DOJ may drop Tuason, Luy from P10-B ‘pork’ raps, says Escudero

By: Maila Ager - 11 years ago

Sen. Francis Escudero. INQUIRER.net FILE PHOTO

MANILA, Philippines – The Department of Justice (DOJ) may opt to drop Ruby Tuason and Benhur Luy from the cases filed against them in connection with the alleged P10 billion pork barrel scam if they would be used as state witnesses, a senator said on Wednesday.

Senator Francis “Chiz” Escudero, who initiated the Senate investigation into the scam, said the DOJ still has an option to exclude Tuason and Luy since the cases filed against them at the Office of the Ombudsman have not been elevated to the court.

“May option sana ang DOJ halimabawa dito kina Benhur Luy na wag na silang kasuhan . Kung baga administratively, pagpasyahan na nila na state witness ang mga ito. Pero ang ginawa ng DOJ, dinemanda pa rin sila, kasama pa rin sila sa demanda sa Ombudsman hanggang ngayon. Desisyon ngayon ng Ombudsman kung sasampahan sila ng kaso sa korte,” Escudero said in a radio interview.

(The DOJ could have opted not to file charges for example against Benhur Luy. Administratively, they can decide to make them state witnesses. But what the DOJ did was that they still charged them, they are still included in the cases at the Ombudsman until now. It’s the decision now of the Ombudsman if they would file the case in court)

While it was true that the issue of whether a person could be declared a state witness would be decided by the court, the senator said the DOJ and the Ombudsman could still decide at this point who are the people they would want to include or exclude in the charges.

“So administratively, not judicially, pwede po silang magpasya kung sino ang magiging o pwedeng maging state witness nang hindi na pong kailangang pumasok dun sa mga requirement ng least guilty. Yan po ay requirement lamag pagdating sa husgado, hindi sa level ng DOJ at Ombudsman,” he pointed out.

(So administratively, not judicially they can still decide who can be the state witness without complying with the requirement that the state witness should be the least guilty. That is only a requirement in court, not in the level of the DOJ and the Ombudsman)

In the case of Tuason, a co-accused in the plunder case, Escudero said, she could use the old Presidential Decree during the time of former President Ferdinand Marcos which provides automatic immunity to a “bribe giver” who testifies as a state witness.”

“Pwede nilang gamitin yung lumang Presidential Decree ni Marcos na rason at basehan para hindi na po sya kasuhan na hindi na kailangang hilingin pa sa korte at sa husgado yun,” he said.

(They can use that old Presidential Decree of Marcos as a reason and basis not to charge him without asking the court)

“At kung may mag question at magdemanda sa kanya, kay Ruby Tuason na isama sa kaso, pwedeng i-cite sa korte ng Sandiganbayan yung kanilang pasya at desisyon na base sa ebidensya at pruwebang hawak nila, sya ay isang bribe giver na immune from arrest, immune from prosecution sangayon sa PD ni dating Pangulong Marcos.”

(And if somebody questions and file a petition to include her, Ruby Tuason, in the case, they can cite in the court of Sandiganbayan their decision based on evidence that she is a bribe giver who is immune from arrest, immune from prosecution according to the PD of former President Marcos)

Between Tuason and Luy, however, Escudero believes that Luy remained the key witness in the “pork” scam, noting that it was him who started all the exposes.

The senator described Tuason as a “corroborative.”