When will the other cases be filed?

EIGHT months ago, in July, 2014, we asked: What ever happened to the second and third batch of cases the Department of Justice announced it would file after the first batch it filed against Senators Juan Ponce Enrile, Jose “Jinggoy” Estrada, and Ramon “Bong” Revilla Jr. in connection with the Napoles pork barrel scam?

A second batch was finally charged last month – former congressmen from Masbate, Benguet, Cagayan de Oro, and Agusan del Sur, and one party-list solon. But there were supposed to be 356 congressmen and senators who were identified as having partaken of the Priority Development Assistance Fund (PDAF) from 2007 to 2009 and adverse findings were found against 100 of them by the Commission on Audit (COA).

So now, the new question is: When will the third batch of cases be filed? Will it take the DOJ another seven months before it files charges against the next group?

Many of the 100 with adverse findings in the COA report are incumbent elected and appointed officials allied with the Aquino administration. “Obviously, partisan lines are being followed here,” said Buhay party-list Rep. Lito Atienza.

Not one official close to the administration has been charged in the PDAF-Napoles case. Until this is done, the charge of “selective justice” will continue to haunt the administration. This charge was first aired by Senator Estrada when the Napoles case was investigated by the Senate and it has since been picked up by religious leaders and other critics of the administration.

The PDAF issue is distinct from that involving the Disbursement Acceleration Program (DAP). In the DAP case, the Supreme Court ruled that the creators of the unconstitutional program -- not the implementors or beneficiaries of DAP-funded projects -- are to be held responsible. If anyone claims “good faith,” that has to be proven in a court trial, the High Court said.

It is not likely that any DAP case will reach any court in the forseeable future. The DAP was formulated by President Aquino and Department of Budget and Management (DBM) Secretary Florencio Abad. A sitting President may not be charged in any court, only impeached in Congress. The DOJ, if its action on the PDAF cases is any indication, is not likely to file any DAP case against Secretary Abad.

So we are likely to wait several more months before any new PDAF or DAP cases are filed. We may have to wait until after the election in 2016.