Napoles won’t be summoned MANILA, Philippines - Businesswoman and alleged pork barrel scam mastermind Janet Lim-Napoles will not be compelled to attend the Senate hearings on the controversy in deference to an advice from the Office of the Ombudsman, Senate President Franklin Drilon Jr. said yesterday. Drilon refused to sign the subpoena issued yesterday by the Blue Ribbon committee directing Napoles’ custodians to make her attend the hearing on the pork barrel scam tomorrow. In declining to sign the subpoena, Drilon invoked a legal opinion from Ombudsman Conchita Carpio-Morales, who explained that it would not be advisable at this time for Napoles to appear before the Blue Ribbon committee chaired by Sen. Teofisto Guingona III. Senate independence cited For Sen. Francis Escudero, the Senate many not abide by the legal opinion of the ombudsman, citing its independence as well as its duty to conduct inquiries in aid of legislation. Escudero pointed out that the prohibition may apply only when a case is under preliminary investigation by the ombudsman. Guingona said he was disappointed with Drilon’s position on the matter, saying it was tantamount to relinquishing a power enjoyed by the Senate. “If the Senate President refuses to defend the power of the Senate, I must continue to defend it myself. The Senate cannot surrender its powers without a clear legal justification. Allow me again to discuss the legal basis of the Senate’s power,” Guingona said. “If the Senate President can allow the whistle-blowers to come before the Senate, I see no logical reason why he should prevent the Blue Ribbon committee from summoning Janet Lim-Napoles,” Guingona said. “If we accept the invocation of the ombudsman’s power to protect the confidentiality of matters before it, then the Senate President should not have signed the subpoena for the whistle-blowers,” Guingona argued. Guingona said he was aghast at “the different but unreasonable treatment between the whistle-blowers and Janet Lim-Napoles.” Guingona said Drilon’s position raises the question as to what is so confidential about Napoles’ possible testimony that it cannot be made under oath before the Senate Blue Ribbon committee. “It just does not make logical and legal sense,” he said. “We have to emphasize that the ombudsman, in her letter, did not prohibit the Senate from calling Janet Lim-Napoles,” he said. “While we respect the ombudsman’s advice, we cannot follow it. The Senate is independent from the ombudsman. The Senate is not bound by the advice of the ombudsman,” Guingona said. Guingona also emphasized that the power of the Senate to conduct investigation in aid of legislation is enshrined in the Constitution. philstar/headlines/2013/09/25/1237820/napoles-wont-be-summoned
Posted on: Wed, 25 Sep 2013 00:25:47 +0000
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