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Kapunan withdraws as Napoles counsel in detention case – De Lima


(Updated 4:36 p.m.) Janet Lim-Napoles just lost her feistiest defender.

Lawyer Lorna Kapunan has reportedly resigned as lead counsel of the alleged pork barrel scam mastermind in the latter's serious illegal detention case, Justice Secretary Leila de Lima said Wednesday.

"Yes, but I don't know why," De Lima said in a text message to reporters when asked about the reported resignation a few minutes after Kapunan left the bail hearing of Napoles at the Makati Regional Trial Court Branch 150, which is handling the case.

"I don't know the reason/s. It's a matter between her and her client," De Lima added. 

Kapunan's decision to withdraw as Napoles' legal counsel was mutually agreed upon, reported GMA's Balita Pilipinas on Wednesday. 
 
Kapunan said they separated for the good of the case, and her decision to leave did not mean that she found her client guilty. Napoles is set to sign Kapunan's withdrawal papers Wednesday afternoon.

Napoles is facing two plunder charges at the Ombudsman for supposedly funneling billions in government funds to ghost projects. She was arrested for allegedly detaining her former employee Benhur Luy, who eventually became a whistle-blower and exposed her alleged anomalous deals with government officials.

Kapunan had accompanied Napoles when the latter surrendered voluntarily to President Aquino, and has been vigorously defending her client in various media appearances.

Tight-lipped
 
During the bail hearing on Wednesday, Kapunan handed Judge Elmo Alameda a piece of paper then left the courtroom. The contents of the document were not released to the media, and Kapunan's mobile phone was switched off when GMA News Online tried to contact her.

Her colleague, defense lawyer Alfredo Villamor, was also tight-lipped about the issue.

Prosecution lawyer Christopher Garvida refused to confirm Kapunan's supposed withdrawal. "We were told not to say anything. We might be cited in contempt," he told GMA News Online.

Lawyer Diosfa Valencia, Branch 150 clerk of court, meanwhile said they have yet to receive a formal motion from Kapunan to withdraw as counsel for Napoles. 
 
"There should be a written motion with conformity ng client nila. Dapat mag-file sila dito at makikita namin na may signature and conformity si Napoles," she told reporters.
 
Valencia said that based on court records, Kapunan remains to be the counsel of Napoles. She added that the note handed by Kapunan to Judge Alameda cannot be considered a formal motion, as a note is not considered part of court records.
 
She said the court needs to issue an order granting Kapunan's motion before the withdrawal takes effect.
 
Once the motion is granted by the court, Napoles can hire a replacement or simply stick with Villamor, her other lawyer in the detention case.

Reaction from prosecution team
 
Lawyer Levito Baligod, counsel for the whistle-blowers, told GMA News Online he has yet to confirm whether Kapunan has indeed withdrawn from the case.
 
"There was no formal withdrawal yet so on record she's still the counsel," Baligod said.
 
"I don't know the reason why she is withdrawing as counsel, if that is true. Baka may internal dynamics between her and her collaborating counsels," he added.
 
However, he said that in case the withdrawal is true, it would "not affect any procedure or any substantial issue" surrounding the trial.
 
"Wala naman akong comment kung magaling si Kapunan or hindi. Basta kung maghahanap si Napoles ng bagong abogado, we are hoping she will be choosing iyong pangangalagaan ang karapatan niya," Baligod said. — Mark Merueñas, Amita Legaspi and Rie Takumi/KG/KBK/YA/HS, GMA News