MANILA, Philippines - Special prosecutors of the Office of the Ombudsman asked the Sandiganbayan yesterday not to allow the issuance of subpoenas on the bank documents, travel records and property records of Benhur Luy and other whistle-blowers in the pork barrel scam case.
Government lawyers, in a comment and opposition filed before the anti-graft court’s Fifth Division, accused defense counsels of violating the rights of the witnesses who are not even respondents to the plunder charge filed against Sen. Jinggoy Estrada and trader Janet Lim-Napoles.
“Truth be told, the request is unnecessary and the subject matter thereof irrelevant,” the prosecution team headed by Deputy Special Prosecutors John Turalba and Manuel Soriano said.
The pleading was filed in response to the request of Napoles’ defense counsel Stephen David for the court to order the banks, the Bureau of Immigration (BI), the Land Registration Authority (LRA) and even the Land Transportation Office (LTO) to produce the records and documents of Luy along with that of other witnesses like Arthur and Gertrudes Luy, Abegail Umali, Marina Sula and Merlina Suñas.
David is asking the Sandiganbayan to issue subpoenas that would reveal how much money the witnesses have in banks, how many real properties they own, how have they been traveling and how many vehicles are registered under their names.
The defense panel is trying to get hold of such documents in an apparent effort to use the same against the witnesses to show that they themselves pocketed public funds through the pork barrel fund scam.
“With respect to the request for subpoena for the bank deposits, the mere allegation that it is grounded ‘in the interest of fair play and justice’ and that ‘the Filipino people are entitled to know the truth’ are mere platitudes that should be reserved for when the accused takes the witness stand,” ombudsman lawyers said.
As witnesses, the prosecution told the Sandiganbayan that Luy and his group have rights that include protection from irrelevant, improper or insulting questions, and not to be examined except as to matters pertinent to the issue in accordance with the Revised Rules of Court.
Ombudsman lawyers said “it is clear that the disclosure of the travel, real estate properties, vehicles and bank history records and transactions of prosecution witnesses… and any testimony relative thereto should not be allowed.”
“Hence, the request for subpoena should be denied,” members of the prosecution panel tasked to handle the case against Estrada stressed.
Luy is scheduled to again take the witness stand for cross-examination before the Sandiganbayan First Division today in the separate plunder case filed against Sen. Ramon Revilla Jr.
He is also a witness in the similar plunder case against Sen. Juan Ponce Enrile that is being handled by the anti-graft court’s Third Division.