Aguirre defends Napoles' transfer to Witness Protection Program

MANILA, Philippines — Justice Secretary Vitaliano Aguirre II on Monday morning blasted critics of the recent DOJ resolution that admitted main pork barrel scam suspect Janet Lim Napoles to the Department of Justice's Witness Protection Program.

Aguirre noted that many officials were named in the plunder suspect's "Napolist" submitted as evidence to Sen. Leila de Lima in 2014 during the latter's tenure as justice secretary, though "nothing happened."

"Why are they so afraid of what Napoles has to say?" Aguirre said, according to a report by The STAR.

He also gave hint that Napoles' testimony can possibly implicate De Lima, a staunch administration critic who is still currently incarcerated for drug charges. De Lima ordered an investigation that led to the arrest of Napoles and three senators.

Aguirre claimed that the current situation was an "opportunity for political attacks" against the DOJ.

Aguirre also sent a message to critics of the controversial resolution, accusing them of "being afraid of their own shadow."

In defending the move to make Napoles witness, Aguirre invoked a supposed Supreme Court precedent—that when a private accused is as equally guilty of a crime as another holding government office, the latter is the "most guilty" allowing the former to qualify as state witness.

Aguirre, however, has yet to cite specific jurisprudence to support his stand on the matter.

Napoles' state witness status will be applicable to new possible cases arising from the supposed Disbursement Acceleration Fund or DAP scam during the administration President Benigno Aquino III, Aguirre said. It will not apply to pending cases under the country's graft and corruption court, the Sandiganbayan.

'Napolist' revived

The "Napolist" submitted by alleged pork barrel scam mastermind Napoles came into light when she named over 100 legislators as her "clients" in an affidavit submitted in 2014 during the trial of Sen. Bong Revilla for his alleged involvement in the scam.

Last year, she petitioned before the First Division of the Sandiganbayan to have the affidavit excluded as evidence but was opposed by state prosecutors in their comment. Napoles argued that the submission of the affidavit dated May 12, 2014 and sworn statement dated May 26, 2014 constituted a violation of her right against self-incrimination.

Napoles alleged that the affidavit was submitted only to then-Justice Secretary Leila de Lima.

On March 16, the Department of Justice confirmed Napoles had been under the Witness Protection Program since February 27, although she is not physically under the DOJ's custody.

Her lawyers have confirmed that they have filed an urgent motion before the Sandiganbayan to transfer Napoles from Camp Bagong Diwa where she is currently incarcerated to the custody of the DOJ. 

Napoles is still facing several graft and plunder charges before the Sandiganbayan.

Ombudsman Conchita Carpio-Morales has stated that the move will not affect the status of Napoles' pending cases. The ombudsman has also maintained that it is her office that has the sole prerogative to decide who may become a state witness. — with reports from Edu Punay