Thursday, September 05, 2013

What Awaits Napoles If Proven Guilty As Charged?

Janet Lim Napoles surrendered late Wednesday amid charges of serious illegal detention, a crime which, might keep her in prison for life if proven guilty.

Authorities have earlier launched a manhunt against Napoles and her brother, Reynald Lim, who allegedly detained whistleblower Benhur Luy.

Under Article 267 of the Revised Penal Code, a person found guilty of serious illegal detention “shall suffer the penalty of reclusion perpetua to death…”
The Philippines currently doesn’t have death penalty. 

The penal code defines illegal detention as “detaining another, or in any other manner depriving him of his liberty for at least five days “simulating public authority.”

Other components of the crime include “serious physical injuries,” “threats to kill him,” and if the person kidnapped is “minor, female or a public officer.”

Lawyer Theodore Te, who also heads the Supreme Court’s Public Information Office, in his Twitter account said Napoles can’t file bail.

“Napoles offense is non-bailable as a matter of right-serious illegal detention; Burden on [prosecution] to show strong [evidence] of guilt,” Te tweeted.

Napoles surrendered on the eve of the Senate Blue Ribbon Committee’s investigation on the P10-billion scandal, which involves lawmakers.

Reports confirmed by the Commission on Audit claimed that senators and congressmen diverted their funds to NGOs led by Napoles.

Among those dragged into the controversy are Senators Bong Revilla, Jr., Juan Ponce Enrile, Jinggoy Estrada, Bongbong Marcos and Gregorio Honasan.

Rumors have meanwhile been swirling that Napoles may be enlisted as a state witness to identify lawmakers involved in the scandal.

Justice Secretary Leila De Lima earlier said the government is not ruling out the possibility of having Napoles on the witness stand.

In an interview over dzBB, Interior Secretary Mar Roxas also said Aquino considers Napoles an important “witness” in the pork controversy.
From Exposé To Napoles’ Surrender

The name of Janet Lim-Napoles first gained the public’s attention in July when the alleged P10 billion pork barrel scam first hit the newstands.

Here’s a look back at the events that culminated with Napoles’ surrender.

July 12: Napoles is named the alleged mastermind of the P10B pork barrel scam 
On July 12, the alleged P10 billion pork barrel scam made the headlines. Whistleblowers Benhur Luy and Merlina Suñas exposed the alleged illegal operations of JLN group of companies of Janet Lim-Napoles, which involved setting up fake NGOs and foundations to funnel funds from the so-called fertlizer funds, the Malampaya funds, and the pork barrel of lawmakers during the Arroyo administration which are involved in ghost projects.

The National Bureau of Investigation (NBI) launched a probe. Linked to the scam are five senators and 23 congressmen who are said to have connived with Napoles to pocket their Priority Development Assistance Fund (PDAF), otherwise known as their pork barrel. The lawmakers vehemently denied the allegations.

July 15: Napoles faced the media for the first time
Napoles faced media for the first time on July 15. Facing ABS-CBN News, Napoles said, Luy was a personal assistant and was treated like a family member. But she claimed Luy betrayed them over money. Napoles said, her company did not have any transactions with the government. She challenged her accusers to prove their allegations against her. Napoles also apologized to lawmakers who have been implicated in the alleged scam.

July 19: DOJ insisted on keeping custody of whistleblower Benhur Luy
The Justice Department insisted on keeping custody of Benhur Luy under the witness protection program. This, despite the arrest warrant issued for him on charges of qualified theft filed by Napoles. DOJ Sec. Leila De Lima also directed the DOJ’s to investigate what she calls the hasty issuance of the arrest warrant.

July 29: Lavish lifestyle of Napoles’ daughter exposed on social media
Meantime, pictures of Napoles’ daughter, Jeanne, spread on social media flaunting her family’s wealth. On her Instagram account, Jeanne showed off luxury cars, expensive jewelry and her shopping sprees. Janet Napoles did not deny their lavish lifestyle. 

The Bureau of Internal Revenue launched its own investigation on the properties of Napoles and went on to check if the correct taxes have been paid.

August 5: Napoles’ properties in U.S. tracked down
Napoles’ properties in the United States were also tracked down, including a unit at The Ritz Carlton Residences in Los Angeles and an Inn near Disneyland in Anaheim.

Neighbors, who declined to speak on camera said while Janet has come to visit, the younger Napoles was seen in her Porsche often. Jeane is described as tall and friendly, greeting fellow Filipino tenants as she attended the prestigious Fashion Institute of Design and Merchandise, which carried a $30,000 or an estimated P1.3 million annual tuition.

