Source: The Daily Tribune
The issue on whether to summon Janet Lim-Napoles, the alleged brains behind the P10-billion pork scam to testify before the Senate blue ribbon committee (BRC) may have been resolved, but whether she will be allowed by the Makati Regional Court, which has custody over her, to appear before the Senate may be posing a new problem for the Senate.
But the vice chairman of the BRC, Sen. Sergio Osmeña lll, said not even the court, which already has jurisdiction over the person of Napoles, can prevent her from appearing before the Senate, although he also admitted that the court does have the power to prevent Napoles’ appearance but it has to have a very good reason for preventing her appearance before the upper chamber.
“The court has the power over her. As far as my understanding of it, the court has custody and the court can find a reason. It can say, for example, that there is a danger to her life, but the court has to give a good reason for stopping her from attending. In which case the (BRC) will say, ‘we’ll conduct it instead in her quarters.’ But I don’t think the court has a reason to prevent her from appearing,” the senator told reporters in an interview yesterday. “I guess technically the court can disallow, but the court has to find a good reason. Otherwise, we can bring it to a higher court if what is being asked of them is already an abuse of the power,” he said.
In which case, Senate probers can opt to hold the hearing in Fort Sto. Domingo where Napoles is currently detained.
“We can hold the hearing inside there. Or we can hold a hearing inside Crame, or in a more secured place, if security is the concern of the court,” he said. “It depends how far and how deeply and how wide she is willing to talk. After all, I really expect her to say ‘this is now in a court of law, anything I say may and will be used against me, so I invoke my right to remain silent’,” Osmena added, responding to questions on the significance of getting the testimony of Napoles.
The senator said the possibility is not remote in scheduling the resumption of the committee hearing, the soonest could be next week, if they will be able to attend to all the required process of securing the permission of the courts and other concerns such as security arrangement for Napoles. “But we can’t be sure because we’re still trying to finish the budget (bill).
The senator stressed that the BRC will issue the subpoena and served to Napoles by the Sergeant-at-Arms, after which he is expected to bring this to the court.
As to security arrangements, Osmena said he’s not in any position to make any assurance at this point, “but certainly every precaution will be taken.”
The Manila prosecutor, in another development, dismissed the perjury charges filed by Janet Napoles against Benhur Luy, with the prosecutor from the Office of the Manila City Prosecutor dropping her case against Luy, claiming that Napoles had failed to prove the falsity of her allegations of illegal detention and involvement in the anomalous transactions with government officials.
Assistant City Prosecutor Philger Noel Inoejas stated in a consolidated resolution, that they found no probable cause to indict Merlina Suñas, a former employee of Napoles, and other members of Luy’s family, namely, Arturo Francisco Luy, Gertrudes Luy, Arthur Luy and Annabelle Uy, for perjury.
The dismissal recommendation was approved by Senior Assistant City Prosecutor Rector Macapagal and Senior Deputy City Prosecutor Eufrosino Sulla recently.
Three separate cases of perjury have been filed by the jailed Napoles last September against Suñas, Luy and Luy’s family for affidavits stating, among others, that she and her brother Reynald Lim had detained Luy against his will and that Napoles was involved in anomalous transactions with government officials involving public funds.
On March 23, Luy, a relative of Napoles, stated that in his 10-year employment with the JLN Group of Companies, he had uncovered the JLN company’s involvement in the fertilizer fund scam, pork barrel anomalies, ghost projects and other illegal transactions with the Department of Agriculture, National Agri-Business Corp., Technology Resource Center and Department of Agrarian Reform, among other agencies.
However, because of his discoveries he then decided to quit JLN and planned to start his own business but he was detained by Napoles and Lim at the Bahay ni San Jose in Makati City on Dec. 20, 2012.
However, because of his discoveries he then decided to quit JLN and planned to start his own business but he was detained by Napoles and Lim at the Bahay ni San Jose in Makati City on Dec. 20, 2012.
His detention ended after agents of the National Bureau of Investigation were given information on his detention, rescued him on March 22.
But Napoles claimed that Luy had voluntarily committed himself to a retreat to reflect on the wrongdoings he committed and to repent his immoral lifestyle involving reprehensible sexual conduct with men and the use of prohibited drugs.
The embattled Napoles also stated that Luy and Suñas were not her employees since JLN Group of Companies does not exist.
She cited a Department of Justice resolution dated June 10 dismissing the original criminal complaint for serious illegal detention, which has since been reversed. She was subsequently arrested and is now held at Fort Sto. Domingo in Sta. Rosa, Laguna.
But the claims and aversion of Napoles was not given weight by the city prosecutor as it noted that she failed to prove the falsity of the respondents’ statements other than her bare allegations under oath that those are false.
For the sake of argument, the resolution dismissing the perjury charges, that if the statements of respondents were not true the accuser though failed to convincingly prove the falsehood had been done deliberately and willfully.
For the sake of argument, the resolution dismissing the perjury charges, that if the statements of respondents were not true the accuser though failed to convincingly prove the falsehood had been done deliberately and willfully.
The resolution also noted that the claim of of respondents in their affidavit were all based on personal knowledge and belief and based on the good faith interpretation of events.
Meanwhile, with Napoles summoned to the Senate, Speaker Feliciano Belmonte said it is time for Napoles to provide her testimony over allegations tagging her as the brains behind the P10-billion pork barrel scam, to end all speculations.
Belmonte pointed out that Napoles’ testimony can put an end to speculations and debunk self-serving statements that some people have made on the issue.
“We might as well hear Janet Napoles instead of people speculating, virtually claiming to be her spokesmen, and saying all sorts of thing to favor themselves. This is good. Let’s hear from Napoles,” he told reporters in an ambush interview.
Bayan Muna Rep. Carlos Zarate, said Napoles should testify and tell all instead of either denying her involvement in anomalies or refusing to say anything and invoking her right to self incrimination.
“If she keeps her silence, the people will think all the more that she is protecting someone. If she speaks up, even if she gets implicated, it will at least lighten her burden, whatever burden she has now,” he said, adding that Napoles has already been implicated in the alleged irregularities anyway, he added.
By Angie M. Rosales, Pat C. Santos and PNA
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