MANILA, Philippines – Janet Lim Napoles, alleged mastermind of the multi-billon pork barrel scam, filed a motion for bail before a Makati Court on Monday, September 16.

The motion is scheduled to be heard on Friday, September 20.

In an interview with Rappler, Makati Regional Trial Court Branch 150 Clerk of Court Diosfa Valencia said Napoles through her lawyers filed a motion allowing bail “alleging that the evidence of the prosecution is weak.”

Napoles is currently detained at Fort Sto Domingo in Sta Rosa, Laguna for serious illegal detention. Her brother, Reynald Lim, is also being charged. Lim is still at large.

READ: Napoles detained at Laguna fort

Serious illegal detention is a non-bailable case. However, Section 7 under Rule 114 of the the Revised Rules of Criminal Procedure says “no person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution.”

“The burden of proof to show that the evidence of guilt is strong is on the prosecution,” Valencia explained.

Valencia earlier cited the case of former Batangas Gov Antonio Leviste, charged with the murder of a long-time aide, another non-bailable offense. Leviste was allowed to post bail by the same Makati court.

The Napoles camp has filed several motions before the Makati court. Earlier, Makati RTC Branch 150 Judge Elmo Alameda denied a motion asking to inhibit himself from the case. 

READ: Judge in Napoles case won’t inhibit

Napoles was originally scheduled to be arraigned on September 9 but pending 3 motions filed by Napoles and Lim’s camp, Judge Alameda deferred arraignment to September 23.

READ: Court postpones Napoles arraignment

He later junked Napoles’ motion to further defer her arraignment and suspend proceedings. 

Depending on Judge Alameda’s decision on Friday, however, Napoles’ arraignment could be pushed back, according to Valencia. -Rappler.com