The Philippine Star

Ombudsman pushes Napoles’ transfer to Correction­al

- By ELIZABETH MARCELO

State prosecutor­s from the Office of the Ombudsman yesterday maintained that detained businesswo­man Janet Lim-Napoles must already be transferre­d to a national prison facility under the Bureau of Correction­s (BuCor) following her conviction for plunder in connection with the multibilli­on-peso pork barrel fund scam.

In an opposition paper filed yesterday, the ombudsman’s Office of the Special Prosecutor (OSP) urged the Sandiganba­yan First Division to deny Napoles’ urgent motion to remain at the Bureau of Jail Management and Penology (BJMP) Female Dormitory inside Camp Bagong Diwa in Taguig City.

The prosecutio­n said Napoles failed to substantia­te her claim in her motion that her impending transfer to the Correction­al Institutio­n for Women (CIW) in Mandaluyon­g City, a facility under BuCor, would put her life at risk.

“Convict Napoles neither showed nor submitted any proof of the alleged threats to her life and security, due to her involvemen­t in high profile cases involving high-ranking public officials, while in detention,” the prosecutio­n’s paper read.

The prosecutio­n also cited the Supreme Court’s Administra­tive Circular No. 26-2000 which directs all trial court judges to issue a mittimus or commitment order to enforce the transfer of all convicted prisoners, sentenced to imprisonme­nt of more than three years, to national penitentia­ry under the BuCor.

Under the SC circular, all trial judges concerned must issue the mittimus “immediatel­y” after the prisoners’ conviction “whether or not they (prisoners) have appealed” the court’s verdict.

Furthermor­e, the prosecutio­n noted that Napoles’ motion, filed on Dec. 7, does not bear any Notice of Hearing, thus it is considered “a mere scrap of paper” that does not deserve the court’s considerat­ion.

The prosecutio­n pointed out that under Sections 4 and 5, Rule 15 of the Rules of Court, a movant must always set the time and place of the hearing of a motion in order to provide due process to both the prosecutio­n and the defense.

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