Stalled ‘pork’ probe leaves Janet wondering

MANILA, Philippines - Janet Lim-Napoles is wondering if the Department of Justice (DOJ)’s stalled investigation on her tell-all account on the Priority Development Assistance Fund (PDAF) scam would ever come to conclusion.

Her lawyer Bruce Rivera told The STAR yesterday that they are ready to submit pieces of evidence to the National Bureau of Investigation (NBI) to prove the involvement of nine incumbent and two former senators in the scam.

“They asked for the documents, but they did not follow up,” he said. “They have not talked to us since then.”

Rivera said Napoles has decided to present the boxes of evidence “in the proper forum.”

“We will just fight it out,” he said, referring to the string of plunder and other criminal cases his client is facing in the Sandiganbayan.

Rivera said “they are already silent on this, so your guess is as good as mine,” when asked if they think the DOJ was not serious in pursuing the investigation. 

Last August, Justice Secretary Leila de Lima said the NBI was finalizing its report on the so-called “Napolist” and she was expecting it “in the next few days.”

Investigators were just verifying special allotment release orders (SAROs) on the projects of lawmakers and other officials implicated by Napoles in her supposed tell-all affidavit, she added.

De Lima said the NBI was checking with implementing agencies identified in the SAROs to determine if the funds really went to their intended beneficiaries.

Only people in the list whose funds went to bogus NGOs would be charged before the Office of the Ombudsman in the succeeding batches of cases, she added.

The DOJ has not yet released the report after almost three months.

De Lima did not give any reply when asked several times on the reason for the delay.

The DOJ has recently focused on the corruption charges against Vice President Jejomar Binay even before concluding its investigation on the “Napolist” and the third batch of PDAF cases.

The Office of the Ombudsman is already investigating the case of Binay.

Binay’s spokesman Cavite Gov. Jonvic Remulla told The STAR he was also wondering why De Lima has not concluded the investigation on the Napolist.

“We would like to urge her to be true to her mandate,” he said.

“Both issues (Napolist and Binay) are in the interest of the public, but the Napolist issue came first.

“In the spirit of justice and fair play, there will never be closure unless the justice department retains blinders of the lady justice and administers commensurate actions to all those involved. There should be no distinction between allies and opposition.” 

Napoles had tagged nine incumbent senators in the PDAF scam: Ramon Revilla Jr., Jinggoy Estrada, Juan Ponce Enrile, Vicente Sotto III, Loren Legarda, Aquilino Pimentel III, Alan Peter Cayetano, Gringo Honasan and Francis Escudero.

Former senator Manny Villar and the late former senator Robert Barbers were also in the list where Napoles affixed her signature and two thumb marks.

Budget Secretary Florencio Abad, a former Batanes lawmaker, as well as Technical Education and Skills Development Authority director-general Joel Villanueva were also included in the list.

The list included the names of 69 incumbent and former lawmakers, as well as those of alleged conduits for the implementing agencies like the Departments of Agriculture and Agrarian Reform, National Livelihood Development Corp., Technology Resource Center and National Agribusiness Corp.

Reyes accused of delaying proceedings

Government prosecutors accused yesterday Jessica “Gigi” Reyes of employing delaying tactics to prolong proceedings after the former chief-of-staff of Senate Minority Leader Enrile asked the Sandiganbayan to cancel additional preliminary conferences and questioned procedures in the pre-marking of documentary evidence.

The prosecution headed by Deputy Special Prosecutors John Turalba and Manuel Soriano Jr. asked the anti-graft court’s Third Division to reject Reyes’ motion so the preliminary conference could be completed by Jan. 30 next year and trial could begin as scheduled on Feb. 2, 2015.

“If accused Reyes truly believes that she is not guilty of the crime of plunder, she must prod her defense counsels to properly proceed with the trial of this case and avoid the filing of (these) pleadings,” the prosecutors said.

Prosecutors said the pleadings tend to delay the proceedings in the case against Reyes.

That’s why the Sandiganbayan was asked to reject the same for being dilatory and for utter lack of merit, they added.

In her latest motion, Reyes said Associate Justice Samuel Martires, a senior member of the Third Division, had directed that photocopied documents be marked provisionally.

Defense counsels interpreted this to mean that the word “provisional” would be stamped on the documents.

However, prosecutors said the directive was for court interpreter Rodel Ebreo to mark documents or exhibits that are not original without stamping the word “provisional,” and that he must not affix his signature.  

“As explained during the Oct. 1, 2014 preliminary conference, the purpose of this procedure is to avoid erasures on the document marked if and when the original copy of the source document is later on presented by the prosecution,” they said.

Prosecutors said some of the documentary exhibits that Reyes is questioning are not photocopies but certified true copies or duplicate originals.

“At this stage of the proceedings, accused Reyes has no right to object to the marking of the plaintiff’s documentary evidence,” they said.– With Michael Punongbayan, Ding Cervantes