Signed list has only 3 senators – Palace

Only 5 former congressmen in signed list 

MANILA, Philippines - Any unsigned affidavit from alleged pork barrel scam mastermind Janet Lim-Napoles is “a mere scrap of paper,” Malacañang said yesterday, as it disclosed that only three senators and five former congressmen were included in the signed one submitted to Justice Secretary Leila de Lima.

Presidential spokesman Edwin Lacierda said the signed affidavit submitted to De Lima would be given merit and not the other lists circulating, including the one from presidential assistant for rehabilitation and recovery Panfilo Lacson.

“In law, what we call unsigned affidavit, it’s a mere scrap of paper… That’s the reason why you have to have a name signed; you have the name sworn to because you’re now saying – I’m willing to stand by this statement. I’m ready to face those who are going to question me,” Lacierda told a news conference.

“That’s the start of the investigation proper. The President has always said that,” he said.

On President Aquino’s statement that the Napoles lists with the Department of Justice were a “work in progress” and could be “mere scraps of paper” too all this time, Lacierda said De Lima had emphasized that there was indeed an “initial affidavit” signed by Napoles and notarized and submitted to the justice secretary on Tuesday.

“But the same covers only the lawmakers (three senators and five former congressmen) in the first batch of PDAF (Priority Development Assistance Fund) cases already filed, and the Malampaya Fund,” he said.

Lacierda said De Lima was waiting for a complete affidavit that they hope would cover “the entire list.”

“It’s not (the) DOJ/ NBI (National Bureau of Investigation) which is preparing it but Napoles herself, as assisted by her counsels. The President’s instruction is for DOJ/NBI to vet/evaluate her allegations and, as always, to proceed where the evidence would lead us,” De Lima said.

Lacierda said he did not have any information if Aquino had discussed  with Budget Secretary Florencio Abad, Agriculture Secretary Proceso Acala and Technical Education and Skills Development Authority director general Joel Villanueva their alleged involvement in the scam.

“But how does one answer allegations in an affidavit which is unsigned, which has not been sworn to? We have a process that requires an investigation, a preliminary investigation,” he said.

“Let me just walk you through it. Somebody files an affidavit complaint, it is investigated, it is reviewed by the Department of Justice in the case of government officials. If there’s a case it will be passed on to (the) ombudsman for further evaluation. And at which point, the ombudsman will decide whether to file a case before the Sandiganbayan,” Lacierda said.

“Where are we in this process right now? We have not yet even seen the affidavit, the signed affidavit,” he pointed out. He said the media appeared to be coming out with “snippets” of an affidavit that was apparently unsigned.

“But accusations are not proof. We have a saying in the criminal process: He who alleges must prove the same. Who is proving what? Ms. Napoles has not yet signed whatever affidavit there was. So we just have to wait (for) that process,” Lacierda said.

Lacierda said it would be easy to accuse any official of wrongdoing but that an allegation cannot be buttressed by merely having Special Allotment Release Order numbers as proof, as one broadsheet had done.

Lacierda said an investigation would always take time, like five months in the case of whistle-blower Benhur Luy.

He said the Napoles lists might not take that long to investigate but the process would show the thoroughness, determination and commitment of investigators to make sure that airtight evidence exists to justify the filing of a complaint.

“Regardless, friend or foe – and I’m saying this very emphatically – friend or foe, they are going through and analyzing wherever the evidence will take us,” Lacierda said.

He said the DOJ must thoroughly evaluate accusations, otherwise, any Tom, Dick and Harry can just accuse anyone of wrongdoing and make him guilty in the eyes of the public.

“For that particular reason, we are asking the public to wait for – to look for evidence, wait for the evidence to come out,” he said.

Face to face

With their names appearing in some of the lists, Senators Miriam Defensor-Santiago, Francis Escudero and Senate Majority Leader Alan Peter Cayetano want a face-to-face confrontation with Napoles and with other individuals who had something to do with the lists in a public hearing.

“Presumably, there are other people who, like me, are innocent, but whose names and identities have been stolen. Therefore, by analogy with criminal proceedings, the Senate Blue Ribbon committee should grant to the innocent senators all the constitutional rights enjoyed by the accused in criminal proceedings, namely, the right to meet the witnesses face-to-face, and to have compulsory processes to secure the attendance of witnesses and the production of evidence in his behalf,” Santiago said.

Cayetano said he has formally requested Blue Ribbon committee chairman Teofisto Guingona III to immediately reopen the hearing on the pork barrel scam and to summon Napoles, her husband, Luy, De Lima, Lacson and all the other whistle-blowers.

Guingona said he would call for a caucus of the members of the committee “so as to discuss how to proceed.” But he stressed he would wait for the submission of the affidavit of Napoles before convening a caucus.

“I am willing to face any and all of my accusers. Those who wish to destroy my name should do so face to face and provide details of their accusations. I will answer all of their questions and I will answer them before the Filipino families whom I have sworn to serve,” Cayetano said.

Escudero, for his part, said Napoles should release her signed affidavit and speak under oath “to once and for all settle the score.”

“It is reckless for Napoles to falsely drag my name in her con dealings because there simply isn’t any grain of truth there. And I think it is equally reckless for third parties who have no personal knowledge on the matter to parrot lies at the expense of their credibility,” he added.

Escudero also said he suspects that there was dagdag-bawas (padding-shaving) in the Napoles list.

“There are at least three lists, which came from only one source – Mrs. Napoles. They were given to three different persons – Secretary (Leila) de Lima, former senator Ping (Panfilo) Lacson and (whistle-blower) Sandra Cam. And yet the lists do not match as to the names mentioned,” he said.

He said he was among 11 senators in the “Napolist” turned over by Lacson to the Senate Blue Ribbon committee.

“I was included there, but I am not in the list of Benhur Luy and in the various reports of the Commission on Audit (COA) on the PDAF scam,” he said.

He said he has not figured in any COA report on irregularities in the use of PDAF.

“We should check these lists with the audit findings,” he added.

Escudero also said the Napoles list and her unsigned statement on the PDAF scam “are worthless scraps of paper.”

“They were circulated to muddle the pork barrel scam issue. And those behind their circulation have achieved their objective,” he said.

He said despite the muddling, he trusts that the people should be able to judge for themselves who misused public funds and who did not.  

Meanwhile, former Maguindanao congressman Didagen Dilangalen said he is set to file libel charges against Lacson and Napoles’ husband Jimmy for their “irresponsible” inclusion of his name in the pork scam lists.

“I am now consulting my lawyers for the filing of the libel cases,” he told The STAR in a telephone interview.

“My relatives and friends were calling me about the Napoles list,” he said. “Sen. Lacson is trying to play hero at our expense,” he said in an earlier interview.

Dilangalen denied knowing Napoles or misusing his PDAF. Marvin Sy, Perseus Echeminada, Jess Diaz