THE Sandiganbayan First Division remained firm on its decision to transfer convicted businesswoman Janet Lim Napoles to the New Bilibid Prison in Muntinlupa City from the Bureau of Jail Management and Penology (BJMP) facility in Camp Bagong Diwa, Taguig City.
The anti-graft court issued a mittimus order on December 27, 2018 directing Napoles’ transfer. She then filed a most urgent motion to set aside the mittimus order ex abundanti ad cautelam, arguing that the mittimus order was “invalid” since it was signed by Associate Justice Edgardo Caldona who was not a member of the First Division.
She stressed that the order should have been signed by First Division chairperson Efren de La Cruz or the other senior justices pursuant to Rule V Section 1 of the 2018 Revised Internal Rules of the Sandiganbayan.
But during Friday’s hearing, De La Cruz clarified that if the division chairperson and the other senior justices are on leave, the junior member can sign the order. “There is nothing wrong with the mittimus,” he stressed.
Napoles’ lawyer, Erwin Legaspi, confirmed that Napoles was still detained in Camp Bagong Diwa as of yesterday.
The court directed the prosecution to file its comment or opposition to Napoles’ motion within 10 days.
Napoles was convicted on December 7, 2018 for violating R.A. 7080, otherwise known as the plunder law, along with Richard Cambe, the staff of former Senator Ramon “Bong” Revilla.
They were sentenced to reclusion perpetua with perpetual disqualification from holding public office. (Czarina Nicole O. Ong)
