Napoles insists on staying at Camp Bagong Diwa
Businesswoman Janet LimNapoles has insisted that she must remain at the Bureau of Jail Management and Penology (BJMP)’s detention facility at Camp Bagong Diwa in Taguig pending the finality of the Sandiganbayan decision convicting her of plunder in connection with the multibillion-peso pork barrel fund scam.
In a reply paper submitted to the Sandiganbayan First Division, Napoles, through her lawyers, maintained that her life and security are at risk at the Correctional Institution for Women (CIW) in Mandaluyong where she is set to be transferred following her conviction.
Napoles was replying to the opposition paper submitted by the Office of the Ombudsman’s prosecution panel, blocking her motion to remain at the BJMP Female Dormitory at Camp Bagong Diwa as she appeals her conviction.
In its paper, the prosecution said Napoles must already be transferred to the CIW, a national prison facility under the Bureau of Corrections (BuCor), following her conviction, even if she still has the right to file an appeal.
The prosecution said Napoles failed to substantiate her claim that her impending transfer to the CIW would put her life and security at risk.
The prosecution also 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.
In her reply, Napoles said that while her motion indeed does not bear a notice of hearing, “such absence was not intended to deprive” the prosecution of its right to object on the motion. Napoles said her lawyers even personally furnished the state prosecutors with a copy of her motion when it was filed.
“It must be stressed that the main reason for such filing is…the extreme urgency of the said motion, considering (that) the order of this honorable court is to immediately transfer (her) to the Correctional Institution for Women, Mandaluyong City,” Napoles’ reply letter read.