Sereno warns PDAF probers vs aive prosecution by Joel R. San Juan

Sereno warns PDAF probers vs selective prosecution

by Joel R. San Juan

Business Mirror

 

CHIEF Justice Ma. Lourdes Sereno on Thursday warned the investigating and prosecutorial arms of the government against violating the rights of the accused in the multibillion Priority Development Assistance Fund (PDAF) or “pork barrel” fund scam as this may lead to the dismissal of the cases that have been filed against them.

Sereno on Thursday led the 116th Philippine Independence Day ceremony at Aguinaldo Shrine in Kawit, Cavite and took the opportunity to shed light on the legal processes and issues on the PDAF, which the Supreme Court (SC) earlier declared as unconstitutional.

In her prepared speech released to the media, Sereno reminded the Commission on Audit (COA), the Office of the Ombudsman and the Department of Justice (DOJ) not to go beyond their mandates in performing their duty to investigate and prosecute corrupt government officials.

She also advised the three government agencies not to be swayed by opinion polls in the filing of cases against those involved in the PDAF controversy and other forms of corruption in the government.

The country’s chief magistrate also acknowledged that the issue on PDAF has dampened the country’s celebration of its independence.

“Ang ibig sabihin po nito: Para maitama ang baluktot na gawain, kailangan ay masigasig ang mga institutusyon tulad ng COA, Ombudsman, DOJ at mga korte sa pagtupad sa kanilang tungkulin na imbestigahan, usigin at parusahan ang lahat ng mga nagkasala,”Sereno said in her prepared speech.

“Ngunit dapat hindi sila lalampas sa kapangyarihang ibinigay sa kanila ng batas at dapat ay walang pang-aabuso sa mga na-aakusahan. Dapat nating tandaan na ang mga pagkilos ng mga institutusyong ito ay dapat ayon sa mga panuntunan at hindi bara-bara; dapat ito mapanuri at hindi reaksiyon lamang sa opinionpolls; at dapat ito ay maliwanag, masusi, kumpleto at patas, upang ang mga aksiyon laban sa mga tiwali ay hindi mapawalang-bisa sa bandang huli,” Sereno said.

Several respondents in the PDAF cases filed petitions before the Supreme Court seeking to nullify the Ombudsman’s finding of probable cause to indict them for plunder and graft on the ground of violation of their constitutional right to due process.

Sen. Ramon “Bong” Revilla Jr., one of the respondents in the plunder and graft case, asked the Court  to invalidate the Ombudsman’s resolution  and to appoint a new special panel of investigators to reconduct a preliminary investigation in connection with the multibillion-peso pork-barrel fund mess.

The senator said the Ombudsman’s violation of his constitutional right to due process nullifies its finding of probable cause against him for plunder and warrant the re-conduct of the preliminary investigation.

He claimed the Ombudsman failed to furnish him all the affidavits that were used as bases for the filing of plunder and graft case against him.

He said it is basic in constitutional law that in criminal proceedings, due process requires  giving the respondent or the accused a chance to rebut the allegations made against him.

Sen. Jinggoy Estrada, Revilla’s co-respondent in the case, also filed a similar petition before the Court, claiming that the Ombudsman violated his constitutional right to due process when it denied his request to be furnished with copies of the affidavits of the government witnesses and whistleblowers in the P10 billion PDAF scam.

Estrada accused Ombudsman Conchita Carpio-Morales of violating the Ombudsman’s own Rules of Procedure, Rule 112 of the Rules of Court,  Article 3 of the Constitution and various decisions of the High Tribunal for rejecting his request.

Just recently lawyer Jessica Lucila Reyes, the former chief of staff of Sen. Juan Ponce Enrile, accused the Ombudsman of “selective prosecution” in granting immunity to whistleblowers and other accused in the scam despite evidence directly linking them to the scam.

Sereno also appealed to people calling for immediate action against those involved in the scam to respect the rule of law and to let legal processes take its course.

While she understands that there are many people who are getting impatient with the procedure, she said there are a lot of legal issues that need to be addressed first before the case can proceed smoothly.

“There are many questions that need answers like: Who should be prosecuted and who should be accepted as state witness? Why are there only few charged? Should all those charged be imprisoned immediately or would they be given special treatment? What do the various lists mean and what is the power of the Commission on Audit and the Department of Justice?” Sereno said in Filipino.

Sereno said she would not give her answer on the said questions as she expects the issues to be brought up to the Court.

However, SC Spokesman Theodore Te said Sereno extemporized the majority of her speech and that the PDAF part was not actually delivered.

“She extemporized a lot of her speech so if you want to mention the PDAF part, you’ll have to say it was in the printed version of the release which was not mentioned by her,” Te told theBusinessMirror.

In the actual speech she delivered, Sereno only asked the people to remain vigilant on issues hounding the government, but did not specify.

“Let us continue our involvement in national issues and remain vigilant so that together, we will be able to fix our nation and enjoy the fruits of our freedom,” she said.