CASE 2017-0037: JANET LIM NAPOLES VS. SANDIGANBAYAN (THIRD DIVISION), (G.R. NO. 224162, 07 NOV 2017, REYES, JR., J.) (SUBJECT/S: PLUNDER; WHEN EVIDENCE OF GUILT IS STRONG) (BRIEF TITLE: NAPOLES VS. SANDIGANBAYAN)

 

DISPOSITIVE:

 

WHEREFORE, premises considered, the petition is DISMISSED. The Resolutions dated October 16, 2015 and March 2, 2016 of the Sandiganbayan in SB-14-CRM-0238 are AFFIRMED, there being no grave abuse of diseretion amounting to lack or excess of jurisdiction on the part of the Sandiganbayan.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

“It is precisely the enormous gravity of this offense that capital punishment is imposed on those who are found guilty of Plunder. As a necessary consequence, provisional liberty is not easily granted to those accused of this offense, especially when the prosecution more than amply established that the evidence of guilt is strong. This is a matter of judicial discretion on the part of the trial court, which this Court may nullify only when the exercise of this discretion is tainted with arbitrariness and capriciousness that the trial court failed to act within the contemplation of law.

 

Unfortunately for Napoles, there is nothing in the records showing that the Sandiganbayan gravely abused its discretion amounting to lack or excess of jurisdiction. It has discharged its judicial duty in Napoles’ bail application in a manner consistent with the applicable laws and jurisprudence, and the evidence on record. Thus, all things considered, the Court finds no reason to nullify the assailed Sandiganbayan Resolutions. The Petition for Bail of Napoles was correctly denied.”

 

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SCD-2017-0037-Janet Lim Napoles Vs. Sandiganbayan (Third Division) 

 

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