Napoles as state witness? Not yet on our mind, says De Lima

Published August 27, 2013 3:33pm

Fugitive Janet Lim-Napoles as state witness in the impending case on the "pork barrel" controversy?

For Justice Secretary Leila de Lima, such possibility has not even crossed their minds yet.

"Sa ngayon, hindi pa namin iyan iniisip [ang pag-turn sa kanya sa state witness]. Hindi pa namin iyan kino-consider. Sa ngayon, ang ginagawa ng NBI ay iyong pagsampa ng kaso against her and iyong mga implicated ng mga whistleblower," De Lima said during a press conference Tuesday at the Office of the Ombudsman in Quezon City.

"Hindi pa sa stage na iyan na puwede ba siyang gawing state witness or not. Magpakita muna siya, magsurface muna siya," she added.

Napoles has been alleged to be running bogus non-government organizations that solicited money worth more than P10 billion from lawmakers' Priority Development Assistance Fund for supposed ghost projects. The funds were said to have been split between her and the lawmakers.

Several sectors have suspected that bigger personalities and government officials could have been involved that made it possible for Napoles to enter into such alleged irregular transactions.

Earlier, a Makati court issued an arrest warrant against Napoles and her brother Reynald Lim in connection with a serious illegal detention case involving Benhur Luy, one of the whistleblowers in the 'pork' scam controversy. Both Napoles and her brother remain at large.

Requirements

At the same press briefing, De Lima said there are requirements for one to be accepted as a state witness.

"Mayroong requirements ang pagko-consider ng state witness. He or she does not appear to be the most guilty etc, etc. There are about four or five elements or requirements under the Rules of Court," De Lima said, stressing that accepting someone as a state witness and placing him or her under the Witness Protection Program (WPP) entails a rigorous process.

Under the WPP, only the following people can given government protection and be turned into a state witness:

Any person who has knowledge of or information on the commission of a crime and has testified or is testifying or is willing to testify.
A witness in a congressional investigation, upon the recommendation of the legislative committee where his testimony is needed and with the approval of the Senate President or the Speaker of the House of Representatives, as the case may be.
A witness who participated in the commission of a crime and who desires to be a State witness.
An accused who is discharged from an information or criminal complaint by the court in order that he may be a state witness.

— Mark Merueñas/RSJ, GMA News

Tags: janetlimnapoles, bantaykaban, porkbarrelscam, porkbarrel