Can Janet Napoles turn state witness? (updated)

29 August 2013

senator miriam agrees:  Napoles disqualified as state witness.  and showbiz (b)witch lolit solis, who knows her way in and out of a scam, alleges that her pal napoles contributed to the liberal party’s campaign in last may’s elections via executive sec  jojo ochoa, which ochoa denies of course: Talk show host Lolit Solis relieved by surrender of friend Janet Lim Napoles.

i agree with the public perception that it was the wrongest kind of move for a president to make.  napoles does not fall under the same category as taruc who was a rebel revolutionary fighting for a nationalist notion of nation; napoles is a common criminal, a thief, a plunderer of public funds.  and what does it say about aquino’s relationship with the DOJ and the NBI?  that he doesn’t trust them, he had to take charge personally, and in secret, to make sure nothing happened to napoles upon her surrender?  doesn’t inspire confidence, to say the least.  i’d resign, if i were leila de lima.

BREAKING NEWS: napoles just arrived in makati city jail, wearing a bullet proof vest.  mar roxas and edwin lacierda very much around.  why???  can’t believe they think this is winning them points with the #scrapPork public.

LEGAL OPINION
By Raymond Fortun

Janet Napoles surrendered to the government on Wednesday evening. She says she feared for her life. I’d rather believe that she was enticed by the promise that she could become a state witness instead in order to avoid imprisonment.

Janet Napoles CANNOT become a state witness because SHE IS THE MOST GUILTY. She is most guilty because she had the most to gain from the pork barrel scandal.

To illustrate:

Let’s assume there are 23 congressmen who dealt with Napoles. Assuming that each congressman turned over their entire Php70Million to Napoles’s bogus NGO’s, and the “deal” was that each congressman would get 70% (with Napoles getting 30%), each congressman would get Php49Million (70% of 70M). On the other hand, Napoles would stand to gain a grand total of Php483Million (30% of 70M x 23 congressmen). Do the math — Php49M as against Php483M. Who benefited the most?

In the concept of a grand conspiracy, it is highly unlikely that 23 congressmen from various districts all over the Philippines (including party lists) would get together and instruct Napoles to set up bogus NGO’s so that they can all get 70% of their pork barrel allocation. Rather, it is easier to surmise that NAPOLES separately approached 23 congressmen, told them of her scheme to use bogus NGO’s to extract the congressmen’s pork barrel allocations under a 70-30 sharing arrangement. Under the latter scenario, it is NAPOLES who masterminded the entire scam, with the congressmen being the greedy and willing participants thereto. Suffice it to state that the mastermind CANNOT become a state witness; the mastermind is the MOST GUILTY.

Section 17(d) of Rule 119 of the Revised Rules of Criminal Procedure provides that an accused can be discharged to become a witness for the state when “said accused does not appear to be the most guilty”. Somehow, i cannot but expect the government to find a way for Napoles to be granted immunity from suit EVEN IF THE LAW DOES NOT ALLOW IT. Reports of Napoles having contributed to PNoy’s campaign coffers certainly creates a cloud of suspicion about whether the government is serious in prosecuting all concerned INCLUDING Napoles. We will see within the coming days if the charge list would include ALL who benefited from the pillage and plunder of taxpayers’ money, and not merely a veiled persecution and neutralization of perceived political opponents for the 2016 Presidential elections.

All of us must MAINTAIN OUR VIGILANCE. If the members of the Liberal Party dipped their hands in this mess, they MUST be held accountable, the same as everybody else. There should be no sacred cows in the coming investigation.

7 Responses to Can Janet Napoles turn state witness? (updated)

  1. August 30, 2013 at 5:58 am
    baycas

    Too bad, Angela, that there is no death sentence. JLN could have easily plea bargained for life imprisonment.

    • August 30, 2013 at 4:41 pm
      jojie

      Kaya dapat ibalik ang death sentence kung fair justice ang ihahatol sa mga “kahindik indik” na paglabag sa batas ng tao at utos ng Diyos.

      • August 30, 2013 at 4:53 pm
        jojie

        P>S> correction, “Kahindik hindik” sa salita ni Gng. Pulida-Tan ng COA.

  2. August 30, 2013 at 9:21 pm
    manuel buencamino

    It is just as easy to surmise that a senator or a congressman conceived the scam and then sent Napoles to his colleagues as an agent who would facilitate paperwork etc. If she’s an agent then she can be a state witness and expose the brains behind the scam. What if it was a group of legislators who had banded together and hired Napoles to do their dirty deeds for them?

    • August 31, 2013 at 12:04 am
      jojie

      Even if Janet acted as only an agent for the syndicate(?), can she explain the awesome wealth of 28 houses in high-end subdivision, 19 motor vehicles, 3 luxury yatchs in a span of few years as reported by Inquirer News. Besides she founded and was incorporator of various fake ngos and foundation according to sworn statements of her staff. She is part and parcel of the syndicate and she cannot be charged with a minor participation since the whole operation works under her control.I believe its the other way wherein Janet Napoles manipulates these legislators to agree with her set-up. Therefore, she does not qualify as state witness as defined by Dept. of Justice. What she can do is to enter into a plea bargaining agreement in which she must tell all and admit her crime in exchange for lesser penalties. That is if the people and the govt will agree in the long run.

  3. August 31, 2013 at 9:43 am
    chonoon

    Janet Napoles don’t look master mind to me, she looks & speak like small time crook from Gotham City…no scruples no finesse and simplicity that is why she was pick by the spin master…so reckless binged on material things that is why she was nabuking! by jealous employees…just my assessment…but I’m often right. I agree she should not be a state witness so many of them already they come cheaper by the dozen.

    • August 31, 2013 at 10:40 pm
      jojie

      @chonoon, yes I agree, she may be reckless, but every one commit mistakes specially if you are under stress and pressure of being outsmart by your trusted slaves. It’s her greed and over confidence that she will be protected by the powers that she utilize to outsmart the system that is being justified as fool-proof by some legislators. some call her street smart, maybe so appropriate.

Leave a Reply

Your email address will not be published. Required fields are marked *

twitter

follow @stuartsantiago on twitter

recent comments

  • © Angela Stuart-Santiago