MAGAZINE
Published February 15,2017
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President Rodrigo Duterte's chief legal counsel is four-square behind Solicitor General Jose Calida in moving for the acquittal of alleged pork barrel scam mastermind Janet Lim Napoles in the serious illegal detention case of which she had been convicted.
"The position of the chief presidential legal counsel will coincide with what the OSG has stated because they are the agency that looked over the records of the case..."
"Since the OSG is the office that studied the case and it is the office that recommended the acquittal of the accused, we have to abide by its position, unless independent entities can show us that the decision is contrary to the evidence and the records of the case," Panelo said.
"But I doubt that it is contrary because it's the OSG," he added.
The Makati Regional Trial Court Branch 150 in April 2015 sentenced Napoles to reclusion perpetua, or 20 years and one day up to 40 years in jail, after she was found guilty of serious illegal detention.
Napoles' conviction is now on appeal before the Court of Appeals. The OSG filed a manifestation before the CA in January, recommending her acquittal.
Napoles and her brother Reynald Jojo Lim were accused of detaining their cousin and her former employee Benhur Luy for three months.
It was Luy, who spilled the beans on the scam allegedly perpetrated by Napoles with certain lawmakers.
Panelo denied that President Rodrigo Duterte instructed the OSG to look into Napoles' case.
"The President does not give any instruction to any department as to what it will do. He has repeatedly said. Pinapabayaan niya ang bawat departamento ng kanilang--basta naaayon sa batas," Panelo said.
Panelo said that the Duterte administration was just following rule of law and due process in OSG's move to acquit Napoles.
"The administration of Duterte will always follow what the rules, the laws, and the Constitution say regardless of who are the persons involved whether that person is a controversial figure or a non-controversial figure," Panelo said.
Panelo also shared that Duterte once moved to acquit an accused when he was still a prosecutor.
"Remember this, the lawyers of the Republic of the Philippines is bound by law not only to prosecute accused but also to give justice to all... Noong prosecutor pa siya [Duterte], noong nakita niya na walang ebidensya, it was he who moved for the dismissal of the case," Panelo said.
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