Malampaya mess respondents next on DOJ list

The Department of Justice (DOJ) will be seeking next the cancellation of the passports of 22 respondents in the plunder and malversation case involving the Malampaya Fund, including Cabinet members of the previous Arroyo administration.

“We’ll see if we can file our request [to cancel their passports] either before, while waiting for the action of the Department of Foreign Affairs, or after, depending on the action of the DFA. We’re studying if it can be requested next, because it is also large-scale graft and corruption,” Justice Secretary Leila de Lima told reporters.

De Lima also defended the DOJ’s decision to request the cancellation of passports of three senators and 35 others facing a plunder complaint in the Ombudsman in connection with the misuse or outright theft of P10-billion pork barrel funds, officially known as the Priority Development Assistance Fund (PDAF).

She said she disagreed with the objections raised by the senators, like the arguments put forward by the lawyers of Sen. Ramon Revilla Jr.

“There is nothing stated in the 1996 Philippine Passport Act (Republic Act No. 8239) that we can ask only the DFA to cancel one’s passport if his or her case is already filed in court or with the Office of the Ombudsman,” she said.

“Under the law, the DFA has the right to issue, withdraw, revoke or cancel the passport for as long as there is a correct basis,” De Lima said.

“Nothing is stated in the law that there should first be a finding of probable cause or there should be a warrant of arrest first before a passport is canceled if the basis is national security, public safety or public health. There’s no doubt about it. Anybody can ask for the cancellation of the passport of anyone for as long as it is based on the proper grounds as enumerated in the law,” she said.

“This is timely. What is happening, I think, is that now is the right time to consider legal moves like these to give teeth to our fight against graft and corruption,” she added.

De Lima said she was “excited” after the DFA’s research came up with the finding that “massive and large-scale” graft and corruption cases such as the PDAF and Malampaya Fund scams could be “linked” with national security and therefore can be used as a basis for passport cancellation.

“It’s about time that relevant authorities will consider that proposition or that kind of direction. Look well into the Philippine Passport Act because the power to revoke passports is vested on the DFA, meaning it’s an executive function it’s not a judicial function. It’s only an administrative [proceeding] although subject to notice and hearing,” she said.

De Lima said she would leave it to the DFA to decide on the DOJ request.

“The main issue here is if the DFA is convinced of our proposition that graft and corruption is covered by the ground of national security, that’s all,” she said.

However, she also stressed that the subjects of the cancellation request would be given due process.