MANILA - The prosecution on Friday insisted on using the affidavits of businesswoman Janet Lim Napoles in the plunder trial involving her and former Sen. Bong Revilla at the Sandiganbayan 1st Division.
On August 1, the court denied the request of Napoles to exclude her affidavit in the trial, for lack of merit.
But in her motion for reconsideration, Napoles said using her affidavits, which were originally intended for her possible admission to the Witness Protection Program, is in violation of the Witness Protection, Security and Benefit Act.
The prosecution argued that Napoles' motion is premature as the affidavit is only identified as a documentary evidence and has not yet been formally offered, which is done if the party has rested its case.
"There is absolutely no legal ground to ask for the exclusion of these affidavits which have not yet been utilized but simply marked as evidence for the prosecution pursuant to the directive of the Court to the parties to have all their documents marked during preliminary conferences," the prosecution said.
The said affidavits were executed by Napoles in 2014 when the pork barrel scam erupted, but the Office of the Ombudsman rejected her as a state witness.