De Lima brings whistleblowers to Senate against her ‘better judgment’

MANILA, Philippines—Justice Secretary Leila De Lima said she returned to the Senate on Thursday with five witnesses in tow as a sign of “goodwill” after she was accused of attempting to “undermine” the blue ribbon committee.

De Lima said she attended the continuation of the Senate’s pork barrel scam investigation with several whistleblowers in compliance with the subpoena issued by committee chair Senator Teofisto Guingona III.

“I have brought them here to preserve the peace, respect, and goodwill between the Executive and the Legislative branches of government, with the understanding that their presence can aid in the refinement and crafting of legislation,” she said.

However, the Justice Secretary said the action “goes against my better judgment.”

She said the appearance of Benhur Luy and other witnesses could put them and their families at greater risk.

“Most of these witnesses have not yet exposed their faces to the public. They are still afraid to do so,” she said during the televised hearing.

De Lima also said the National Bureau of Investigation (NBI) is still building the cases against those involved in the pork barrel scam, allegedly masterminded by Janet Lim-Napoles.

“Having the witnesses talk in further detail about what they know can reveal parts of our legal strategy, the identities of others who may be charged in the near future, and other matters regarded as privileged law enforcement information,” she said, adding that the live broadcast may unwittingly help “lawyers of the other side” gain valuable insights.

“In criminal cases, the Constitution only accords the accused the right to confront the witnesses during the trial itself, not before, and definitely not through pre-trial depositions and written interrogatories,” she said. “The exhaustive examination of witnesses in criminal cases is reserved for the courtroom for good reason.”

De Lima pleaded with the senators to consider her stand, arguing that “it would drastically help the case if public statements from the witnesses would cease.”

On Tuesday, Guingona berated the Justice Secretary for failing to present Luy to the Senate.

De Lima cited the rules of the Office of the Ombudsman, prohibiting “publicity” after a case has been filed in court.

The incident has since divided the Senate, with Senate President Franklin Drilon deciding not to subpoena Napoles and others commenting otherwise.

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