De Lima: Just wait for batch 2 of ‘pork’ cases

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Justice Secretary Leila De Lima says the filing of batch 2 of pork barrel cases may be delayed again to next week

NEXT WEEK? Justice Secretary Leila de Lima says the filing of the second batch of pork barrel scam cases may be delayed again and moved to next week. File photo by Leanne Jazul/Rappler

MANILA, Philippines – Lamenting the criticism of the delay in the filing of the second batch of pork barrel cases, Justice Secretary Leila de Lima told her critics to just wait.

De Lima told reporters on Tuesday, October 29, that the filing of the batch 2 of the cases may be moved yet again to next week as investigators and whistleblowers are “distracted” by the bail hearings in the separate serious illegal detention case filed with the Makati Regional Trial Court Branch 150.

The justice secretary said that the National Bureau of Investigation (NBI) will still exert best efforts to file the case this week but she will not force them “if it really will not be possible.”

“Only two days or two and a half [working] days are practically left so let’s not force it if they really cannot make it this week. Perhaps by next week they will be able to file the case but let’s please not announce it because … they will attack me again.”

Friday, November 1, is All Saints’ Day and a Philippine holiday.

Sen Jinggoy Estrada, one of the respondents in the first batch of cases, had blasted De Lima for the delay, suggesting that the government was singling out opposition lawmakers in the first batch.

Estrada and 37 others face a plunder, malversation of funds, bribery and graft and corruption complaint before the Ombudsman.

The justice department filed the first batch of cases in September, accusing the lawmakers of endorsing fake non-governmental organizations of alleged mastermind Janet Lim-Napoles as the recipient of their pork barrel funds in exchange for millions of pesos in kickbacks. 

In response to Estrada’s criticism, De Lima announced last week that the second batch of cases will be filed this week but the deadline may now be moved again.

“What is clear or what is sure is that there will really be a second batch. Now, the filing, we will see if we can make it. All the documents are there, being prepared by the team,” she said on Tuesday.

De Lima said that the second batch will still involve “Napoles-related NGOs.”

“It’s still Napoles-related transactions, meaning it will still be based on the knowledge of the whistleblowers plus documentary evidence. So it will still involve the [pork barrel funds] channeled through Napoles NGOs, those who transacted with Napoles,” De Lima said.

Napoles is facing a separate case of serious illegal detention filed by her second cousin and aide-turned-whistleblower, Benhur Luy. A Makati court is currently holding bail hearings on this case.

‘I told Jinggoy passport decision up to DFA’

De Lima said Estrada called him last Friday, October 25, to ask about her request to the Department of Foreign Affairs (DFA) to cancel the passports of those included in the first batch of pork barrel cases.

The justice secretary said Estrada was concerned because he and his wife plan to fly to the US to ask a second opinion about the lump and cysts found in her breast.

“I just told him anyway, the DFA will not be able to immediately act on the request because they will still study our suggestion. Second, the DFA will ask the subject of the letter requests to respond first. So ultimately, it’s the prerogative or the decision of the DFA,” she said.

De Lima has drawn criticism over the request for passport cancellation because no charge has been filed in court yet against those implicated in the scam.

She argued that the respondents are a flight risk, and that the Philippine Passport Act authorizes the foreign secretary to cancel passports “in the interest of national security.”

Under the Philippine Passport Act, a passport can be cancelled only if its holder:

  • is a fugitive from justice
  • is convicted of a crime
  • fraudulently acquired or tampered with the document.

Estrada and other lawmakers said De Lima’s move was premature and illegal. Leyte Rep Martin Romualdez called it “prosecution by press release.”

Tuason principal still unknown 

Aside from the pork barrel scam, the justice department also filed another batch of cases over the Malampaya fund misuse, where P900 million allotted to the agrarian reform department was allegedly siphoned off to ghost projects of Napoles NGOs.

Charged for both controversies was Ruby Tuason, the former social secretary of former President Joseph Estrada.

The NBI had said Tuason received P242 million in kickbacks from Napoles for an “unidentified principal.”

The statement sparked speculation that the principal could have been former presidential spouse Mike Arroyo, whose late cousin was Tuason’s husband. Arroyo has denied the charge.

De Lima said the NBI is still working to identify Tuason’s alleged principal.  

“We will just announce if we have identified [the principal] through clear, sufficient evidence and when we are ready to file either an amended complaint or a supplemental letter-complaint,” she said. – Rappler.com 

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