DOJ: No exoneration for Janet as PDAF witness

The Department of Justice (DOJ) yesterday dismissed fears that detained businesswoman Janet Lim-Napoles will be exonerated in the multibillion-peso pork barrel scam now that she is being considered as a state witness in possible new cases.

Justice Secretary Vitaliano Aguirre II assured the public that Napoles – tagged as the brains of the pork barrel scam or the misuse of the Priority Development Assistance Fund (PDAF) of lawmakers – will continue facing trial for plunder and other cases filed against her at the Sandiganbayan. She will also remain in detention.

“The pending cases she is currently facing in the Sandiganbayan will not be affected in any way as her status as state witness will apply only to possible new cases,” Aguirre told The STAR.

He also explained that the coverage of Napoles under the government’s witness protection program (WPP) is only provisional and preliminary following her submission of affidavit where she reportedly tagged more lawmakers and former executive officials.

“As to her status to be a state witness, it involves both legal and factual questions that we are now studying before we finally decide whether to put her under WPP,” he said.

“If she passes the criteria, only then could she qualify for full coverage of WPP. Otherwise, her provisional admission will be cancelled if it is found that her affidavit is not credible,” the DOJ chief pointed out.

While under provisional WPP coverage, Aguirre said Napoles could be given additional security by the government, but she could not be accorded yet full benefits of a state witness, including allowances.

“As of the moment, physically she is not under WPP due to provisional status of admission. If requested by subject we can provide additional security and as warranted, address medical needs,” Aguirre clarified, contrary to reports that Napoles has already been given additional security under the program.

Napoles had reportedly tagged Senators Franklin Drilon, Antonio Trillanes IV and Leila de Lima and other lawmakers as well as former budget secretary Florencio Abad in her affidavit.

Napoles supposedly tagged Abad as her “mentor” or “instigator” of the scheme.

But Aguirre would not confirm or reveal contents of Napoles’ affidavit, saying it is still under assessment and verification.

But he explained that Napoles could qualify as state witness – despite being tagged as the brains and most guilty of the scam – if it would be proven that there was somebody from government with the same level of guilt.

“In the event that there are two accused with almost the same level of guilt – one who committed plunder and the other the instigator – the Supreme Court said that it will be the instigator who is considered most guilty,” Aguirre explained, reiterating the eligibility of Napoles as a possible state witness.

Who’s afraid of Janet?

Aguirre made the clarification on the status of Napoles as he lamented criticisms on the DOJ that he attributed to political rivals of the Duterte administration.

“Of course, this is again an opportunity for political attacks against us, but we have to do our job. They are just afraid of their own shadow, especially De Lima,” he said.

Aguirre believes that those who reject the idea of Napoles becoming state witness could be those who have been trying

all these past years to prevent her from spilling the beans on the scheme that siphoned billions of government funds.

He recalled that the tell-all affidavit of Napoles was submitted to De Lima when she was still DOJ secretary during the Aquino administration, but was never pursued.

“There were many officials in that Napolist submitted to De Lima, but nothing happened. Now why are they so afraid of what Napoles has to say?” he pointed out.

To recall, the businesswoman dubbed as “pork barrel queen” submitted to the DOJ during the previous administration a list of all lawmakers she had allegedly transacted with.

She tagged about a dozen senators and over 100 congressmen who benefitted from the PDAF scam that involved bogus non-government organizations, but only former senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Bong Revilla and several congressmen were indicted in Sandiganbayan.

This supposed “selective justice” in the PDAF scam was among the issues raised by President Duterte during his campaign in the 2016 polls. The probe in the previous administration has been widely criticized as it only targeted three opposition senators then – Enrile, Estrada and Revilla.

When Napoles expressed willingness to tell all in the PDAF under the new administration last year, Senators Grace Poe and Francis Escudero even called for reopening of the pork barrel scam inquiry.

The DOJ also started its reinvestigation on the PDAF scam in November last year.

Aguirre tapped the National Bureau of Investigation to build up cases from evidence submitted to his office by former Manila councilor and anti-pork barrel advocate Greco Belgica and other sources as well as initial statement by Napoles.

Vice President Leni Robredo has opposed the government’s decision to put Napoles under the WPP, saying it would be a “mockery of the judicial system.”

“To say that she’s (Napoles) eligible to be a state witness is a mockery of the justice system,” Robredo said in an interview in Baguio City on Saturday.

The Vice President attended yesterday the graduation ceremony of the Philippine Military Academy in Baguio City, which was also graced by President Duterte.

Robredo said Napoles – who was accused of masterminding the P10-billion pork barrel scam using a network of bogus nongovernment organizations – “led the mockery of our laws.”

“She was the architect who created the fake NGOs that funneled in huge amounts of taxpayers’ money. Now, if she becomes a state witness, what will be the implication?” Robredo said.

Napoles is facing five counts of the non-bailable offense of plunder and numerous graft charges across six of the seven divisions of the Sandiganbayan.

Robredo said the DOJ’s partial admission of Napoles to the WPP came just days after the agency dismissed the charges against suspected drug lords Peter Lim and Kerwin Espinosa.

“It seems like the DOJ wants to tell the people that we should no longer believe in our justice system,” she said.

“The sad thing is, we see our institutions slowly eroding,” Robredo added.

Earlier, Ombudsman Conchita Carpio Morales said her office would block any attempt to make Napoles a state witness.

Sen. Francis Escudero clarified yesterday that the current bid of Napoles to be admitted to the WPP would only cover cases which have not yet been filed in court and not those already being litigated and where she is a co-accused.

Escudero said that Napoles cannot be placed under the WPP for the pork barrel scam cases that are being tried and where she has been identified as the mastermind.

This would leave the cases involving the alleged misuse of the Malampaya fund as well as the controversial disbursement acceleration program (DAP) of the previous administration, where Napoles’ lawyers claim she has information to share.

But even in these two issues, Escudero raised doubt as to what exactly Napoles could contribute that would qualify her as state witness.

With regard to the question of whether or not the Malampaya fund could be used for purposes other than what is specified under the law, Escudero said that Napoles would be in no position to answer this.

What Napoles could testify on is with regard to allegations that the Malampaya fund went to some non-government organizations, which may have been created by Napoles just like in the pork barrel fund scam.

With regard to the legal issues surrounding the DAP, Escudero said that Napoles is not the right person to answer these questions.

“So what is her motive? If she has something valuable to say then why didn’t she say them before?” Escudero told radio station dzBB.