Janet Lim-Napoles and Senate President Franklin Drilon. INQUIRER FILE PHOTOS
MANILA, Philippines – Senate President Franklin Drilon’s decision to seek the advice of the Office of the Ombudsman whether or not to subpoena Janet Lim-Napoles was “constitutionally questionable,” Senator Miriam Defensor-Santiago said.
“For me that was constitutionally questionable because if you seek the advice of some other agency, you are giving that agency the power to define what the limits of your legislative powers, what the limits of your legislative functions are,” Santiago said in a phone patch interview on Thursday.
“Why ask for opinion if you’re not going to follow it?” she said.
Ombudsman Conchita Carpio-Morales, in two separate letters to Drilon, said it would not be advisable for Napoles to appear in the Senate investigation into the P10 billion “pork barrel” scam since charges have already been filed at her office.
Drilon, who sought the opinion of the Ombudsman, initially followed Morales’ advice but later decided to just leave the matter to the decision of his colleagues in a caucus when Congress resumes its sessions on October 14.
“If I were attending a caucus, I will vote in favor of a subpoena because I’d like to assert the power of the legislative branch of government to issue a subpoena to anybody in the country…” said Santiago, who has been on sick leave.
But she reiterated that even if Napoles appears before the Senate, she might just invoke her right against self-incrimination and senators might only be compelled to detain her in the chamber.
Santiago noted that Napoles has been detained already in Laguna for serious illegal detention of her cousin and whistle-blower Benhur Luy but plunder charges were also filed against her and other personalities in connection with the pork barrel scam.
“What will happen probably is that she would simply transfer her place of detention from Laguna to Pasay City,” she said.
“But still, I’m in favor of subpoenaing her just to emphasize the power of the legislature over the executive branch,” she stressed.