TWO children and a brother of detained businesswoman Janet Lim-Napoles have appealed to the Sandiganbayan to reduce the P22.3-million bail bonds set by the anti-graft court to P690,000 for each of them in their case.
In an urgent motion dated Dec. 12, Napoles siblings Jo Christine and James Christopher and their uncle, Ronald Francisco Lim, asked the anti-graft court to reduce their bail bonds.
“All accused-movants beg to the wide latitude granted to this honorable court to exercise its discretion not only in the administration of justice but in the welding of safeguards against oppression for persons who are presumed innocent,” the siblings said.
Based on the affidavits of the whistleblowers submitted to the National Bureau of Investigation, Napoles’ children and her brother were allegedly involved in an alleged scam, specifically the pocketing of P900 million worth of government money from the Malampaya funds that were intended for the victims of typhoons ‘‘Ondoy’’ and ‘‘Pepeng.’’
The Napoles siblings and Lim cited Section 9, Rule 114 of the Rules of Court as basis for the Sandiganbayan to consider their appeal, particularly on their financial ability to pay the bail bond.
The respondents, through their lawyers, said the recommended bail must only be “high enough to assure the presence of the defendant when required but not higher than is reasonably calculated to fulfill this purpose.”
They added: “The recommended amount of bail for all of the accused have no other effect but to confiscate and practically bring both accused to their knees even though bail itself is not intended as punishment.
“The amount recommended is not only overwhelming but disheartening as well. It has practically stripped any person presumed innocent of the constitutional right of temporary liberty.”
The respondents assured the Sandiganbayan that they were “willing to cooperate during the proceedings of these cases up to its faithful conclusion.”
In its comment dated Dec. 14, the prosecution said all three must present supporting documents proving that they were unable to pay the original recommended amount of P22.3 million.
