(Eagle News) — Newly appointed Justice Secretary Menardo Guevarra said alleged pork barrel scam queen Janet Lim Napoles has no “actionable right to demand detention or custody” from the Department of Justice despite having been provisionally admitted to the Witness Protection Program.
According to Guevarra, whose manifestation was submitted to the Sandiganbayan Third Division on Tuesday, April 17, in the first place, Napoles’ provisional coverage “merely signifies that she has yet to complete all the requirements and/or that her application is still under evaluation.”
The manifestation was submitted following the filing of an urgent motion by Napoles, who is facing cases for allegedly being behind the pork barrel scam, seeking for her transfer to DOJ custody after her provisional admission to the WPP.
“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,” Guevarra said.
Guevarra’s approach to the Napoles case appears to differ from the one employed by his predecessor, Vitaliano Aguirre.
Napoles’ lawyer Stephen David told the anti-graft court’s Third Division in March that it was Aguirre who recommended that he file a motion seeking for Napoles’ transfer to the DOJ following her provisional admission to the WPP.
Aguirre later said, however, that he merely gave his opinion during the meeting.
On April 5, the First Division already junked Napoles’ motion for her to be transferred, noting that there was a “lawful cause” for her detention in the first place.
On Monday, April 16, the Fifth Division employed the same argument in junking the same motion.