Napoles as state witness? Ombudsman, DOJ chief disagree

MANILA, Philippines - The Department of Justice (DOJ) and Office of the Ombudsman are on a collision course on the eligibility of detained businesswoman Janet Lim-Napoles as a state witness in the multibillion-peso pork barrel scam.

Ombudsman Conchita Carpio-Morales vowed yesterday to block any move to make Napoles a government witness in the Priority Development Assistance Fund (PDAF) anomaly.

“As far as the prosecution is concerned, Napoles is one of the principal benefactors of the scam. The Office of the Special Prosecutor will block any attempt to make her a state witness,” Morales told reporters.

Justice Secretary Vitaliano Aguirre II, on the other hand, said that  a person need not be the “least guilty” to qualify as a state witness. Instead, an accused can be a state witness if he or she is not the “most guilty” and the testimony is indispensable for a case to stand, he said.

Morales pointed out that since Napoles is undergoing trial before the Sandiganbayan, it is the anti-graft court that will have the final say on whether she can be allowed to testify in pork barrel scam cases.

The DOJ can conduct a reinvestigation on the PDAF scam, but its findings would not be binding on her office, Morales said.

Aguirre has stood pat on his opinion that Napoles may qualify as a government witness depending on the new statements she is set to submit to the DOJ.

He said Morales is entitled to her own opinion and agreed that the findings of the DOJ would be subject to review of the ombudsman’s office.

But Aguirre maintained that Napoles’ inclusion in the witness protection program (WPP) is a prerogative of the DOJ.

“If a case is filed before us for preliminary investigation and one of the parties is willing to be put under the WPP program, this is under the exclusive jurisdiction of the DOJ,” Aguirre said.

Should Napoles qualify for WPP coverage and the ombudsman questions it, Aguirre said the issue should be raised before the Court of Appeals or Supreme Court.

“We are most likely putting Napoles under the WPP after her application for provisional protective custody. In the event that the ombudsman objects, then let the court decide,” Aguirre said.

Napoles moved to Camp Bagong Diwa

Napoles has been transferred to the Bureau of Jail Management and Penology (BMJP) at Camp Bagong Diwa in Taguig City.

National Capital Regional Police Office chief Director Oscar Albayalde said Napoles arrived at the BJMP facility at around 4:45 a.m. yesterday, escorted by the Regional Police Safety Battalion (RPSB).

Albayalde said Napoles would be escorted by RPSB personnel in attending court hearings.

Citing threats to her life, she earlier asked to be moved to the National Bureau of Investigation detention facility in Manila from the Correctional Institute for Women in Mandaluyong.

Jessica Lucila “Gigi” Reyes, former chief-of-staff of former senator Juan Ponce Enrile, is also being held at the BJMP facility in Taguig.

Napoles is facing plunder cases before the Sandiganbayan along with Reyes, Enrile and former senators Jinggoy Estrada and Ramon Revilla Jr. in connection with the pork barrel scam. 

Witch hunt vs opposition feared

A witch hunt against opposition lawmakers is feared should Napoles become a state witness in the pork barrel scam.

Ifugao Rep. Teodoro Baguilat Jr. believes that the DOJ move to relieve Napoles of criminal liability is an attempt to punish opponents of the administration.

“She would say anything the administration wants to get out of her predicament,” Baguilat said.

The DOJ is set to conduct reinvestigation on the PDAF scam as Aguirre believed there was “selective justice” during the probe in the previous administration with only three of a dozen senators and only some of over 100 congressmen tagged in the scam actually indicted in court.  –  With Elizabeth Marcelo, Cecille Suerte Felipe, Artemio Dumlao