Penology (BJMP) detention facility to a safe house of the Department of Justice (DOJ), saying her request reflects her “misplaced and twisted sense of entitlement.”

Napoles, through her lawyers, recently filed a motion before the Sandiganbayan First, Third and Fifth Divisions seeking her transfer from BJMP custody to the DOJ under its witness protection program (WPP).

The motion came after Justice Secretary Vitaliano Aguirre II confirmed to the media that Napoles was provisionally admitted to the WPP so she could shed light on the multibillion-peso pork barrel fund scam.

“It is a lamentable truth that too many individuals are possessed by a misplaced and twisted sense of entitlement, prompting them to make requests and demands for treatment uniquely suited for their self-indulgent needs and perceived stature,” the prosecutors said in their opposition paper, filed with the three divisions of the Sandiganbayan.

“Accused Janet Lim-Napoles is of such ilk. Perched on her self-perceived pedestal, and believing that she is head and shoulder above the rest of the nameless and faceless detention prisoners, she now implores the honorable court, via the instant motion, to treat her differently,” they added.

Aguirre said the affidavit of Napoles, dubbed as the “queen” of the pork scam, is still undergoing assessment by his office, thus she could be under provisional WPP coverage.

Napoles is detained at the BJMP Female Dormitory at Camp Bagong Diwa in Taguig for plunder cases as co-accused of former senators Ramon Revilla Jr., Juan Ponce Enrile and Jinggoy Estrada in connection with the alleged misuse of millions of pesos worth of their Priority Development Assistance Fund (PDAF) or pork barrel.

In its opposition paper, the prosecution said Napoles’ motion is “misplaced, if not outright preposterous,” as she has yet to qualify for regular admission to the WPP.

“It must be stressed that the privileges provided under the WPP, including the privilege to have a secure housing facility, are accorded only to witnesses whose acceptance to the WPP is considered regular,” the prosecution said.

The prosecution also stressed that Napoles is among the accused in the pork scam cases pending with the Sandiganbayan, thus the court has sole legal jurisdiction over her despite her possible admission to the WPP.

“Lest it be misunderstood, the prosecution wants to clarify that accused Napoles is not a state witness in this case, inasmuch as she hardly qualifies as such,” the prosecution said.

“The prosecution never entertained and does not entertain the idea of utilizing her as its witness. Hence, the probability of her being discharged as a state witness under Section 17, Rule 119, the Revised Rules on Criminal Procedure in this case is nil,” it added.

The prosecution said Napoles’ motion for transfer of custody must also be denied as the court had earlier ruled that there is strong evidence against her to warrant her continued detention.

“Now, it should be stressed that the honorable court already denied accused Napoles’ application for bail... Indeed, to remove her from the confines of her detention and to transfer the custody over her to the WPP would virtually accord her the liberties of a free man,” the prosecution said.

In a manifestation filed last week, Napoles, through her lawyer Stephen David, claimed that she was experiencing threats and harassment in her current place of detention.

Napoles submitted to the court an incident report signed by a BJMP jail warden, detailing the supposed ransacking of her personal belongings by a greyhound team in October last year.

“Anent the supposed threats and intimidation against her, it is suffice to state that no one can really fully guarantee the safety of another, whether inside or outside a jail... But such fear of possible physical harm, unfounded at that, is not a valid and compelling reason to transfer accused Napoles to the custody of the WPP,” the prosecution said.