Janet Napoles must be prosecuted, not protected.
The government must pursue the criminal prosecution of Napoles as the accused mastermind in the multi-billion peso pork barrel scam, rather than give her protection, security and benefits under the Witness Protection Program (WPP).
The liberation of Napoles as the principal accused in the “mother of all scams” in order to be awarded a stellar role as state witness is a mockery of the justice system.
Napoles is disqualified from admission into the WPP because as mastermind, she appears to be the most guilty.
The WPP was established under R.A. No. 6981 or the “Witness Protection, Security and Benefit Act” to precisely extend protection and benefits to persons in exchange for their testimonies as government or state witnesses.
A person who applies for admission into the WPP must not only seek security but must qualify as a state witness.
Since Napoles is indicted as the brains in various plunder cases consequent to the PDAF scam, she does not qualify to become a state witness.
Section 10 of R.A. 6981 provides that “any person who has participated in the commission of a crime” in order to become a state witness must “not appear to be the most guilty”.
Under any standard, the brains and instigator who plotted and executed the crime is the most guilty.
The admission of Napoles into the WPP will entitle her to immunity and benefits which include the following:
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Immunity from criminal prosecution for the very offenses she herself hatched and instigated;
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Release from her prison cell at the Camp Bagong Diwa in Taguig to a housing facility secured by the government with all the amenities of freedom; and
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Security escort, livelihood support and medical care.
It is of no moment that the admission of Napoles into the WPP is categorized as “provisional” since all admissions are provisional because an admittee or witness is supposed to comply with conditions to remain under the program.
EDCEL C. LAGMAN