OSG seeks Napoles ac­quit­tal

Manila Times - - NEWS - BY MALOU MAN­GA­HAS AND NANCY C. CAR­VA­JAL PHILIP­PINE CEN­TER FOR IN­VES­TIGA­TIVE JOUR­NAL­ISM WITH JAIME R. PILAPIL

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of Ap­peals a “man­i­fes­ta­tion in Napoles’ ac­quit­tal.

The case stemmed from the com­plaint of Ben­hur Luy, who said he was il­le­gally de­tained by March 2013. Napoles is serv­ing her life sen­tence at the Cor­rec­tional In­sti­tu­tion for Women in Man­daluy­ong City.

Five le­gal ex­perts in­side and out­side gov­ern­ment said that while Napoles’ case may not for now have a di­rect im­pact on the pork-bar­rel cases pend­ing be­fore the Sandi­gan­bayan, ques­tions may be raised about the in­tegrity of Luy’s tes­ti­monies in the il­le­gal de­ten­tion case, and against Napoles.The ques­tion asked of the - tion forged a modus vivendi with rea­sons and pur­poses?The lawyers were unan­i­mous about one thing: That the OSG’s man­i­fes­ta­tion her­alds a pol­icy shift in how the deal with Napoles, Luy, other state wit­nesses, and the law­mak­ers who had been in­dicted in the plun­der cases in­volv­ing the mis­use of pork bar­rel funds now pend­ing trial be­fore the Sandi­gan­bayan.

Three for­mer se­na­tors are fac­ing plun­der charges for the al­leged mis­use of their pork-bar­rel funds us­ing the fake NGOs of

- edly in ex­change for fat kick­backs Com­mented one of the lawyers: “The SolGen has taken po­si­tions be­fore against the state, but of­ten in mi­nor cases, crim­i­nal and civil. This one is un­usual be­cause the SolGen has taken the side of the ap­pel­lant, and against state wit­nesses in the pork bar­rel cases. This makes the SolGen man­i­fes­tend to fa­vor the SolGen in cases rel­e­vant se­nior of­fi­cials in the Of­fice of the Om­buds­man, the knew noth­ing about the OSG’s man­i­fes­ta­tion and de­scribed the

Court erred

Wed­nes­day in­sisted that the trial court erred in con­vict­ing Napoles.

“It is my well-con­sid­ered opin­ion and that of my as­sis­tants con­fer­ence in Makati City. do kid­nap­pinghe “The‘No said. with lib­erty Pres­i­dent­the re­view­case. de­prived’The­do­e­sof the not Napolesin­struct OSG’s 11, dated 2017 Sept. was 20, ap­par­ently2016 where trig­gered“the ap­pel­lant­ment that the re­it­er­ated es­sen­tial her el­e­ment ar­guof de­pri­va­tion of lib­erty is ab­sent ex­am­in­ing anew the evidence pre­sented by both the pros­e­cu­tion

- dence pre­sented does not sup­port be­yond rea­son­able doubt that the ap­pel­lant com­mit­ted the crime also ex­plained why the Solic­i­tor Gen­eral was now dis­fa­vor­ing state wit­ness Luy in the il­le­gal de­ten­tion Solic­i­tor Gen­eral shares in the task and re­spon­si­bil­ity of dis­pens­ing is sim­i­larly a ser­vant of the law, the two-fold aim of which is that guilt shall not es­cape or the in­no­cent

Filed, re­filed

Branch 150 sen­tenced Napoles af­ter a two- year trial. Napoles later raised her case to the 13th and sub­mit­ted her re­ply brief on Septem­ber 20, 2016. In less than four months, the OSG – which re­ceives an av­er­age of about 30,000 ap­peals on crim­i­nal cases a year ac­quit­tal.Among other things, the a spe­cial panel of pros­e­cu­tors from had rec­om­mended the dis­missal of the Luy’s com­plaint. The panel, af­ter two months of in­ves­ti­ga­tion, re­port­edly found that Luy had re­treat house. Alameda, in his rul­ing on the case, had said the pros­e­cu­tion was able to es­tab­lish that Napoles or­dered Luy’s de­ten­tion when she dis­cov­ered that he had started to trans­act busi­ness with cer­tain law­mak­ers us­ing her busi­ness model.Ac­cord­ing to Luy, had kept him at Ba­hay ni San Ma­gal­lanes Vil­lage, Makati City, oc­cu­pied by priests, and then at City, where the Napoles fam­ily re­sides.Luy’s res­cue by agents of the Na­tional Bureau of In­ves­ti­ga­tion Napoles’s posh res­i­dence in Taguig in March 2013 paved the way for an in­ves­ti­ga­tion of the use of fake bar­rel funds of cer­tain leg­is­la­tors. Ben­hur’s con­duc­tThe NBI and Luy filed a se­ri­ous il­le­gal de­ten­tion case against Napoles and Lim in March 2013, but as the OSG pointed out in its re­cent man­i­fes three months later. The NBI then Aug. 13, 2013 the case of se­ri­ous il­le­gal de­ten­tion against Napoles and Lim. This in turn prompted the is­suance of war­rants of ar­rest against the two. But in its man­i­fes­ta­tion for Napoles’s ac­quit­tal in the se­ri­ous il­le­gal de­ten­tion said, “The con­duct and be­hav­ior of Ben­hur Luy dur­ing the pe­riod of his al­leged de­ten­tion be­lie the fact that he was de­tained or de­prived of his the trial court in its April 14, 2015 - ous busi­ness­woman’s case at a that while some law­mak­ers had been in­dicted in the Napoles-led pork-bar­rel scam in 2013, it was “not enough vin­di­ca­tion for the me­dia re­ports quoted the Pres­i­dent as say­ing. “There are a lot of bil­lions and bil­lions of pe­sos lost. sev­eral law­mak­ers in­side but only be­cause the charge, the ac­cu­sa­tion some re­veal­ing things to tell you if that is the only thing that I have to do un­til the end of my term, I will do it, for I shall have done a sin­gu­lar task, giv­ing you the truth about the de­serves a sec­ond look for it also

Im­pact on pork cases?For sure, the OSG is now giv­ing the case the OSG’s man­i­fes­ta­tion, one of re­marked, “This is dan­ger­ous be­cause of the indi­rect im­pact on since Ben­hur talked be­cause he was sup­pos­edly be­ing de­tained il­le­gally. This is not enough, of course, to set Napoles free, but doubt has been cast on the cred­i­bil­ity of Ben­hur. Still, the il­le­gal de­ten­tion hap­pened af­ter Ben­hur ac­quired info on the pork trans­ac­tions, so he can in­sist on his cred­i­bil­ity about th­ese mat­ters. The prob­lem is, pub­lic per­cep­tion could turn against him be­cause who had been part of the COA cases agreed with this view, not­ing, “Ben­hur gave a lot of doc­u­ments kasi. Cer­tainly, the indi­rect im­pact of this is to ques­tion his cred­i­bil­ity, and that of the other wit­nesses. That might be the point of this said, “A man­i­fes­ta­tion, from a lawyer’s point of view, does not al­ways over­turn or af­fect the court’s de­ci­sion. This can be ap­pealed to lawyer – a gov­ern­ment pros­e­cu­tor – pre­dicted that even with the - ecu­tor added, “There was a time she wanted to tell all. Maybe that is the modus vivendi, for her to tell -

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