August 10: Napoles, Lim are placed on lookout bulletin
Janet Napoles and her brother, Reynald Lim, are placed on the Bureau of Immigration’s ‘lookout bulletin’. The Bureau also said, it does not want a repeat of controversial figures and suspects slipping out of the country. Just like what happened to Ramona Bautista, sister of slain actor Ram Revilla, and former governor Joel Reyes and his brother, Mario Reyes, who are suspects in the Gerry Ortega killing.

But Napoles’ lawyer Lorna Kapunan said, her client has no plans of leaving the country and hiding from the investigations.
August 14: Arrest warrant issued for Napoles, Lim

The Makati Regional Trial Court issued an arrest warrant for Napoles and Lim on the serious illegal detention charge filed by whistleblower Benhur Luy.

De Lima was criticized for informing media about the arrest warrant even before the NBI had Napoles in its custody. De Lima confirmed to reporters at the House of Representatives that the Makati Court already issued the arrest order.

August 16: COA discussed special audit report, COA issued freeze order on Napoles’ bank accounts, DFA canceled passports of Napoles, Lim

The camp of Napoles went to the Court of Appeals to try to stop her arrest. 

On the same day, the Commission on Audit discussed the results of its special audit which looked into how lawmakers’ funds were spent from 2007 to 2009.

According to the report, more than P6 billion from 12 senators and 180 congressmen went to 82 NGOs despite the absence of an appropriation or ordinance authorizing it. Of the amount, more than P2 billion reportedly went to 10 NGOs linked to Napoles.

The Court of Appeals then issued a freeze order on Napoles’ bank accounts as well as those of her immediate family, relatives, and staff at the JLN group of companies, and the NGOs linked to her in response to a petition by the Anti-Money Laundering Council or AMLAC.

The Department of Foreign Affairs also cancelled the passports of Napoles and her brother.

August 23: Pres. Aquino announced plans to abolish pork barrel

President Aquino announced plans to abolish the pork barrel to be replaced by a new system. The President said, lawmakers may still propose projects, but the funding for these should be part of the national budget. 

He outlined seven measures that could be implemented as early as next year to help prevent the misuse of public funds. Leaders of congress are solidly behind the president.

But House Speaker Sonny Belmonte admitted, not all lawmakers will be in favor of abolishing their pork barrel.

August 26: Thousands joined pork barrel protests nationwide. Thousands marched in Luneta calling for the true abolition of the pork barrel. 

This is a response to a call in social media when the controversy over the alleged P10 billion pork barrel scam broke out. People from all walks of life took part in the march that started out at around seven in the morning.
An unexpected guest also showed up -- Manila Archbishop Luis Antonio Cardinal Tagle who usually doesn’t meddle in political issues.

August 27: Inter-agency body to probe pork barrel misuse
Malacañang announced the reactivation of a special group to investigate the alleged misuse of lawmakers’ funds. Ombudsman Conchita Carpio Morales said no one will be spared, not even allies of President Aquino.

The Office of the Ombudsman, the Finance and Justice departments, the National Bureau of Investigation, the Commission on Audit, the Civil Service Commission, and the Office of the President have joined forces to probe the alleged misuse of the Priority Development Assistance Fund as revealed in COA’s special audit report.

August 28: Aquino announces P10 million bounty for Napoles
President Aquino announced a 10 million peso bounty for information leading to the arrest of Janet Lim- Napoles.

According to her lawyer, Napoles sent out feelers that she wanted to surrender to Manila Archbishop Luis Antonio Cardinal Tagle. But they did not receive a response from Tagle, as he declined to comment on the matter.
August 28: Napoles surrendered

At past nine in the evening, Napoles voluntarily surrendered to the President at around 9:37 in the evening. She was turned over to the custody of the DILG and PNP for processing and booking. 

How It happened?

Roxas said authorities fetched Napoles and her husband at an undisclosed but “secured” location before they were brought to Malacanang to talk to the president.

“Roxas said Aquino then vowed to secure Napoles, amid claims that there are threats to her life. Napoles was able to reach the President through presidential spokesman Edwin Lacierda, he added.

Reynaldo Lim, Napoles’ brother, who is also wanted for serious illegal detention charges will soon surrender as well, ABS-CBN newscast Bandila quoted Kapunan as saying.

Businesswoman Janet Lim Napoles was ordered arrested by Makati Regional Trial Court Branch 150 last August 14. Napoles has since been unseen and reports that she left the country, or have had plastic surgery floated. 

On Wednesday, authorities were checking reports of missing yachts which could have been supposedly used by Napoles to escape.  /MP

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