Lagman: Napoles admission to WPP premature
Published Mar 18, 2018 02:01 pm
By Ellson Quismorio
The provisional admission of "pork barrel scam" queen Janet Lim-Napoles in the government's Witness Protection Program (WPP) is premature, opposition Rep. Edcel Lagman (first district, Albay) argued today.
Albay 1st district Rep. Edcel Lagman
(FEDERICO CRUZ / MANILA BULLETIN) "The admission of Janet Napoles into the even if “provisional” is utterly premature because of the absence of a prior mandatory determination that she is qualified to be discharged from her pending plunder cases to become a state witness," said Lagman, a veteran lawyer and former House Minority Leader. Lagman said such procedure is required by Section 10 of Republic Act (RA) 6981 in relation to Section 17 of Rule 119 of the Rules of Court on criminal procedure. The acceptance into the WPP of Napoles had raised eyebrows from the opposition bloc in the House of Representatives since they believe it is as good as setting crosshairs on the previous administration in relation to the pork barrel scam. Uncovered in the middle of the Aquino administration in 2013, the scam involved the diversion of billions worth of lawmakers' Priority Development Assistance Fund (pork barrel) into the politicians' own pockets instead of livelihood and development projects for their constituents. Napoles facilitated this dubious scheme by establishing fake nongovernment organizations from which the money was funneled to. "From being the principal accused in the 'mother of all scams,' Napoles is on the verge of staging a 'great escape' with the consent of the Department of Justice (DOJ)," said Lagman in a jab at the current administration. Most guilty He went on to point out the most obvious reason why Napoles shouldn't be accorded WPP privilege. "If the 'affidavit' of Napoles supporting her admission as a witness under the WPP is still being assessed according to Justice Secretary Vitaliano Aguirre and Presidential spokesperson Harry Roque, why give her protective custody under the WPP as early as February 27, 2018 before the requisite process is completed?" Lagman asked. Section 10 of RA 6981 provides that “any person who has participated in the commission of a crime” to become a state witness for admission into the WPP must “not appear to be the most guilty." "Since Napoles is accused before the Sandiganbayan as the mastermind of the multibillion-peso pork barrel scam, she appears to be the most guilty, disqualifying her from becoming a state witness," Lagman stressed. He further said that Section 17 of Rule 119 of the Rules of Court specifically provides that “upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the State” when the court is satisfied that the said accused “does not appear to be the most guilty," among other prerequisites. Under the said Rule, the Special Prosecutor of the Office of the Ombudsman, who is prosecuting Napoles, will preliminarily determine that Napoles is qualified to be a government witness, and it is the Sandiganbayan where her plunder cases are pending which has the jurisdiction to grant her discharge as a state witness. "In either case, the secretary of justice [Vitaliano Aguirre II) or the director of the WPP has no role or authority," Lagman said)
Albay 1st district Rep. Edcel Lagman(FEDERICO CRUZ / MANILA BULLETIN) "The admission of Janet Napoles into the even if “provisional” is utterly premature because of the absence of a prior mandatory determination that she is qualified to be discharged from her pending plunder cases to become a state witness," said Lagman, a veteran lawyer and former House Minority Leader. Lagman said such procedure is required by Section 10 of Republic Act (RA) 6981 in relation to Section 17 of Rule 119 of the Rules of Court on criminal procedure. The acceptance into the WPP of Napoles had raised eyebrows from the opposition bloc in the House of Representatives since they believe it is as good as setting crosshairs on the previous administration in relation to the pork barrel scam. Uncovered in the middle of the Aquino administration in 2013, the scam involved the diversion of billions worth of lawmakers' Priority Development Assistance Fund (pork barrel) into the politicians' own pockets instead of livelihood and development projects for their constituents. Napoles facilitated this dubious scheme by establishing fake nongovernment organizations from which the money was funneled to. "From being the principal accused in the 'mother of all scams,' Napoles is on the verge of staging a 'great escape' with the consent of the Department of Justice (DOJ)," said Lagman in a jab at the current administration. Most guilty He went on to point out the most obvious reason why Napoles shouldn't be accorded WPP privilege. "If the 'affidavit' of Napoles supporting her admission as a witness under the WPP is still being assessed according to Justice Secretary Vitaliano Aguirre and Presidential spokesperson Harry Roque, why give her protective custody under the WPP as early as February 27, 2018 before the requisite process is completed?" Lagman asked. Section 10 of RA 6981 provides that “any person who has participated in the commission of a crime” to become a state witness for admission into the WPP must “not appear to be the most guilty." "Since Napoles is accused before the Sandiganbayan as the mastermind of the multibillion-peso pork barrel scam, she appears to be the most guilty, disqualifying her from becoming a state witness," Lagman stressed. He further said that Section 17 of Rule 119 of the Rules of Court specifically provides that “upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the State” when the court is satisfied that the said accused “does not appear to be the most guilty," among other prerequisites. Under the said Rule, the Special Prosecutor of the Office of the Ombudsman, who is prosecuting Napoles, will preliminarily determine that Napoles is qualified to be a government witness, and it is the Sandiganbayan where her plunder cases are pending which has the jurisdiction to grant her discharge as a state witness. "In either case, the secretary of justice [Vitaliano Aguirre II) or the director of the WPP has no role or authority," Lagman said)