Stalled ‘pork’ probe blamed on SAROs

MANILA, Philippines - Justice Secretary Leila de Lima blamed yesterday the months-long delay in the fact-finding investigation on the tell-all account of Janet Lim-Napoles on the difficulty in getting the special allotment release orders (SAROs) on projects of lawmakers tagged in the so-called “Napolist.”

In an interview, De Lima said investigators are taking some time gathering the SAROs. “They are not easily obtained,” she said.

SAROs can be obtained from the Department of Budget and Management (DBM), whose secretary, Florencio Abad, is in the “Napolist.”

De Lima said the National Bureau of Investigation (NBI) is also validating the claims that Napoles had made in her affidavit.

“It is still being determined who from that list really had deals with Napoles through her NGOs (non-government organizations),” she said.

De Lima said she had given the NBI until last August to complete the investigation.

However, she gave them another month to complete the gathering of SAROs since the list of lawmakers was quite long, she added.

De Lima said the extended deadline had already lapsed. “So I will follow up with the bureau,” she said.

Napoles submitted the list and her tell-all affidavit to De Lima last May. However, after about six months, the NBI still has not concluded the investigation.

Lim’s arrest warrant stays

The arrest warrant against Napoles’ fugitive brother Reynald Lim remains in effect after the Supreme Court (SC)   rejected his motion to have it quashed.

Judge Elmo Alameda of Makati Regional Trial Court Branch 150 had ordered Lim arrested on charges of  serious illegal detention filed by Benhur Luy.

In a resolution obtained by reporters yesterday, the SC First Division  dismissed Lim’s petition to quash the arrest warrant issued in August last year.

“It is evident from the order of Judge Alameda that the finding of probable cause was issued only after he reviewed the proceedings before the prosecutor and after he examined the documents presented,” read the SC decision.

The SC dismissed as “mere superfluity” and “a conjecture without empirical basis” the allegation of Lim that Judge Alameda was in inordinate haste in issuing the assailed order.

“Unless the contrary is proven, the presumption of regularity in the performance of his official functions is sustained,” read the SC decision.

“Such presumption prevails unless it is overcome by clear and convincing evidence.” 

The SC said its power to review actions of trial courts on criminal cases is limited.

“Under Rule 45 of the Rules of Court, only questions of law may be raised in, and be subject of, a petition for review on certiorari since this Court is not a trier of facts,” read the SC decision.

The SC affirmed the Court of Appeals rulings in November last year and last July upholding the validity of the arrest warrant.