Ruby granted immunity

MANILA, Philippines - Months after revealing details of her role in the pork barrel scam and making good on her promise to return P40 million she had amassed allegedly in collusion with two senators, Ruby Tuason is now officially a state witness.

By allowing her to turn state witness, the Office of the Ombudsman has in effect granted Tuason immunity from criminal cases filed against more than 30 individuals allegedly involved in the multibillion-peso Priority Development Assistance Fund (PDAF) scam.

The five-page immunity agreement between Tuason and the ombudsman does not cover her alleged involvement in the Malampaya Fund scam.

Ombudsman officials explained that Tuason will no longer be charged in court in connection with plunder and malversation cases so Sandiganbayan approval is not needed for her to turn state witness.

At Malacañang, Presidential Communications Operations Office Secretary Herminio Coloma Jr. welcomed the decision of the ombudsman and expressed hope “Ms. Tuason can reveal the whole truth, thus aiding in the people’s quest for justice.”

Tuason, former social secretary of Manila Mayor Joseph Estrada when he was president, had linked his son Sen. Jinggoy Estrada to the scam and confessed to delivering money to Gigi Reyes, then chief of staff of Senate Minority Leader Juan Ponce Enrile.

She said the money represented kickbacks from the senators’ pork-funded projects carried out by non-government organizations linked to alleged scam mastermind Janet Lim-Napoles.

Assistant Ombudsman and spokesperson Asryman Rafanan announced yesterday that Ombudsman Conchita Carpio-Morales approved the immunity deal upon the recommendation of a special panel of prosecutors and investigators tasked to conduct the preliminary investigation into the pork barrel fund anomaly.

The agreement requires Tuason to “testify on her personal knowledge” on the PDAF cases and “produce documents in her possession” to support the government case against those indicted on plunder and malversation.

Rafanan explained that under Republic Act No. 6770 or The Ombudsman Act of 1989, the ombudsman has the authority to “grant immunity from criminal prosecution to any person whose testimony or whose possession and production of documents or other evidence may be necessary to determine the truth in any hearing, inquiry or proceeding or in the furtherance of its constitutional functions and statutory objectives.”

She loses her immunity from prosecution if she fails to testify against her alleged accomplices in the scam.

Tuason first testified before the Senate Blue Ribbon committee last February after coming home from San Francisco to face the charges against her.  

Manager’s check

As she had promised, Tuason yesterday turned over to Morales and Justice Secretary Leila de Lima a manager’s check amounting to P40 million in the name of the Republic of the Philippines.

Rafanan, in a press briefing, described Tuason’s testimony as “necessary in determining the truth” behind the PDAF scam and stressed that the return of the P40 million was a “minor consideration” although part of the agreement.

He said the weight of the testimony of Tuason is more important than the money she had returned. She said the amount was consistent with available information, including her own testimony.

Rafanan dodged questions on the possibility of making Napoles a state witness or on whether there would be another probe on the list she gave to De Lima purportedly containing more names of lawmakers and other officials linked to the scam.

“Like what Ombudsman Morales said, the case is strong as it is, even without the testimony of Mrs. Napoles,” he emphasized.

The Office of the Ombudsman announced its decision last month finding probable cause to file plunder charges against Enrile, Estrada, Sen. Ramon Revilla Jr., and several other government officials and private individuals allegedly involved in the scam. The three senators have denied involvement in the anomaly.

De Lima, for her part, stressed that Tuason still faces charges before the ombudsman for her alleged involvement in the P900-million Malampaya fund scam.

“That case is still under evaluation of the FIO (field investigation office of the ombudsman). It’s not yet even in the preliminary investigation stage. So theoretically, she can still be held liable in that case,” she told reporters in an ambush interview.

Tuason had already denied involvement in the Malampaya scam, pointing to her late brother Remy Chan as the one who had knowledge of the anomaly.

De Lima explained that Tuason’s immunity means she would no longer be indicted in the Sandiganbayan on the plunder cases related to the PDAF anomaly.

De Lima reiterated that the final decision on the requests of other respondents to be allowed to turn state witness lies with the Office of the Ombudsman.

She revealed that the anti-graft body has not yet acted on such request from Technology Resource Center (TRC) head Dennis Cunanan, who is on extended leave. 

Disappointed

Meanwhile, a lawyer for the second batch of whistle-blowers in the pork barrel expressed disappointment with the ombudsman for prioritizing Tuason’s application for immunity.

Stephen Cascolan said they were surprised that Tuason’s application was easily granted by the ombudsman, when the applications of his clients have been pending for almost a year now.

“We are disappointed with the priority given to Ms. Tuason. We do not question the wisdom in granting her immunity but we are surprised that such action was taken by ombudsman considering the three written requests for immunity pending for almost a year with the ombudsman were never even replied to,” Cascolan told The STAR.

“The witnesses who have long sacrificed to build this case should have been granted immunity first. It is not enough that they are excluded as respondents,” he said. “If we want them to fight in the years to come we should give them the confidence to do so. If Ruby is granted immunity, it is reasonable for us to expect that immunity for our witnesses be released soon,” Cascolan added.

Cascolan, counsel for whistle-blowers Marina Sula, Monette Briones and Arlene Baltazar, said stealing becomes easy when the culprit is certain he or she can escape punishment by becoming state witness. Aie Balagtas See, Edu Punay, Delon Porcalla