Palace exec advised Napoles on jail transfer

Lawyer, Medialdea meet

MANILA, Philippines — The lead counsel of alleged pork barrel scam mastermind Janet Lim-Napoles has disclosed that their camp’s filing of a motion seeking her release from the Bureau of Jail Management and Penology (BJMP) not only had the blessing of Malacañang, but was done upon the suggestion of one of its top officials.

In a hearing before the Sandiganbayan Third Division yesterday afternoon, Napoles’ lawyer Stephen David told the court that he recently had a meeting at Malacañang with Executive Secretary Salvador Medialdea and Justice Secretary Vitaliano Aguirre II regarding the move to seek Napoles’ transfer of custody from the BJMP jail at Camp Bagong Diwa in Taguig to the Department of Justice (DOJ).

“There was a discussion with the executive secretary that the DOJ shall take custody of Mrs. Napoles. Because of that, I sought to write on the matter,” David told magistrates of the Third Division.

In a motion filed last Friday, Napoles’ lawyers asked the Sandiganbayan to order her transfer of custody to the DOJ under its witness protection program (WPP).

In her motion, Napoles said “there were recorded incidents of harassment, intimidation and threats on her life and security” at the BJMP detention facility.

During the hearing of the motion yesterday, David said Napoles’ jail cell was “bolt-cut” and her personal belongings were ransacked sometime in October last year.

In an interview with reporters, David said he sought a meeting with Medialdea and Aguirre early this month, shortly after the DOJ provisionally admitted Napoles to WPP.

Napoles’ provisional admission to the program was effective last Feb. 27 but was announced by Aguirre to the media only last Friday.

David said it was actually Medialdea who advised him to file a formal motion at the Sandiganbayan instead of immediately taking Napoles out of the BJMP.

“Because we are in a situation where we don’t know what to do, that’s why we have to consult people in authority,” David said when asked why he opted to involve an official of Malacañang.

David claimed that coverage in the WPP was needed in the case of Napoles.

“Is it your position that it becomes a ministerial duty for the court to approve the transfer of custody?” Third Division chair and Sandiganbayan Presiding Justice Amparo Cabotaje-Tang asked during the hearing of the motion.

“It is my belief,” David replied.

David said Napoles had already finished executing several sworn affidavits, which are now in the office of Aguirre for further assessment.

David said Napoles is set to execute a few more affidavits in the coming days, but this early, several names were mentioned by the businesswoman as involved in the multibillion-peso pork barrel scam.

“Incumbent and (former officials),” David said, refusing to name names.

Asked if those mentioned in Napoles’ new affidavits were allies of the previous administration, David said: “It is very clear that those charged were only the members of the opposition at that time. Do you honestly believe that there was no one from the previous administration involved in the scam? Why should we let the participation of the other officials remain secret? It’s about time that we should listen to Mrs. Napoles,” David added.

Napoles is detained at Camp Bagong Diwa 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 or pork barrel.

The Sandiganbayan First, Third and Fifth Divisions, handling the cases of Revilla, Enrile and Estrada, respectively, gave the prosecution 10 days to file its written opposition on Napoles’ motion for transfer of custody.

The DOJ and the BJMP were also directed to comment on Napoles’ motion within 10 days upon receipt of the court’s order.

Premature

Meanwhile, President Duterte is keeping his hands off the case of Napoles until the DOJ decides whether or not she would be admitted to the WPP, Malacañang said yesterday.

Presidential spokesman Harry Roque said it was premature to answer questions about Duterte’s plans for Napoles, who is facing plunder charges for allegedly siphoning off billions in congressional funds to bogus foundations.

“It is a provisional admission, which only gives her temporary protection subject to the evaluation of the prosecutors who will recommend her admission into the program. So right now, the President will keep his hands off because there is no decision yet,” Roque said in a press briefing in Camarines Sur.

Roque said there is no need to be aggravated by the DOJ’s decision to provisionally admit Napoles to the WPP.

“It is just provisional. They will still study the affidavit. Maybe even the President will come up with a decision after studying the affidavits. For now, let us allow the DOJ to do its job according to the law,” he added.

Roque said Duterte is not a micro manager and the decision on who would be admitted to the WPP lies with the justice department.

“For now, we respect the decision of the DOJ because that is part of their job and in accordance with the law that created the WPP,” the spokesman said.

But the chief prosecutor of the Office of the Ombudsman said nothing in the law allows the DOJ to grant Napoles provisional coverage to the WPP.

“There’s no such thing as a provisional admission to the WPP,” lead state prosecutor Edilberto Sandoval manifested before the Sandiganbayan First Division.

Napoles’ camp filed the motion last Friday, the same day that Aguirre confirmed to the media that Napoles was provisionally admitted to the WPP.

Aguirre said the affidavit of Napoles, the alleged brains of the multibillion-peso pork barrel fund scam, is still undergoing assessment by his office; thus, she was, in the meantime, placed under provisional WPP coverage.

Sandoval, a former Sandiganbayan associate justice, said there is no provision in Republic Act 6981 or the Witness Protection, Security and Benefit Program Act, allowing one’s provisional admission to the WPP.

“To me, there’s no such thing as provisional grant. It’s either denial or admission,” Sandoval said. “Suppose later on, after about six months, it would be denied, what will happen to the provisional admission?”

Sandoval said the DOJ did not coordinate with the ombudsman before provisionally placing Napoles under the WPP.

He said if Napoles’ motion for transfer of custody is granted by the court, “it will have far reaching effect” on the pending pork barrel scam cases where she is among the accused.

“We are objecting because Napoles is no longer a witness here. She is an accused,” Sandoval told reporters. – Alexis Romero