New DOJ chief: Napoles has no right to be placed under witness protection custody

Newly-appointed Justice Secretary Menardo Guevarra has told the Sandiganbayan that alleged pork barrel mastermind Janet Napoles has no "actionable right" to witness protection custody.

In a manifestation received by the Sandiganbayan Third Division on Tuesday, Guevarra said the full admission of Napoles as a state witness is still pending at the DOJ since she has yet to comply with the requirements set by the agency.

"The Department hereby manifests that accused Napoles was previously granted a provisional coverage under the Witness Protection, Security and Benefit Program. The same, however, does not confer upon her an actionable right to demand detention or custody under the aforesaid program," Guevarra said.

"Firstly, her application is still pending, and the provisional coverage merely signifies that she has yet to complete all the requirements and/or that her application is still under evaluation," he added.

Resigned Justice chief Vitaliano Aguirre II used the same tone in his manifestation filed at the Fifth Division on April 6. He earlier said Napoles can be used as a state witness on new PDAF scam cases, but the prosecution bared their inhibition to utilize her.

The manifestations came as Napoles filed an urgent motion for the Sandiganbayan to grant her transfer to the Department of Justice's Witness Protection Program (WPP) following her provisional admission as a state witness.

Napoles cited alleged harassment against her when several unidentified men ransacked her detention cell at Camp Bagong Diwa in Taguig City.

It was later revealed that these men belonged to the Bureau of Jail Management and Penology's greyhound team  conducting a legitimate operation.

Gueverra also cited in his manifestation Section 1 of Article IX of the Implementing Rules and Regulations (IRR) of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act.

He said that based on the provision of the law, Napoles cannot be admitted to the WPP due to her detention over her alleged role in the multibillion peso scheme.

"It appears herein that accused Napoles is under detention pursuant to a process issued by this honorable court. This factual circumstance shall be taken into account by the Department in the final resolution of accused Napoles' application for coverage under the subject program," the new Justice chief said.

Guevarra had said that one of his top priorities once he assumed office would be to review Napoles' case. The other case is the case of confessed drug dealer Kerwin Espinosa.

Motions denied

Of the three Sandiganbayan divisions where Napoles is accused of plunder, only the Third Division has yet to issue a resolution on her appeal.

The First Division junked her motion on April 5, saying Napoles' detention "is for a lawful cause" after it already found strong evidence against her to hold her for trial.

It also said that placing Napoles under the WPP "is contrary to the clear and express import" of the law which merits the denial of the motion.

In a resolution promulgated on Monday, the Fifth Division denied the same motion saying Napoles' provisional admission is already questionable under the implementing rules and regulation of the WPP law.

"Accused Napoles is under detention for a lawful cause as she has been denied bail in the plunder case. The DOJ WPP cannot, therefore, take her under protective custody," the resolution penned by division chairperson Associate Justice Rafel Lagos read.

It said the best solution to prevent future alleged harassment against Napoles is for the jail managemenet bureau "to take necessary measures to ensure her safety." —ALG, GMA News