Tuesday| May 16, 2017
Conchita Carpio Morales said Janet Napoles will not became state witness on pork barrel scam case!
"As [far as] the prosecution is concerned, she is one of the principal alleged malefactors. We don't find her to be a candidate for being state witness," Morales told reporters in a chance interview at the 29th founding anniversary of the Office of the Ombudsman on Tuesday.
The Ombudsman said they will block any attempt to make her state witness.
DOJ Sec. Vitaliano Aguirre hinted that Napoles has a chance to be a statewitness on pork barrel scam, Which he wants to reinvestigate.
"We will have the last say on whether or not we will recommend her as state witness," Morales said.
Rule 119 of the Revised Rules of Criminal Procedures states that it is the court that decides who gets to be state witness "upon the motion of the prosecution before resting its case." Simply put, it is the body that prosecuted the case which gets to recommend to the court that someone is qualified as state witness.
In Napoles' case, it is the Office of the Ombudsman that will recommend to the Sandiganbayan. The Sandiganbayan will then make the final decision.
"The cases we filed in the Sandiganbayan are cases over which the Sandiganbayan has exclusive authority; jurisdiction," Morales said.
Napoles was recently acquitted of serious illegal detention that set in motion her jail transfer. The Sandiganbayan's 1st and 3rd Divisions rejected Napoles' request to be transferred to the National Bureau of Investigation (NBI) custodial center.
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