Senators on Napoles testimony: Circus or for legislation?

Ayee Macaraig

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Senators are divided on the decision of Sen Drilon not to summon Janet Napoles to the Senate pork barrel scam probe

'GOAL IS CHARGES.' Senators are divided on Senate President Franklin Drilon's decision not to summon Napoles to the Senate pork probe. File photo courtesy of PNP-PIO and PNP-SAF photographers

MANILA, Philippines – Will the testimony of alleged pork barrel mastermind Janet Napoles be in aid of legislation or a mere circus?

Senators are divided on the decision of Senate President Franklin Drilon to defer to the Ombudsman’s advice and not to summon Napoles to the chamber’s probe into the multi-billion pork barrel scam.

On Tuesday, September 24, Blue Ribbon Committee Chairman Sen Teofisto “TG” Guingona and Sen Francis Escudero disagreed with Drilon, saying the Senate is not bound by the Ombudsman’s advice.

READ: Drilon, senators clash on Napoles testimony 

Sen Bam Aquino told Rappler he is inclined to support Drilon’s decision. Like Guingona and Escudero, Aquino is a member of the Senate majority and is an administration ally. The senator is a cousin of President Benigno Aquino III.

“It’s a difficult issue. I see both sides. If these are the wishes of the Ombudsman, I would probably defer to her wisdom ….. I hope cooler heads will prevail and we can balance the wishes of the people to continue the blue ribbon hearings and at the same time, the needs of the Ombudsman to have some space to craft the necessary charges,” the senator said in an interview on Wednesday, September 25.

Aquino added, “The worst thing is if the Ombudsman is not able to do her job. The end game is for the people who committed these crimes to go to jail.”

In her letter to Drilon, Ombudsman Conchita Carpio Morales invoked the confidentiality rule of her office. She said Napoles’ Senate testimony may “adversely affect” the disposition of the plunder complaint.

Morales’ office is handling a plunder complaint the justice department filed against 3 senators and 35 other individuals for allegedly conniving to siphon off Priority Development Assistance Fund (PDAF) to fake non-governmental organizations in exchange for kickbacks. The Senate is holding a parallel probe into the scam. 

READ: 38 charged in pork barrel scam

READ: Plunder complaints vs Estrada, JPE, Revilla

Another senator from the majority, Sen Juan Edgardo “Sonny” Angara said Drilon may just be cautious in deferring to the Ombudsman’s advice.

“It may just be a question of timing but I have no doubt that the people’s desire for justice will be served, whether it is through exacting accountability and punishing corruption by the filing of cases or through having better institutional safeguards over public funds,” Angara said in a text message.

Escudero and Aquino said there is no word on whether or not the majority or all the senators will meet to discuss the issue. Escudero has said that the senators can overrule Drilon’s decision through a vote in plenary. Guingona is on leave on Wednesday.

‘Not a question of who’s supreme’ 

The Senate blue ribbon committee will resume its probe on Thursday, September 26. Drilon agreed to sign the subpoena for Justice Secretary Leila de Lima and the whistleblowers to appear.

Guingona has questioned this move, saying it did not make sense for Drilon to sign the subpoena for the whistleblowers and not the one for Napoles.  

The committee chairman said Drilon’s decision undermines the independence and power of the Senate to conduct legislative inquiries. Guingona said in past cases, the Senate was able to investigate cases that were pending at the Ombudsman.

Guingona also questioned the refusal of De Lima to bring the whistleblowers to the Tuesday hearing. De Lima cited the same Ombudsman confidentiality rule but Guingona said she cannot invoke this because she is not the Ombudsman.

READ: Don’t block Napoles probe – Guingona

Yet on Tuesday, Drilon stood by his decision.

“While my decision appears unpopular to media and a public eager to see Napoles grilled by the Blue Ribbon Committee, I have decided on the side of caution. I would rather err on the side of prudence,” Drilon said in a statement.

“What is at stake here is the ability of the Office of the Ombudsman to prosecute the PDAF misuse cases against the Napoles with dispatch and without delay. This is the principal goal of our justice system,” he added. 

Drilon also responded to Guingona’s statements.  

“This is not a question of which institution is ‘supreme’: the Senate or the Office of the Ombudsman. What we must uphold is supremacy of the rule of law. There is no question that serving the ends of justice and making our justice system work is our primary objective.”

‘No majority meeting’

Aquino revealed that prior to Tuesday’s events, the Senate majority did not hold a meeting to discuss Napoles’ testimony.

“That’s how it works here. That really talks about our independence. It’s not true that there is one person who is orchestrating everything. We’re all independent. We’re all tackling it in our own way. It’s better that way than to have one person orchestrating and we all have to toe a certain line.”

Drilon and Guingona ended up answering each other’s points through media statements, interviews and press conferences. Early Tuesday afternoon, Drilon said he tried to call Guingona but the chairman’s phone was turned off.

Aquino said he understood the points of both Guingona and Drilon.

“Maybe we can still talk to the Ombudsman to bring Napoles here. If she’s looking for time or space, we can give her that.”

‘Neutral’

The Senate minority also weighed in on the issue. Two of its members, Minority Leader Juan Ponce Enrile and Jinggoy Estrada, are respondents in the plunder complaint.

Sen Vicente “Tito” Sotto III said he is “neutral” on the issue.

“If [the testimony] is in aid of legislation, then she (Napoles) should be summoned but if it will just create a circus, then Secretary De Lima is right,” Sotto told Rappler.

Sen Nancy Binay said the Senate should just respect Drilon’s discretion as Senate President.

“It’s better for us to start discussing the other NGOs and findings of the Commission on Audit,” Binay told Rappler.

Binay has called on the blue ribbon committee to expand the probe to include NGOs not linked to Napoles.

Some members of the minority have criticized the Senate probe into the scam.

Estrada took a swipe at some of his colleagues who allegedly use the investigation to grandstand.

Estrada has said, “Ako naman yung senador, yung tao na hindi nagpapaepal, ‘di katulad ng ibang senador, paepal nang paepal. You can judge doon sa mga hearing [sino].” (I do not know. I am a senator who does not grab credit unlike others who keep grandstanding. You can judge from the hearings who.) – Rappler.com

 

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