Blue Ribbon wants JPE disbarred over ‘pork’

MANILA, Philippines - For tarnishing the reputation of the legal profession with their alleged involvement in the 2004 pork barrel scam, Senate Minority Leader Juan Ponce Enrile and other lawyers linked to the controversy should be disbarred by the Integrated Bar of the Philippines (IBP).

This was among the recommendations made by the Senate Blue Ribbon committee chaired by outgoing Sen. Teofisto Guingona III as it submitted its 122-page final report on the pork barrel scandal during the adjournment of the third and last regular session of the 16th Congress last Monday.

“From the beginning, there have been a number of lawyers involved in this case. The most prominent among them are Sen. Juan Ponce Enrile and Richard Cambe. There are also others who served as notaries, business advisers and legal counsels to the accused,” the Blue Ribbon panel report said.

Cambe was a long-time aide of detained Sen. Ramon Revilla Jr.

“To evaluate the conduct and fitness of these persons to continue serving as members of the legal profession and officers of the court, the committee refers these cases to the Integrated Bar of the Philippines and the Supreme Court for disbarment or disciplinary proceedings,” it added.

The panel made the recommendation in order to preserve the IBP’s integrity and reputation.

“The legal profession must be free from those who use their knowledge and skills to perform or facilitate criminal activity,” the report added. 

The recommendation was part of the final report submitted by the Blue Ribbon panel to the Senate’s Bill and Index Section last Monday.

The report dealt with the misuse of the pork barrel or Priority Development Assistance Fund (PDAF) of lawmakers, likening it to an endemic cancer that affected the integrity of the Senate.

It also affirmed the partial report released in 2014 that recommended the filing of plunder charges against senators Enrile, Revilla and Jinggoy Estrada

All three were detained at the Philippine National Police (PNP) headquarters at Camp Crame. Only Enrile was allowed house arrest in connection with the plunder charges filed against him, his former chief-of-staff Jessica “Gigi” Reyes and main pork barrel operator Janet Lim-Napoles.

The panel also recommended that the Senate committee on ethics and privileges investigate the accusations of plunder against the accused senators.

“Allegations of plunder reflect deplorably on the dignity, integrity and reputation of the entire Senate as an institution. This committee, having jurisdiction over ‘all matters relating to conduct, rights, privileges, safety, dignity, integrity and reputation of the Senate and its members,’ is duty bound therefore to conduct a hearing to discipline its members,” the report added.

However, since Guingona failed to discuss the report in plenary session, Senate President Franklin Drilon said the report loses its value because it was filed after the Senate had adjourned before 5 p.m. last Monday.

He said it suffers the same fate as that of the Blue Ribbon report on the Bangladesh heist/money laundering probe.

Pork barrel like cancer

The Senate Blue Ribbon committee likened the pork barrel scam to cancer, which spreads and affects the entire institution and the rest of the government.

“Corruption has been an endemic cancer that might lead the government to ruin,” read the report signed by a majority of 13 senators.

Due to lack of information, the committee said it was not able to establish the liability of the relatives of Napoles as well as other employees and friends as claimed by the whistle-blowers.

The panel recommended further investigation be conducted against Jo Christine Napoles, Reynaldo “Jojo” Lim, Ronaldo Francisco Lim, Evelyn Ditchon de Leon, Nova Kaye Dulay, Jaime Garcia Napoles, James Christopher Lim, Jeane Catherine Lim Napoles, John Christian Lim Napoles, Rosita Kawson Co, John Raymund de Asis, Felimon Agustin, Simplicio Gumafelix, Vanessa Eman, Jocelyn Piorato, Nemesio Pablo, Mylene Encarnacion, Cenevie Uy, Lilian Español, Jesus Castillo, Eulogio Rodriguez, Lorna Ramirez, Evelyn de Leon, Ronald John Lim and others that may later be identified.

The committee also recommended that Jose Antonio Evangelista, one of Enrile’s agents and designated signatories for PDAF-related documents, be further investigated. 

“Although his signature appears in some of the PDAF documents, not much else is known about his role. His knowledge about the operations in Sen. Enrile’s office may be useful,” the report read.

The panel also took note of the investigation made by the Office of the Ombudsman regarding the involvement of other members of the House of Representatives.

“While the committee is aware that only a handful of senators were involved, it cannot be denied that this has greatly damaged the reputation of the Senate as an institution. To restore the integrity of the Senate, and the trust and confidence of the public, an institutional purging is needed once and for all,” the report added.

“Fiat justitia ruat caelum (Let justice be done though the heavens fall),” it added.

“Approximately eight percent of the PDAF has been lost probably to corruption. If this matter of utilization of PDAF is descriptive of how other government funds are disbursed, then corruption is an endemic cancer insidiously spreading, and leading our very government to absolute ruin,” it said. 

The panel also recalled how the public expressed outrage over the PDAF misuse and the Supreme Court decision, which raised questions on how senators and congressmen disbursed their pork barrel funds.

“The flurry of tempestuous mass protests nationwide, even among Filipino communities abroad, expose the fury of the people who are thoroughly fed up and disgusted beyond endurance, over the brazen, depraved and routinary pillaging of our national coffers,” it added.

“This report relies heavily on the testimonies of the whistle-blowers and with good reason. Juxtaposition between the bare wholesale denials of Janet Lim-Napoles, and the positive, categorical and specific assertions of the whistle-blowers, who testified with confidence, is revealing. It is the best evidence determining who is telling the truth,” the report added.

“Mere denial cannot prevail over the positive testimony of a witness; it is self-serving negative evidence which cannot be accorded greater evidentiary weight than the declaration of credible witnesses who testify on affirmative matters,” the report added.