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Leila De Lima letter to Senator TG Guingona

Leila De Lima letter to Senator TG Guingona

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Published by Rappler Philippines
De Lima asked the senator to await the completion of Janet Napoles' affidavit before releasing to the public the list of lawmakers Napoles implicated.
De Lima asked the senator to await the completion of Janet Napoles' affidavit before releasing to the public the list of lawmakers Napoles implicated.

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Published by: Rappler Philippines on May 16, 2014
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06/26/2014

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Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN
Department of Justice
Manila
LML-L-14E14-_
14May2014
Hon. TEOFISTO"TG"GUINGONAIII
Chairman
Committee onAccountability of
Public Officers and Investigations
Senate of the Republic of the Philippines
GSISBldg., Roxas Blvd.
Pasay City
Dear Senator GUINGONA:
Warm greetings!
This is with reference tothe Subpoena from the Senate Blue
Ribbon Committee that was served upon the undersigned last 12
May 2014, which Subpoena requires her to submit the "Alleged
Napoles list/affidavit on the 'PDAF Scam'" on or before 15 May
2014.
In full recognition and respect for the Philippine Senate,
particularly the Blue Ribbon Committee's mandate to inquire into
matters falling within its scope of legislative concerns, and guided
by our continuing commitment to foster cooperation among all
concerned in this matter of the highest public interest to our
nation, I hereby manifest and reassure the Honorable
Chairman and the rest of the Committee of our full intent
to deliver the requested documents, as directed under the
Subpoena. Admittedly, we shall be doing soin spite of our deeply
held belief that the ends of fair and thorough administration of
J ustice would be best served by awaiting the completion of a full-
blown fact-finding investigation by the proper authorities before
the disclosure of any list or unverified allegations. Nonetheless,
upon compulsion from the Senate Blue Ribbon Committee, we
fullyintend tocomply with the same.
I have, in my possession, the List from Mrs. J anet Lim
Napoles signed by her and an initial affidavit, also duly signed by
4her, notarized and submitted yesterday, 13May 2014. However,
said initial affidavit largely covers only the same subject matter as
the 1
st
batch of the PDAF complaint and the Malampaya Fund
complaint that were filed before the Ombudsman last year. We are
still awaiting her extended and much more comprehensive
Affidavit,which is expected to contain her narration of facts
pertaining toall those named inthelist.
To my knowledge and as of this writing, Mrs. Napoles and
her lawyers are working long hours at the Ospital ng Makati, in
order to finish the extended Sworn Statement on her account of the
PDAF Scam involving her NGOs, public officials and other
personalities concerned. However, my most recent
communications with them made it apparent that they need
more time to complete and submit such Affidavit. We
presume that this is due to the breadth and scope of her narration.
In light of the foregoing, we are, in turn, constrained to
respectfully request the Committee for a one-week
extension of the period within which to comply with the
Subpoena, or until 22May2014.
Rest assured that this request is not intended to unduly delay
the Committee's proceedings. I am certain that the Committee
would understand that a complete Affidavit, signed and sworn to
by Mrs. Napoles, would at least have whatever credence could be
accorded to any allegation of fact made under pain of perjury. We
can all agree perhaps that this is better than amere list that stands
by itself, without even a narrative that would inform those named
therein (and the public) of what acts are actually being imputed
against them. In any case, I hereby undertake to personally
update the Honorable Chairman on the progress of the
preparation of the Affidavit during the period of
extension.
Finally, and begging the Honorable Chairman's indulgence, I
am compelled to express my opinion that the proper
administration of justice would still be best served by a regular
fact-finding investigation of Mrs. Napoles's allegations, involving
the gathering and collation of the same amount of voluminous
documents that supported the filing of the appropriate criminal
complaints before the Officeof the Ombudsman, which are already
undergoing either further fact-finding investigation by the
Ombudsman's Field Investigation Office (FlO) or preliminary
iinvestigation by a Panel of Special Investigators/Prosecutors.
- 2-
Hence, the undersigned respectfully recommends that the
Committee, instead of disclosing the list and the still unverified
allegations to the public, could perhaps consider either awaiting
the completion of the vetting process or fact-finding
investigation by the DOJ/NBI on the allegations made by Mrs.
Napoles, or itself refer the documents it has gathered to the
Ombudsman or the Inter-Agency Anti-Graft Coordinating
Council (IAAGCC), composed chiefly of the Ombudsman, the
Commission on Audit (COA) and the DOJ , which is already tasked
to investigate and prosecute those involved in all PDAF Scams, not
only those involving Napoles NGOs.
The undersigned appeals to the consideration and wise
circumspection of the Committee, both with respect to the request
for extension of time and this unsolicited opinion and
recommendation. I am certain that the Committee would readily
see that another week is not an unreasonably long period of time
for the completion and submission of the Affidavit of Mrs. Napoles,
which covers, to my understanding, several years of various
transactions with numerous personalities. After all, it is beyond
cavil that this is a matter of grave public concern that is best
addressed by a thorough investigation, as such would strike a
careful balance between the collective interest of the Filipino
people in ensuring that the persons responsible be brought to
justice, and the interests of those implicated in ensuring that they
are accorded some measure of protection from yet-to-be-validated
accusations.
Thank you.
Very truly yours,
LEI~
Secretary
Department of J ustice ~
eN : 0201405294
1111I I 111~l l l l l l l il ! l l il l l l H il l il ! l ' l l l l :I l l l I I
- 3-

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