Janet Napoles. The relatives of alleged pork barrel scam mastermind Janet Lim Napoles indicted for alleged conspiracy in the transmission of public funds worth $20 million to the United States who are not facing charges in the country can be extradited, Justice Secretary Menardo Guevarra said.

The Department of Justice (DoJ) is now checking with the Bureau of Immigration on whether Napoles’ relatives who are named in the money laundering complaint are still in the country.

“Those (indicted Napoles kin) who are here and not facing charges in Philippine courts may be the subject of a request for extradition; those who are in the US may be immediately arrested,” Guevarra said.

“We shall continue to extend legal assistance to our US counterparts, including the possible extradition of certain persons who might be found here,” he added.

The US Department of Justice said Napoles, her children Jo Christine, James Christopher and Jeane, brother Reynald Lim and his wife Ana were indicted for money laundering and conspiracy.

American prosecutors said the money was used to purchase assets in the US, including properties and luxury vehicles.

Guevarra, however, stressed the cases against Napoles in the Philippines would have to be settled first before she can be extradited.

“Although we cannot extradite Napoles until her cases in Philippine courts have been terminated, the DoJ will extend all assistance to its US counterpart in prosecuting the money laundering cases and in ensuring the people’s money is returned in due time to our national treasury,” he added.

The DoJ has yet to receive a copy of the formal indictment from its American counterpart, Guevarra said.

“From what I know, there is a separate case for civil forfeiture in the US that will trigger the return of the laundered money to the Philippines. However, that forfeiture case will have to await the outcome of the money laundering and other fraud cases against Napoles and her family,” he said.

Two options are available concerning Napoles’ possible extradition to the US which are to defer extradition proceedings until the Philippine case is terminated and/or she has served her sentence or to temporarily surrender her to the requesting state so that she may be prosecuted there, subject to terms and conditions as may be agreed upon by the Philippines and the US.

The US has to file a formal request for the DoJ to commence extradition proceedings in a local court which will then determine whether Napoles can be extradited.

Napoles is being accused of creating bogus non-government organizations (NGO) or the so-called Napoles NGO that connived with politicians and local officials in the illegal use of the Priority Development Assistance Fund (PDAF) or pork barrel.

Former Senators Juan Ponce Enrile, Jose “Jinggoy” Estrada and Ramon “Bong” Revilla Jr., their staff and several other politicians and government officials have been tagged in the scam.

Napoles is currently detained in a facility at Camp Bagong Diwa in Taguig City after a legal intervention of Solicitor General Jose Calida paved the way for her acquittal by the Court of Appeals in May last year.

She spent only two years at the Correctional Institution for Women in Mandaluyong City following a guilty verdict meted out to her by a Makati City judge for the serious illegal detention of her cousin Benhur Luy, the primary whistle-blower in the scam.

Napoles had previously filed several petitions before the Supreme Court seeking to stop her indictment in the PDAF cases but these were all dismissed.