Anti-pork petitioners won’t seek inhibition of Noy justices

MANILA, Philippines - Petitioners calling for the possible impeachment of President Aquino over the Disbursement Acceleration Program (DAP) and Priority Development Assistance Fund (PDAF) would not seek the inhibition of his five appointees in the Supreme Court (SC).

The group led by former Manila councilor Greco Belgica and presidential aunt Margarita Cojuangco said there is no need at this point to seek their inhibition since their plea for possible impeachment proceedings in their mandamus petition was only collateral.

“We only want impeachment if it’s warranted. The main purpose of our petition is not really to ask for the impeachment of President Aquino, but for the investigation and prosecution of all pork barrel misuse since 1991 and DAP funds as directed by the court,” Belgica told The STAR yesterday.

“What we ask for is just truth and justice and we must not allow crimes to go unpunished,” he said.

In a 45-page petition, the group asked the high court to issue a mandamus ordering Ombudsman Conchita Carpio-Morales to suspend DAP’s authors, proponents and implementors and pursue the investigation and prosecution of personalities involved in the PDAF scam.

In their prayer, petitioners sought the filing of an impeachment complaint against President Aquino – if necessary – after the ombudsman probe.

They stressed that “erring public officials remain scot-free” despite rulings of the high court, which voided the PDAF and DAP and ordered prosecution of officials who misused the PDAF. Belgica was the main petitioner in the PDAF case.

So far, only three senators – Juan Ponce Enrile, Ramon Revilla Jr. and Jinggoy Estrada – have been charged with plunder before the Sandiganbayan over the alleged multibillion-peso PDAF scam perpetrated by Janet Lim–Napoles. No official has been prosecuted so far in connection with the DAP.

“Despite the receipt of the petitioners’ letter, red flags raised by the Commission on Audit and sufficient time lapse, the ombudsman and the DOJ secretary have miserably failed to perform their public functions and duties to the detriment of the petitioners and the general public, as well as government,” petitioners said.

Apart from the ombudsman’s slow investigation, petitioners also lamented that the Department of Justice’s action is “sub-par” due to “selective prosecution.”

The group also expressed fear that with the slow investigation, vital pieces of evidence could be destroyed.

“Justice demands swift and just actions on the part of the public respondents concerned. Any more delay would further injure the national interest and lead the people to more frustration, not to mention the probability that vital pieces of evidence would be destroyed and the culprits remaining scot-free,” they argued.

“Considering that time is of the essence and there is great danger or risk that those involved would try to obstruct their investigation or prosecution, being in power, not to mention the need to put a stop to the interminable dilly-dallying and unwarranted excuses or dereliction of functions and duties of the concerned prosecutorial organs of the government, there is an imperious need for the honorable court to issue a writ of preliminary mandatory injunction directing them to act accordingly,” they added.

Belgica and Cojuangco were joined by Bishop Reuben Abante, Quintin San Diego, Rev. Jose Gonzales and former Biliran congressman Glenn Chong. They were represented by lawyer Manuelito Luna.

The high court in 2013 declared as unconstitutional the PDAF, commonly known as the pork barrel fund, and all the laws that created it. The high court also prohibited the future creation of laws to revive the fund.

On the other hand, the high tribunal declared certain acts under the DAP unconstitutional in July last year.

In both rulings, the high court ordered an investigation and prosecution of erring officials on the PDAF and also declared liable the proponents, authors and implementors of the DAP.