Unless passport canceled, Jinggoy free to leave – DOJ

MANILA, Philippines - Justice Secretary Leila de Lima sees nothing wrong with Sen. Jinggoy Estrada’s departure for the United States this week to accompany his wife for medical tests.

De Lima yesterday said that while her office sought the cancellation of the senator’s passport to make sure he faces charges and possible trial for plunder over the pork barrel fund scam, there is currently no impediment to his flight.

“There being no action yet by the Department of Foreign Affairs on our request for passport cancellation, I see no impediment to Sen. Jinggoy’s announced trip,” she told The STAR in a text message.

De Lima said Estrada promised to go back to the country after accompanying his wife Precy in seeking a second opinion in the US regarding the lump and cysts recently diagnosed in her breast.

She believes the government can take the senator’s word “especially so that it’s accompanied by a publicly declared undertaking to return.”

Also yesterday, Malacañang said it is up to the Department of Justice (DOJ) to handle the issue on the cancellation of passports of the pork barrel scam suspects.

Presidential Communications Operations Office Secretary Herminio Coloma said De Lima is the government’s point person on the matter.

Since the plunder case against Estrada and two other senators tagged in the pork barrel scam - Juan Ponce Enrile and Ramon “Bong” Revilla Jr. - has not yet reached the court, there is no warrant of arrest against them yet.

Once an arrest warrant is issued by the Sandiganbayan after filing of the case by the Ombudsman, the three senators would no longer be able to leave the country and would have to face trial for a non-bailable charge.

The DOJ earlier placed the three on the immigration lookout bulletin to monitor their trips abroad.

The DOJ currently has no authority to stop flight of respondents in criminal cases due to a two-year-old temporary restraining order of the Supreme Court on its power to issue hold departure and watchlist orders.

Estrada had assured the public that he would not evade any charges filed against him in connection with the alleged misuse of the Priority Development Assistance Fund (PDAF) or the congressional pork barrel.

But De Lima stood firm on her decision to seek the cancellation of passports of the three senators and the others charged in connection with the scam.

She also belied the insinuation of Leyte Rep. Martin Romualdez, leader of the independent bloc in the House of Representatives, that she has resorted to “prosecution by press release” against perceived critics and political opponents of the Aquino administration.

De Lima said her public announcement of updates on pork barrel cases is merely for transparency in actions of the government to investigate and prosecute the respondents.

She also clarified earlier reports that no members or allies of the Liberal Party would be included in the second batch of PDAF cases the National Bureau of Investigation is targeting to file before the Ombudsman this week.

“I never said that no LP member will be included in the second batch. What I said was I don’t know or I’m not sure yet about the party affiliations of those in the list,” she said, adding that lawmakers are indeed in the next batch.

– With Aurea Calica