Napoles' transfer to regular jail deferred

MANILA, Philippines — Plunder respondent Janet Lim Napoles will remain in detention at Fort Sto. Domingo in the meantime despite Sandiganbayan's order to transfer her to a Taguig jail.

The Philippine National Police said it is awaiting clarification from the Makati Regional Trial Court Branch 150 on whether Napoles should be placed under the custody of the Bureau of Jail Management and Penology (BJMP) at Camp Bagong Diwa.

Napoles was expected to be transferred on Friday night but the PNP aborted the transfer pending clearance from the Makati court, which earlier placed the suspected pork barrel scam mastermind in Fort Sto. Domingo for a serious illegal detention case.

"We will seek a clarification from the court first," said PNP spokesman, Chief Supt. Reuben Theodore Sindac.

"Tinitingnan natin kung ano 'yung nangingibabaw na jurisprudence dito. Wala po sa PNP na mag-interpret, nasa hukuman po 'yan. Kahit na may mga dati nang sitwasyon, lagi naman binabalik pa rin sa korte ang mga ganitong pangyayari. Yun ang SOP (standard operating procedure)," added Sindac.

On Friday, the Sandiganbayan Third Division ordered Napoles' transfer to the BJMP female dormitory inside Camp Bagong Diwa. Lawyer Jessica "Gigi" Reyes is also being detained in isolation at the same facility.

The Sandiganbayan, in ordering Napoles' transfer, noted that persons on trial are supposed to be placed in the custody of the Bureau of Jail Management and Penology (BJMP), which has jurisdiction over Camp Bagong Diwa.

A special team from the BJMP arrived at Fort Sto. Domingo at about 9 p.m. on Friday and was ready to escort Napoles to Camp Bagong Diwa. The convoy, however, was ordered to stand down as final say from the "higher-ups" was needed, BJMP National Capital Region spokesman Inspectot Aries Villaester said.

The Makati City RTC Branch 150  said, however, it would not cite the PNP for contempt if the latter carries out the Sandiganbayan order.

"The court will not object to the order of the Sandiganbayan. The PNP is just following the order of the Sandiganbayan. Any change in the place of her detention will not affect the illegal detention case," Makati clerk of court Diosfa Valencia said.

Still, Valencia insisted that the PNP and the Sandiganbayan would need to formally inform the Makati court of Napoles' transfer for record purposes even after the actual transfer.

Sandiganbayan First Division, which is handling another plunder case against Napoles, has asked the Makati court to comment on the motion of government prosecutors to transfer Napoles to the Taguig facility.

Valencia explained, however, that the First Division's request for comment has become moot after the earlier transfer order