The Supreme Court has junked the plea of Janet Lim Napoles, who was previously convicted for plunder in connection with the pork-barrel fund scam in 2018, to be released or be placed under house arrest due to Covid-19.
In her urgent motion, Napoles said she is at risk of contracting Covid-19 for being a diabetic, which could place her at a higher risk of contracting the virus.
Napoles argued that since there are compelling reasons to support her acquittal, she has the right to seek the application of the Office of the Court of Administrator Circular 91-2020, which mandates the enforcement of an accused right to bail and speedy trial.
She also raised the “Nelson Mandela Rules” that provide the basis for the release of persons deprived of liberty (PDL) in times of public health emergencies.
Napoles is in prison after the Sandiganbayan’s Special First Division issued a decision on December 7, 2018 convicting her and lawyer Richard Cambe, former aide of Senator Ramon “Bong” Revilla Jr., of plunder in connection with the utilization of the latter’s Priority Development Assistance Fund (PDAF), or pork-barrel fund.
After being sentenced to suffer reclusion perpetua, Cambe and Napoles separately appealed their conviction before the Court.
Pending resolution of the appeal, Napoles is detained at the Correctional Institution for Women (CIW) while Cambe died inside the New Bilibid Prisons while serving his sentence.
In denying Napoles’s motion, the Court said Republic Act 10389 (or Recognizance Act of 2012) can not be applied in favor of Napoles as it provides that recognizance is available only to those who are entitled to bail, but are unable to post bail due to abject poverty.”
The provision added that it “does not apply to those charged with offenses punishable by death, reclusion perpetua or life imprisonment when evidence of guilt is strong.”
“Here, Napoles never claimed that she was an indigent. Moreover, she was convicted of an offense punishable by reclusion perpetua. Clearly, RA 10389, does not apply to her,” the Court ’s Second Division said in a 13-page resolution penned by Associate Justice Mario Lopez.
The resolution was made public last June 11, 2021.
The SC explained that every person is entitled to bail, as a matter of right, before conviction.
The person should also not be charged with a capital offense where the evidence of guilt is strong.
“The rationale for this rule is that the accused is more likely to be tempted to flee rather than to await the outcome of the proceeding with a penalty demanding a lifetime of incarceration,” it added.
The Court also said Napoles failed to establish that there are exceptional and compelling considerations for her temporary release considering that her guilt is strong.
On the aspect of humanitarian ground, the SC also said it found no compelling reasons to grant the same.
“Napoles resorted to this Court and alleged that she is at risk of contracting Covid-19 because she is suffering from diabetes, as shown by an unauthenticated medical certificate signed by her physician,” the SC said.
The Court said Napoles’ claim is a “question of fact” that is not within the jurisdiction of this Court to determine.
“However, even assuming that she is indeed suffering from diabetes, that in itself, is not sufficient to grant her provisional liberty, post conviction,” the SC pointed out
The Court also held that neither Nelson Mandela Rules, the Bureau of Corrections Act of 2013, nor the worldwide trend to decongest jail facilities because of Covid-19, are not sufficient to support the release of PDLs pending appeal of their conviction of a capital offense.
“Thus, Napoles failed to allege, much less prove any source of right under the international domestic laws, to warrant her temporary release.”
In Dec. 7, 2018, the Sandiganbayan’s Special First Division convicted Napoles of plunder relative to the utilization of Senator Revilla Jr. ‘s PDAF and was sentenced to suffer the penalty of reclusion perpetua.