Makati court agrees to Napoles Senate appearance

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Napoles is being summoned by the Senate blue ribbon committee for the pork barrel scam probe

CRUEL, UNUSUAL. Lawyer Lorna Kapunan asks authorities to make conditions at the Laguna fort "humane." File photo by PNP SAF

MANILA, Philippines – The Makati court hearing the serious detention case against Janet Lim Napoles has agreed to let the accused appear at a Senate hearing on the pork barrel scam.

On Monday, October 21, Judge Elmo Alameda of Makati City Regional Trial Court Branch 150 signed an order allowing Napoles to appear before the Senate blue ribbon Committee on November 7, or until her testimony is completed.

The order came on the same day Sen. Teofisto Guingona III, chairman of the Blue Ribbon Committee, notified the court that it has issued a subpoena to Napoles to attend the Senate hearing.

Napoles is the woman at the center of the P10B scam surrounding the Priority Development Assistance Fund (PDAF), which the Senate committee is investigating.

Alameda said that the court recognizes the power and authority of the blue ribbon committee to conduct inquiries in aid of legislation.

“To contend that only the judiciary can exercise exclusive discretion over the person of Janet Lim Napoles despite the subpoena issued by the Blue Ribbon Committee is to violate the principle of co-equal and coordinate powers of these branches of government,” said the order.

The court order also directed PNP Special Action Force (SAF) commander Director Carmelo Valmoria to provide adequate security escorts for the safe travel of Napoles to the Senate and back to her detention place in Fort Sto. Domingo, Sta. Rosa, Laguna.

Retired Supreme Court Justice Vicente Mendoza, a noted constitutionalist, told Rappler then that “nothing prevents” the Senate from calling Napoles to its probe. But as a matter of “inter-departmental courtesy,” the Senate should notify the court to avoid conflicts in the schedule of hearings.

Even Guingona on Monday was confident that the court would not prevent Napoles from testifying at the Senate. 

Senate President Franklin Drilon first refused to sign the subpoena for Napoles on September, writing twice to Ombudsman Conchita Carpio-Morales to ask for her opinion on the matter.

After Morales replied that she “submits to the collective wisdom” of the Senate, Drilon then planned to consult his fellow Senators in a caucus. But Drilon preempted that caucus, and announced on October 16 that he will sign the subpoena for Napoles– with a report from Michael Bueza/Rappler.com

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