REPUBLIC OF THE PHILIPPINES

~anbiganbapanQuezon City

Fifth Division

PEOPLE OF THE PHILIPPINES, S8-14-CRM-0239Plaintiff,

Present:- versus-

JOSE "JINGGOY" P.ESTRADA, ET AL.,

Accused.

LAGOS, J., Chairperson,MENDOZA-ARCEGA, andCORPUS-MANALAC, JJ.

Promulgated:I

x-----------------------------------------------------------------------------------------xRESOLUTION

LAGOS, J.:

This resolves the following:

1. Accused Janet Lim Napoles' Urgent Motion for Transfer ofCustody to the Department of Justice Witness ProtectionProgram (DOJ WPP), dated 15 March 2018;

2. The prosecution's Comment and/or Opposition (to accusedNapoles' Urgent Motion for Transfer of Custody to the DOJ WPP)dated 26 March 2018; and

3. Accused Napoles' Manifestation with Compliance, dated 21March 2018.

After a thorough review of the abovementioned pleadings, andwithout awaiting anymore any comment from the DOJ, this Courtresolves to DENY the motion filed by accused Napoles.

Article IX, Section 1 of the 2012 Implementing Rules andRegulations (IRR) of Republic Act No. 6981 clearly states:

ResolutionPeople v. Estrada, et al.S8-14-CRM-0239Page 2 of 2

SECTION 1. Witness Under Detention. - The Program shallnot take into its protective custody a witness who is under detentionfor any lawful cause. However, it shall direct the custodian of thewitness to take necessary measures to ensure the safety andsecurity of the witness.

Accused Napoles is under detention for a lawful cause as shehas been denied bail in the plunder case. The DOJ WPP cannot,therefore, take her under protective custody. Even the provisionaladmittance by the DOJ into the WPP is questionable, because of theabove-cited IRR provision. The best that can be done, assuming thatthe threats and intimidation against her are true, is for the DOJ to directthe Bureau of Jail Management and Penology - National CapitalRegion (BJMP-NCR) Taguig Jail Female Dormitory to take necessarymeasures to ensure her safety.

WHEREFORE, in view of the foregoing. accused ~Japoles'Urgent Motion for Transfer of Custody to the DOJ WPP is DENIED forutter lack of merit.

SO ORDERED.

~AGOSAssociate Justice

Chairperson

WE CONCUR:

MACORPU -MANALAC

Asso ate Justice