SolGen says court “erred” in conviction of Napoles for serious illegal detention

February 15, 2017

The government’s top lawyer told the Court of Appeals alleged pork barrel scam mastermind Janet Lim-Napoles that a Makati court “erred” in convicting her of serious illegal detention.

In a press conference Wednesday,  Solicitor General Jose Calida said they filed their manifestation on January 11 before the Court of Appeals.

“We did not file our manifestation for the purpose of acquitting the person. It is just to let the Court of Appeals know our opinion on the matter. It is up to the justices of the CA to assess the weight of our pleading and modesty aside, the OSG (Office of the Solicitor General) is considered as the 16th justice of the Supreme Court because we are partners with the judiciary,” Calida said.

“I was convinced that the decision was wrong. The RTC erred in convicting the accused Janet Napoles for the crime of serious illegal detention. When we look at the evidence, the transcript of records, there are many instances that will support the acquittal of the accused” Calida said.

Napoles who sentenced to prison by Makati City RTC Branch 150 Judge Elmo Alameda in 2015 after being found guilty of serious illegal detention charge filed against her  nephew,  pork barrel scam whistleblower Benhur Luy.

Calida said this would not affect the pork barrel scam cases filed against Napoles and government officials, including lawmakers. Napoles is accused of diverting P2.9 billion in discretionary funds of lawmakers into alleged dummy corporations.

“This serious illegal detention has nothing to do with the cases of Janet Lim Napoles on the pork barrel. These are two separate matters,” he said.

Calida said his move was not influence by the lawyers of Napoles who are supporters of President Rodrigo Duterte.

“I don’t even know them (lawyers of Napoles). They have fertile minds. It is fiction and they are inventing something which is unfair,” he said.

Luy’s lawyer, Raji Mendoza, told a TV interview that the issues raised by the OSG “merely reiterate the position of the accused-appellant Napoles which have been fully answered to the satisfaction of the trial court.”

Mendoza said they were “not aware of any order from the Court of Appeals requiring the subject OSG to file the subject Manifestation.”

Calida said President Rodrigo Duterte has nothing to do with this case.

“Where did they get that idea? The president has nothing to do with this. I’m just doing my job and President Duterte does not instruct his Cabinet members on what to do. We are talking here about the rule of law and my mandate is to see to it that justice is done,” Calida said. DMS