MANILA, Philippines - Malacañang has left to Justice Secretary Leila de Lima the task of investigating the allegations of the lawyer of Maguindanao Gov. Esmail Mangudadatu that Undersecretary Francisco Baraan III and prosecutors handling the Maguindanao massacre case received a P300-million bribe to weaken the prosecution’s case against some of the accused.
Speaking to reporters, presidential spokesman Edwin Lacierda yesterday said De Lima and Baraan, who oversees the prosecutors, are in the best position to look at the allegations, which have been going on for some time now.
“I’m sure all of us in government, and I think media in particular, monitor the Maguindanao trial case... We would like to see, again, a conviction in this Maguindanao massacre trial case,” he said.
Speaking to reporters, De Lima dared lawyer Nena Santos, who made the allegations, to prove that Baraan and the prosecutors received the bribe from members of the Ampatuan clan.
“If the accuser is serious, then I challenge them to file the proper case,” she said.
Fellow private prosecutor Prima Jesusa Quinsayas joined Santos in making the allegations last week.
De Lima believes the allegations were based on an unsound argument.
“Simply because she rejected the P300-million alleged bribe offer of the Ampatuan, it already went to public prosecutors?” she asked. “That is simply preposterous. That’s a big jump in conclusion.”
De Lima questioned why Santos would want to wait after the end of her term before revealing what she knows.
“Show me the evidence,” she said. “Why would she wait for my exit here in DOJ? Go ahead.”
Lacierda said Baraan had explained his side, including the conflict between the public and private prosecutors on the resting of the prosecution’s case.
“In any criminal procedure, there may be differences between the approach taken by the private and the public prosecutor,” he said. “But, procedurally speaking, it’s the public prosecutors who have control and supervision.”
Lacierda said Santos opposed Baraan’s move as they still have to present evidence.
“Nena Santos is a friend,” he said. “She would text me, but... because I’m not involved in the investigation or in the prosecution, we would defer to Secretary of Justice Leila de Lima.”
Santos and De Lima were classmates in law school, and they could discuss issues surrounding the case, Lacierda said.
Lakmudin Saliao, a witness under the Witness Protection Program (WPP), said over Bombo Radyo the P20-million bribe for Baraan was part of the P50 million for the panel of prosecutors given through lawyer Sigfrid Fortun.
Saliao, a former aide of accused Andal Ampatuan Sr., had previously made allegations of bribery against officials involved in the Maguindanao massacre case.
He was the one tasked to talk to Fortun about the matter because he was then working for Andal Sr., he added.
Lacierda said De Lima would have to decide whether the prosecutors should be reshuffled because of the allegations.
“Maybe, before suggesting anything, Secretary Leila de Lima is in a better position to discuss amongst themselves whatever differences they (have) and to look into those allegations of corruption,” he said.
Lacierda is confident that the case against the accused is strong.
“We have already presented the witnesses that have identified the participation of some of the accused,” he said.
“Again, but this is a long process. It has already been four years and it is only now that we are resting the case... In the estimation of the public prosecutors, there is more than enough evidence to sustain a conviction.” – With Edu Punay