Janet Lim Napoles: A PDAF-Queen Turned State Witness?

With the successful removal of benign tumor of Janet Lim Napoles, comes with the explosion of some meaty revelation in the media just very recently.  In fact, before the said operation, Janet Lim Napoles had already a long talk with Department of Justice Secretary Leila De Lima over her plan to divulge the "tell-all" expose' of information she has with the PDAF controversy. And what is the deal?  To turn her a State Witness to prove the guilt of her other co-accused.

In the previous post, it was discussed already what are the requisites of becoming a state witness.  For more information, please visit this http://dailyservingoflegalmatters.blogspot.com/2014/02/requisites-of-state-witness.html.

So what would be the process for Janet Lim Napoles to eventually become a State Witness? 

"Upon Motion of the Prosecution Before Resting Its Case"

Before an accused is discharged as a State Witness, it is the duty of the prosecution to file a motion to ask from the court to discharge one or more than one of the accused.  It is not Janet Lim Napoles that would ask the court for her discharge but the prosecution.  Thus, her meeting with the DOJ's De Lima was a valid act on her camp.  The initiation to subject her into as a State Witness relies solely on the hands of the prosecutor and not in her hands.  So, despite the desire of Janet Lim Napoles to become a State Witness but if the prosecutor would not move or would not consider her as one, then her effort would just be put in vain.

"The Court May Direct One or More of the Accused With Their Consent"

Aside from the motion of the prosecutor, the decision of the court to direct an accused to become a State Witness is important.  Whether or not the prosecutor is convinced that Janet Lim Napoles is qualified to become a State Witness would be another story.  To become a State Witness would depend entirely to the sound discretion of the court.  The court has the sole duty to direct one or more of the accused to be a State Witness.

Such decision of the court must be with the consent of the accused.  In the case of Janet Lim Napoles, the fact that she was the one proposing to the prosecution of her desire to become a State Witness, such act would tantamount to her consent of becoming one.

But of course, the court must be satisfied that Janet Lim Napoles, in this case, must have the necessary requisites of becoming a State Witness.  To have a review of those requisites, please read below:

1.  There is absolute necessity for the testimony of the accused of the accused whose discharged is requested.

2.  There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of the said accused.

3.  The testimony of said accused can be substantially corroborated in its material points.

4.  Said accused does not appear to be the most guilty.

5.  Said accused has not at any time been convicted of any offense involving moral turpitude.

From the requisites mentioned, Janet Lim Napoles would have a problem in requisite number 4.  Considering that she is considered as the queen of the PDAF scam, it would be in conflict to show that she does not appear to be the most guilty.  In fact, she was the mastermind allegedly in siphoning billions of people's money via her bogus Non-Government Organizations.

If ever, Janet Lim Napoles would not qualify as a State Witness, the government would consider lowering the penalty for her in exchange of the meaty information that she might divulge to the public instead.  Allegedly this information would shock most of the people because of a number of politicians, both in opposition and in administration, are named parts of the scam.  Without this information, the public would be left ignorant of the unscrupulous politicians they have.

Instead of totally considering her as a State Witness, the government may propose a plea bargaining with Janet Lim Napoles  but with a condition to return all the alleged money she has amassed from the scam and she shall be meted with lower penalty.
upon motion of the prosecution before resting its case - See more at: http://dailyservingoflegalmatters.blogspot.com/2014/02/requisites-of-state-witness.html#sthash.pjRQdgnB.dpu
upon motion of the prosecution before resting its case - See more at: http://dailyservingoflegalmatters.blogspot.com/2014/02/requisites-of-state-witness.html#sthash.pjRQdgnB.dpu

Comments

Post a Comment

Popular posts from this blog

Philippine Laws on Illegal Gambling

Image
Since the announcement of Philippine President Rodrigo Roa Duterte for the Philippine National Police to halt its operation on war against drugs and shift the fight against illegal gambling, hundreds of suspected individuals were apprehended allegedly involved with illegal gambling nationwide. In General Santos City for instance, there are at least 4 suspects are brought before our office for inquest investigation.  There suspects are either violating Presidential Decree (P.D.) No. 1602 or Republic Act No. 9287. It might be noteworthy to consider because the police officers are doing their job as mandated by law, but, most, if not all, of the suspects apprehended belong to the poorest of the poor.  We are still waiting at the time when we would face suspects who are the financier of these illegal gambling games. This image is taken from google. The following are the gambling laws of the Philippines: PRESIDENTIAL DECREE NO. 1602 It amended the criminal provisions of A
Read more

Bonds for Illegal Gambling

This post shall provide the updated recommended bonds for illegal gambling as of this writing. Presidential Decree No. 1602 (Prescribing Stiffer Penalties on Illegal Gambling): Section 1.   Penalties.  The following penalties are hereby imposed: (a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:      1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pang
Read more

The Crime of Grave Scandal

Image
Courtesy of Sun.Star Davao When I opened my facebook yesterday, June 2, 2014, a strange news caught my attention.  This news was all about two men caught in the act masturbating.  Thus: DUHA ka lalaki ang gibalhog sa selda sa San Pedro Police Station human nasakpang nag-masturbate sila ala 1:25 sa kaadlawon kagahapon, Dominggo, didto sa Palma Gil Street, siyudad sa Davao. Ang duha gitago sa pangalan nga Marco, 33, ulitawo, laborer, nagpuyo sa San Juan Village, Bangkal, Barangay Talomo Proper, ug Daryl, 23, ulitawo, sales agent ug residente sa S.I.R, New Matina, Barangay 76-A Bucana. Gisaysay sa blotter sa kapulisan nga nadakpan ang duha sa nagpatrolya ang mga sakop sa Philippine Civic Crime Monitoring Group (PCCMG) nga gipangulohan Jerry Balobar Ponayo didto sa dalang Palma Gil. Si Police Officer (PO2) Perfecto Tuloy, duty desk officer, nagsulti nga nakita mismo ni Ponayo ang duha nga nagbinatilay sa ilang kinatawo kilid sa gi-parking nga multicab sa kalsada.
Read more