By Lloyd Caliwan
MANILA, (PNA) — The Makati Regional Trial Court has granted the request of the Senate for businesswoman Janet Lim Napoles to appear before a Senate investigation into the alleged misuse of the Priority DevelopmentAssistance Fund (PDAF) known as pork barrel.
The Makati RTC also directed the Philippine National Police (PNP) to ensure the safety of Napoles during her appearance at the Senate inquiry over the pork barrel fund scam.
Atty. Diosfa Valencia, Makati RTC Branch 150 clerk of court, said Judge Elmo Alameda granted the request of the Senate for Napoles to attend the Senate inquiry.
“The ongoing serious illegal detention case being heard in court is a personal case while the Senate investigation on pork barrel fund is different. Her testimony in the Upper Chamber will not be prejudicial to her case,” said Valencia.
Alameda issued the order as he granted the request of the Senate Blue Ribbon Committee to allow Napoles to appear in its investigation into the alleged misuse of the Priority Development Assistance Fund (PDAF) known as pork barrel of some lawmakers.
Alameda explained that “the powers of the legislative and the judiciary to require the presence of a person under detention by legal process to appear before it do not exclude each other.”
“To contend that only the judiciary can exercise exclusive discretion over the person of Janet Lim Napoles despite the subpoena issued by the Blue Ribbon Committee is to violate the principle of co-equal and coordinate powers of these branches of government,” Alameda said in his decision.
Napoles has been directed by Sen. Teofisto Guingona 3rd, who is the chairman of the Senate Blue Ribbon Committee that investigates the pork barrel scam, to appear on November 7.
Valencia said the request served as clearance or assistance from the court for the appearance of Napoles on the Senate investigation.
In a one-page decision, Judge Alameda also ordered PNP Special Action Force (SAF) Commander P/Dir. Carmelo Valmoria to provide adequate security escorts for the safe travel of Napoles to the Senate.
Napoles is now being detained at the Fort Sto. Domingo, in Sta. Rosa, Laguna for her serious illegal detention case filed by whistleblower Benjur Luy.
The court likewise directed Valmoria to provide the same security escorts to Napoles for her safe return at Fort Sto. Domingo.
After Senate President Franklin Drilon signed the subpoena for Napoles, Sen. Teofisto Guingona, chairman of the Blue Ribbon Committee, asked the assistance of the court to ensure the attendance of the businesswoman in the resumption of their hearing.
In granting the Senate’s request, the judge said the court recognizes the power and authority of the Committee to conduct inquiries in aid of legislation in accordance with its duly published rules of procedure and the respect accorded to persons appearing before it.
The court order does not only cover the day of Napoles’ appearance at the Senate but until such time her testimony is completed.
Meanwhile, for Napoles’ legal counsel Lorna Kapunan maintained that her client will invoke her constitutional right against self incrimination if she appears in the Senate probe.