SolGen Calida: Justice prevailed in CA ruling acquitting Napoles

Solicitor General Jose Calida on Monday commended the Court of Appeals (CA) for upholding his position that alleged pork barrel scam mastermind Janet Napoles should be acquitted in the serious illegal case lodged by her former aide and cousin Benhur Luy.

“I commend the magistrates of the 12th Division of the Court of Appeals for doing what is right based on the evidence before them,” Calida said.

Justice Secretary Vitaliano Aguirre II, for his part, said they respect the CA decision.

"Kung talagang walang ebidensya or the evidence points out that she be acquitted then so be it. We respect the court's decision on the matter," he told reporters.

He said Napoles may also be used as witness in the Department of Justice's investigation on the pork barrel scam.

"The credibility of a certain witness depende 'yan sa sasabihin niya. Kung talagang ang testimony niya coupled with documents there's no reason why she shouldn't be credible," Aguirre said.

Calida reiterated that Napoles' acquittal in the serious illegal detention case is "totally different and independent from other" cases pending against her in relation to the pork barrel scam, or the alleged misuse of the Priority Development Assistance Fund (PDAF) of several lawmakers.

In January, the Office of the Solicitor General (OSG) filed a manifestation with the CA stating that the evidence presented by the prosecution did not support the conviction beyond reasonable doubt of Napoles for serious illegal detention.

According to Calida, the conduct and behavior of Luy during the period of his alleged detention from December 20, 2012 to March 22, 2013 was inconsistent with his claim that he was detained or deprived of his liberty.

The top government lawyer added the OSG has also previously recommended the acquittal of the accused in appealed criminal cases whenever the evidence falls short of the proof beyond reasonable doubt required in criminal cases.

“Some sectors make a big deal out of this case because it involves Janet Lim Napoles. However, as the principal lawyer of the Republic, this is just a simple criminal case wherein the evidence does not support the conviction of the accused,” Calida said. —KBK, GMA News