Miriam questions Drilon's decision to consult Ombudsman on Napoles subpoena

"Constitutionally questionable."

This was how Senator Miriam Defensor-Santiago described Senate President Franklin Drilon's decision to consult the Office of the Ombudsman if alleged pork barrel scam mastermind Janet Lim-Napoles should be summoned to the congressional probe on the alleged anomaly.

In a phone interview Thursday, Santiago said Drilon essentially allowed Ombudsman Conchita Carpio Morales to define the Senate's functions when he sought the official's advice on the matter.

"If you seek the advice of another agency, you are giving that agency the power to define what the limits of your legislative powers and functions are. Why ask for opinion if you are not going to follow it?" Santiago said.

During the past weeks, Drilon wrote Morales twice asking if Napoles should be summoned to the Senate blue ribbon committee investigation on the alleged P10-billion pork barrel scam.

This was after Senator Teofisto Guingona III, blue ribbon panel chairperson, insisted that the Senate has the authority to issue subpoenas to any individual whose testimony is needed in a congressional probe.

'Not advisable'

Morales twice said that it is "not advisable" for the Senate to summon Napoles, since the controversial businesswoman already has a pending plunder complaint pending before her office. The Ombudsman, however, said she yields to the "wisdom" of the Senate.

Although he initially heeded the Ombudsman's advice, Drilon announced on Tuesday that he will call for a caucus on October 14 for the entire Senate to decide on Napoles's subpoena.

Santiago, who is currently on medical leave from her Senate duties, said she intends to vote for Napoles' subpoena if she will be able to attend the caucus.

She argued that the Supreme Court (SC) already has issued two earlier rulings supporting the Senate's authority to issue subpoenas.

"You have two rulings already: one is, other cases in other fora are not obstacles to a subpoena. Two, the legislative has power to issue a subpoena even only to conduct an inquiry in aid of legislation," she said.

Nonetheless, Santiago warned that Napoles may just invoke her right against self-incrimination if the controversial businesswoman is summoned to the Senate probe.

Napoles is currently detained in Laguna for a separate illegal detention case. She is also facing a tax evasion complaint filed by the Bureau of Internal Revenue, as well as a third plunder complaint in connection with the Malampaya fund mess.

The first plunder complaint against Napoles was in connection with the pork barrel scam. Other personalities included in the charge sheet were Senators Juan Ponce Enrile, Jinggoy Estrada and Bong Revilla Jr. The second plunder complaint came from a militant group tagging Napoles, President Benigno Aquino III, and Agriculture Secretary Proceso Alcala as respondents. — Andreo Calonzo/RSJ, GMA News