Sandigan wants whistle-blowers present at Bong’s next hearing

MANILA, Philippines - The Sandiganbayan wants pork barrel scam whistle-blowers led by Benhur Luy to appear in the next hearing on the bail petition of Sen. Ramon Revilla Jr., saying their testimonies would speed up the process of determining justification for his request since they are his main accusers in the plunder case.

First Division magistrates headed by Associate Justice Efren de la Cruz told the ombudsman prosecution team led by acting director Joefferson Toribio to first present Luy and the others since they are the strongest and most important witnesses against the senator.

The other members of the First Division are Associate Justices Rafael Lagos and Rodolfo Ponferrada.

The next bail hearing is on Thursday next week.

Ponferrada questioned why the whistle-blowers were listed as fourth, fifth and sixth in the list of witnesses to be presented by the prosecution when they are the ones who should be presented first.

The other whistle-blowers aside from Luy are Merlina Suñas and Marina Sula. 

Toribio, in response, promised to present the three next week. He said they had to present Commission on Audit’s Susan Garcia and a Department of Budget and Management (DBM) official in yesterday’s hearing because they were the ones scheduled to testify.

The Sandiganbayan’s directive was also in response to Revilla lawyer Joel Bodegon’s insistence that ombudsman lawyers be required to lay their best cards on the table so as to speed up deliberation on the bail petition.

Ombudsman prosecutors are also working on a possible team-up with lawyers of the Department of Justice (DOJ) in an apparent bid to strengthen the three different prosecution teams tasked to handle the plunder and graft cases filed against Revilla and Senators Juan Ponce Enrile and Jinggoy Estrada.

Sources said yesterday the presence of Justice Undersecretary Jose Justiniano and prosecutor Hazel Decena-Valdez in Sandiganbayan hearings was a prelude to their being officially designated as members of the prosecution panels.

Sources said Ombudsman Conchita Carpio-Morales had written Justice Secretary Leila de Lima requesting for lawyers to join the prosecution teams.

Justiniano and Decena-Valdez are only awaiting written instructions from De Lima, who had reportedly informed them verbally of their new assignments.

The two had worked on the same case but on different sides.

Justiniano was a lawyer in the Subic Rape Case representing US Marine Lance Corporal Daniel Smith. Decena-Valdez was a member of the prosecution team representing victim  “Nicole.” 

Absurd defense

At Malacañang, presidential spokesman Edwin Lacierda said they cannot figure out how President Aquino and his officials can provide evidence to defend Revilla from plunder charges as the senator’s camp has suggested.

Revilla’s camp has listed Aquino, Interior and Local Government Secretary Manuel Roxas II, former President and Rep. Gloria Macapagal-Arroyo, among others, as his “witnesses to be presented.”

“It is very interesting to know that, since he is going to present them as his witnesses, how will the appearance or their testimony add any iota of defense or assistance to his claim that he did not profit, because obviously this is a case of plunder against him, so he has to prove that he did not personally gain from the PDAF (Priority Development Assistance Fund) scam,” Lacierda said.

He said a basic “requirement” for one to be considered witness is the latter’s “personal knowledge” of incidents surrounding a case.

Lacierda said making Aquino and his officials testify for Revilla may be part of defense strategy.

“So, as far as we are concerned, we have a line – a set of witnesses who will testify against Sen. Bong Revilla as to how he made personal gain and why the case of plunder should move forward against him,” Lacierda said.

“Who are the witnesses? The witnesses are the whistle-blowers who have personal knowledge on the transaction between Sen. Bong Revilla and some of his staff members,” he pointed out.

He said the accusations against Revilla – that he had pocketed P224.5 million in kickbacks for projects bankrolled using his pork barrel – took place before the Aquino administration assumed office.

“And for that particular reason, we are really interested in how President Aquino, the members of the Cabinet, Secretary Leila de Lima will help in proving that Senator Bong Revilla did not make money in the PDAF scam, which happened before 2010,” Lacierda said.

No JPE arraignment?

 Meanwhile, Enrile might not be able to attend his arraignment today for plunder and graft charges due to poor health, Chief Superintendent Alejandro Advincula, director of the Philippine National Police-Health Service (PNP-HS), said.

He said doctors at the PNP General Hospital have been monitoring the health condition of Enrile, whose blood pressure recently shot up to 200/90.

“His blood pressure has already stabilized but we have to continuously monitor his health. In other cases, having high blood pressure could lead to stroke,” said Advincula in a press briefing. “We need to control that to prevent complications from setting in.”

Asked if the senator can attend today’s arraignment, Advincula said: “That will depend... Once his vital signs are stable particularly his BP, then he can go to his arraignment.” – With Aurea Calica, Cecille Suerte Felipe