MANILA, Philippines - There is another legal trick up Janet Lim-Napoles’ sleeve to delay or possibly prevent her arrest for plunder for her role in the pork barrel scam.
Her lawyer Bruce Rivera said yesterday they were preparing to file a motion for judicial determination of probable cause before the Sandiganbayan in a bid to get her plunder case dismissed.
“We will file a judicial determination of probable cause in the Sandiganbayan upon raffle of the case,†he told reporters at the Department of Justice (DOJ).
“We are not losing hope. We are filing our motion either tomorrow (Tuesday) or the day after and the ombudsman will decide later on if our arguments are viable,†he said after a closed door meeting with Justice Secretary Leila de Lima.
The motion is seen to delay the imminent issuance of a warrant for her arrest by the Sandiganbayan. Also facing arrest for the same non-bailable offense were Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr.
Rivera said they would also appeal the decision of the ombudsman denying Napoles’ application for immunity from criminal suit in connection with the pork barrel scam. Napoles was alleged to have perpetrated the scam in collusion with some lawmakers and officials.
In denying her request for immunity from prosecution last week, the ombudsman stressed she did not meet the criteria under the law for state witnesses and that she appeared to be among the most guilty despite her claims that she was a victim of the system.
The ombudsman also rejected the same request from former Technology Resource Center chief Dennis Cunanan and former National Agribusiness Corp. officials Rhodora Mendoza and Victor Roman Cacal.
‘Misquoted’
Rivera also clarified that Napoles would still cooperate with the DOJ, contrary to reports that they would no longer submit evidentiary documents to back up her two affidavits on the pork barrel scam since she had lost her bid for immunity.
“That is part of our promise to Secretary De Lima – that we will continue to help the government despite and in spite of what happened, because we all want the truth to come out,†he said, adding that he had been “misquoted.â€
Rivera said they have yet to submit the documents to the National Bureau of Investigation, which would analyze them.
He said the delay was due to their efforts to protect and ensure the integrity of the documents, especially now that Napoles is back in her detention cell at Fort Sto. Domingo in Sta. Rosa, Laguna after being denied in her bid for an extended stay at the Ospital ng Makati by the Makati regional trial court.
Rivera said the delayed submission does not mean that they intend to keep the documents after the plea for immunity from prosecution was junked. – With Jess Diaz