Can Janet Lim Napoles be state witness?

[hulagway]

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why put her as a state witness when we cant expect napoles tell all the truth.

[f3a_champ]

The answer is that yes, Napoles can become a state witness, but no, she should not be made a state witness because she is probably the most guilty of them all and is someone whose testimony can never be counted on. As long as there is no cover up, there is probably enough of a paper trail to convict the guilty.

[dexlimp]

hahay ang ending ani mgpa sakit2x napd ni c Napoles.

[f3a_champ]

hahay ang ending ani mgpa sakit2x napd ni c Napoles.

Aw, unsa man diay. Nagsugod na ang drama oi.....

[cliff_drew]

I'm not a lawyer but here are my two cents worth.

Below are the 5 requirements to become a State witness, as stated from Rule 119, Section 17 of the Revised Rules of Criminal Procedure. Disqualification from one of the requirements will barred for discharge.

Sec. 17. Discharge of accused to be state witness. – When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that:

(a) There is absolute necessity for the testimony of the accused whose discharge is requested;
(b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
(c) The testimony of said accused can be substantially corroborated in its material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any offense involving moral turpitude.

Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence.

Source: THE REVISED RULES OF CRIMINAL PROCEDURE (EFFECTIVE DECEMBER 01, 2000] - CHAN ROBLES VIRTUAL LAW LIBRARY


In Sec. 17(a), if Napoles' testimony is an absolute necessity then that would be also a way to implicate herself since there is a great chance that she is the most guilty, disqualifying her in relation to Sec. 17(d). Also, there are already 10 witnesses/whistleblowers who are under the custody of the DOJ (and 17 more former employees of Napoles [Sandiganbayan justice partied with Napoles: whistleblower | ABS-CBN News]) who have enough knowledge of the crime, so she is again will be disqualified in relation to Sec. 17(b) and (c). Imagine, a State Witness being implicated by her co-witnesses (her former employees) as the mastermind of the crime! Isn't it absurd if that happens? Lastly, Sec. 17(e). She was not convicted for (1) Kevlar scandal, eventually acquitted [How Janet Lim-Napoles got away] and the (2) Fertilizer Fund Scam, where she was never included in the probe due to EO 464 issued by Former President Gloria Arroyo [How Senate missed chance to probe Napoles | ABS-CBN News]. However, with these cases she previously involved, whether or not she was convicted, showed a moral turpitude.

In addition, here are legal opinions from people who best know the law:


Sen. Miriam Santiago, Former RTC Judge
Press Release - Miriam says Napoles disqualified as state witness

Atty. Raymond Fortun
LEGAL OPINION | Can Janet Napoles turn state witness? - InterAksyon.com

Atty. Mel Sta. Maria
MEL STA. MARIA | State witness? There is a simpler option for a 'briber' to speak: PD 749 - InterAksyon.com

Atty. Beda Fajardo, Incoming president of the Philippine Bar Association
Napoles as state witness? Not that simple, says lawyer | ABS-CBN News


My last thought: WHY WOULD THE GOVERNMENT SAID THAT IT IS OPEN TO THE POSSIBILITY ON MAKING HER AS A STATE WITNESS WHEN SHE NEVER SAID OR ASKED (NOR HER LAWYER) TO BECOME ONE?

[cliff_drew]

So who are the mastermind?

At the end of her unrehearsed appearance at the Inquirer editorial offices a few weeks ago, she took me and fellow columnist Winnie Monsod aside, insisting she was not the mastermind and intimating that the real brains had already hurriedly fled the country. When we asked who this person was, Napoles whispered something to Winnie, but not to me. To this day I’m still wondering who this big fish might be, if there was any.

Napoles as state

[Juvil John Soriano]

she could, after she will be tried and found guilty, she will still pay and serve, but she could be a state witness and probably get a deal for a lesser sentence.

[amingb]

So who are the mastermind?

Matod pang Miriam ang Mastermind ani ang mga Senador ....

[Juvil John Soriano]

So who are the mastermind?

there's no person in the right mind who will scam senators and congressman up front, obviously the Senators and congressman who used Napoles knows what she can do with their PDAF, they knew the kickbacks they could get from her.

[whiteKelso]

if she could be the state witness? everyone will go to jail? hahaha