Napoles unlikely to be given immunity via old Marcos decree

Could alleged pork barrel-scam operator Janet Lim Napoles be given immunity if she testifies against lawmakers implicated in the scam, the same way Ilocos Sur Governor Luis Crisologo “Chavit” Singson was given immunity when he testified against former President Joseph Estrada in the latter's plunder case?

A report on GMA News' Balitanghali speculated that it seemed unlikely.



In Singson's case, he testified before the Sandiganbayan that he had delivered a P130 million bribe to Estrada.

The Ilocos governor managed to avoid prosecution, despite an admission that he gave a bribe, because of former President Ferdinand Marcos' Presidential Decree 749. The decree grants “immunity from prosecution to givers of bribes and other gifts” in exchange for testimony against a public official who received the bribe or gift.

Atty. Raymund Fortun, Estrada's lawyer in the plunder case, believes that P.D. 749 does not apply to Napoles' situation. "Dito sa kaso ni Janet Napoles, lumalabas na hindi bribery ang nangyari dito. Ang nangyari dito ay komisyon,” explained Fortun.

He added, “Si Chavit ay witness umpisang-umpisa pa lamang. Dito sa kaso ni Janet Napoles, malinaw na malinaw na siya ay kinasuhan."

Former state prosecutor Atty. Dennis Villaignacio, who prosecuted Estrada in the plunder case, also said that it was unlikely Napoles would be given immunity.  

Villaignacio said the best recourse for Napoles was to admit to a lesser crime, and testify against politicians involved in the pork scam.

"In terms of sino, kanino ang mas mabigat ang kasalanan, 'yung public official na nag-betray ng public trust ng mga tao at kinuha 'yung public funds," he added.

Meanwhile, Atty. Rowena Daroy-Morales of the University of the Philippines' College of Law said that though Napoles' possible testimony could reveal who were involved in the pork scam, her statements would have to be substantiated.

“Pag may sinabi si Napoles, pagisipan natin mabuti kung paniniwalaan o hindi,” Morales advised. — Rie Takumi/DVM, GMA News