Sandiganbayan 3rd division makes it 3-0 for Napoles’ bid for DOJ custody

The Sandiganbayan has junked all three of Janet Lim Napoles' appeals to be transferred to be placed under the witness protection program of the Department of Justice.

The Third Division on May 3 became the last division of the anti-graft court to deny the urgent motion for transfer of Napoles after the First and Fifth Division, respectively.

In its resolution dated May 3, the Sandiganbayan said the same law cited by Napoles negated her entitlement to become a state witness.

Napoles had claimed that she has been provisionally admitted in the WPP, which entitles her to be transferred to a secure housing facility as mandated under Republic Act No. 6981, or the Witness Protection, Security, and Benefit Program.

The Sandiganbayan, however, said the Implementing Rules and Regulations of RA 6981 makes Napoles' arguments "bereft of merit" since Section 1 of the IRR states that no person under detention can be placed under the WPP.

"Accused Napoles is under detention for a lawful cause. She is charged with plunder which is a non-bailable offense," the resolution penned by Presiding Justice Amparo Cabotaje-Tang read.

"After it found probable cause, the Court issued a warrant of arrest and a commitment order placing accused Napoles under the custody of the (Bureau of Jail Management and Penology) in Camp Bagong Diwa, Bicutan, Taguig City," it added.

The Sandiganbayan said it also considered the manifestation filed by DOJ Secretary Menardo Guevarra in ruling against the motion of Napoles and the comment of the prosecution, which stated it has no intention to summon Napoles to the witness stand.

Guevarra has told the anti-graft court that Napoles had yet to fully comply with the requirements of the DOJ.

He added the provisional admission of Napoles did not give her "actionable right" to demand the privileges given to state witnesses.

The Sandiganbayan further said Napoles will remain in its jurisdiction until she is acquitted on all her cases, including five counts of plunder, across six out of its seven divisions.

It added that the alleged threats against Napoles in Camp Bagong Diwa is not enough to merit her transfer to another detention center since the BJMP had vowed to ensure her security if the motion to transfer is denied. —NB, GMA News