Santiago: Put Napoles in ordinary jail or ‘enhanced facility’ she paid for

By: Maila Ager - 11 years ago

Senator Miriam Defensor-Santiago. INQUIRER FILE PHOTO

MANILA, Philippines–Instead of giving her special treatment, Janet Lim-Napoles must be compelled to choose either to stay in an ordinary jail at goverment expense or stay in an “enhanced facility” but at her own expense, Senator Miriam Defensor-Santiago said on Friday.

“If Napoles as a person in interest refuses to cooperate by providing information, which she apparently possesses about the scam, there is no acceptable reason why government should single her out for a special treatment among more than 70,000 detention prisoners in the country,” Santiago said when she spoke before the First Business Law Conference at the De La Salle Univbrsity in Manila.

“In fact, the very discrimination in her favour is what constitutes a violation of the Equal Protection Clause,” she said.

Santiago noted that the Philippine National Police was spending P150,000 a month for Napoles, who is currently detained at the Fort Sto Domingo in Sta Rosa, Laguna, compared to a measly P1,612 being spent a month for an ordinary prisoner.

In a year, she said, the government would have to spend P1.8 million for Napoles compared to only P20,000 for an ordinary detainee.

“This personality apparently enjoys a rockstar status because of allegations that she committed the crime of plunder in the P10 billion pork barrel scam,” Santiago said.

But the senator noted that Napoles has “stubbornly insisted on the right to remain silent” when she testified at the Senate blue ribbon committee investigating the scam.

“Since Napoles refused to cooperate, it appears that there is no substantial reason for the government to pay so much money just for one individual, when it does not provide the same services for all other prisoners facing criminal charges and denied the right to bail,” she said.

“Accordingly, I humbly propose that President Aquino should save public funds by allowing prisoners to pay for their stay.”

The first legal basis, Santiago said, was the President’s ordinance power under which he could issue a memorandum order concerning a particular office of the government.

The second legal basis, she said, was the President’s residual powers as provided for by the Administrative Code.

“The President has the power to compel a detention prisoner to make a choice between ordinary stay in jail at government expense, or stay in an enhanced facility at the prisoner’s own expense,” Santiago said.

“In the United States, this is called the pay-for-stay program,” she said.

The senator said American courts have upheld “pay-for-stay” programs in such states as Texas, California, New York, Illinois, Tennessee, Ohio, and Pennsylvania.

Santiago said the PNP should immediately bill Napoles under a Cost Recovery Program if she wishes to avail of protection for her security and safety.

“Then the obvious remedy is for her to apply to the Witness Protection Program administered by the Department of Justice,” she added.