Miriam: Napoles disqualified as state witness

MANILA, Philippines - The central figure in the alleged P10-billion pork barrel scam should not be allowed to escape prosecution by turning into a state witness, Senator Miriam Defensor-Santiago said Thursday.

Santiago, a former Regional Trial Court judge, said Napoles is disqualified to be a state witness since she may not satisfy a requirement.

"There are five requirements for an accused to turn state witness. One of the requirements is that the accused does not appear to be the most guilty. Napoles will find it extremely difficult to prove her claim that she is not the most guilty," said Santiago.

Santiago said that under the Rules of Court, the requirements for the discharge of an accused to be a state witness are:

• There is absolute necessity for the testimony of the accused whose discharge is requested;
• There is no other direct evidence available for the proper prosecution of the offense committed; except the testimony of the accused;
• The testimony of the accused can be substantially corroborated in its material points;
• The accused does not appear to be the most guilty; and
• The accused has not at any time been investigated of any offense involving moral turpitude.

She said if Napoles is charged with plunder in court, her lawyer must file a motion for discharge as a state witness.

"If the court denies the Napoles motion for discharge as state witness, her sworn statement shall be inadmissible in evidence," she said.

The court will then proceed to conduct a hearing in support of the discharge, with the prosecution required to present evidence and the sworn statement of witnesses.

Santiago said the discharge of Napoles to be state witness will consider the following factors: her actual and individual participation in the commission of plunder, as well as the gravity or nature of the acts committed by Napoles compared to those of her co-accused.

"It appears that Napoles was the mastermind, so she is the most guilty. Further, it appears that many persons in her syndicate know of the conspiracy to plunder, so her discharge is not absolutely necessary," Santiago said.

Meanwhile, Senate Blue Ribbon Committee chair TG Guingona said that he "was really appalled that there is even a discussion whether Ms. Napoles can be a state witness."

The Blue Ribbon Committee on Thursday started its probe into the pork barrel scam.

Guingona and Senator Chiz Escudero wants Napoles to face the Senate probe.

”I’m planning to request for her presence but it should go through the decision of the court,” said Escudero, explaining that the court has jurisdiction over the businesswoman after the arrest warrant was issued against her.

Guingona also believes that Napoles’ presence in the Senate inquiry “is very important.”

”Everybody wants to hear from her regarding this controversy,” he said.