Baguilat: Napoles as state witness could lead to 'witch hunt' vs opposition

BAGUIO CITY, Philippines — Making alleged pork barrel scam mastermind Janet Napoles a state witness could lead to a witch hunt against opposition lawmakers, a member of the Liberal Party not associated with the House majority bloc said.

“Making Napoles a state witness gives her the opportunity to spin facts in her favor and likely against opponents of the administration,” Ifugao Rep. Teodoro Baguilat Jr. said.

“Of course, given how deep she appears to be involved in these scams, she would say anything the administration wants to get her out of her predicament,” he added.

Lawmakers accused of involvement in the pork barrel scam — former senators Juan Ponce Enrile, Ramon "Bong" Revilla Jr. and Jinggoy Estrada — have claimed that the cases were meant as harassment against them for being in rival parties of the erstwhile administration Liberal Party.

Justice Secretary Vitaliano Aguirre II, who has announced a reopening of the Justice department's probe into the scam, has said that Napoles will not be freed even if she is admitted into the Witness Protection Program.

"Hindi po maaapektuhan ang kanyang mga nakapending na kaso. Wala pong relasyon. Hindi po maaapektuhan kahit ano kung siya ay papayagan natin maging witness dito sa reinvestigation ng [Priority Development Assistance Fund] scam," Aguirre said Monday in an interview on GMA's News To Go.

Under the rules of court, an accused who is "not the most guilty" can be a state witness if there is no other direct evidence of the crime except for the accused's testimony.

“Ms. Napoles does not appear to be not the most guilty, as she seems to be the author, instigator and mastermind of the scams. For instance, one does not form bogus organizations by accident; it can only be done with express complicity and active involvement, contradicting any indication of being not the most guilty,” Baguilat said.

“These transactions have scores of paper trails. In fact, none of these transactions can prosper without signatures and written approvals. How can there be no other evidence of these offenses except for Napoles’s testimony?” Baguilat asked.

The Office of the Ombudsman has also said that it will oppose Napoles' admission as a state witness.

Ombudsman Conchita Carpio Morales said that government prosecutors do not see Napoles as a candidate for state witness, saying the Office of the Special Prosecutor "will block any attempt to make her state witness."

She said the OSP, which is attached to her office, will determine whether Napoles will be a state witness, subject to court approval.