MANILA, Philippines – The lawyer of Jessica Lucila “Gigi” Reyes on Friday claimed that his client was not given a copy of a state witness’ sworn affidavit that pinned her to the pork barrel scam.
After the Sandiganbayan third division’s hearing on Reyes’ motion to suspend proceedings, lawyer Anacleto Diaz countered the prosecutor’s claim that they had given Reyes a copy of Ruby Tuason’s statement.
During the hearing Friday, the prosecutors told the court that it was “not true that they (Reyes’ camp) weren’t given an opportunity” to reply to the affidavit.
The prosecutors even said they gave Reyes five days to refute Tuason’s statement but the former aide of Senator Juan Ponce Enrile didn’t reply.
Diaz clarified after the hearing, however, that they were given a “supplemental affidavit” of both Tuason and another state witness former Technology Resource Center head Dennis Cunanan. It was not Tuason’s main affidavit, Diaz added.
The supplemental affidavit did not even mention Reyes’ name, Diaz said.
“Sa resolution ng Ombudsman, there is probable cause against Reyes based allegedly sa statement ni Tuason. Nasaan yun? Hanggang ngayon, hindi namin alam,” Diaz told reporters.
(In the Ombudsman’s resolution, there is probable cause against Reyes based allegedly on Tuason’s statement. Where is that? Until now, we don’t know.)
Tuason, a self-confessed former aide of alleged scam mastermind Janet Lim-Napoles, has testified that she personally handed to Reyes millions of pesos in kickbacks for Enrile in meetings in restaurants.
Tuason said in a Senate hearing that in some of the meetings, Enrile was even present.
Meanwhile, Reyes, the resigned chief of staff of the veteran lawmaker, denied the allegations, saying her right to due process was violated when she was not given Tuason’s affidavit.
After hearing both parties, the court third division, chaired by Presiding Justice Amparo Cabotaje-Tang, on Friday submitted Reyes’ motion for resolution.
Reyes had asked the anti-graft court to suspend proceedings on the plunder charges against her so as not to prejudice the Supreme Court’s pending decision on her motions for a temporary restraining order and a writ of preliminary injunction.
In a 10-page urgent motion before the Sandiganbayan, Reyes said the anti-graft court should just wait for the Supreme Court’s decision on her plea for a temporary restraining order against the warrant, as well as a writ of preliminary injunction.
Reyes’ camp in the motion also said suspending the proceedings would save the court some time and resources “should the Supreme Court find that the Ombudsman violated the accused’s constitutional rights and annul the assailed resolutions issued by the Ombudsman.”
“As the Supreme Court has required the Ombudsman to comment on the petition within 10 days from receipt of the order before ruling on accused application’s for injunctive relief, and three days have already elapsed since then, no substantial delay or prejudice will be caused by suspending proceedings against the accused in the meantime,” the motion read.
Diaz maintained that they have “appraised the fundamental issues of due process of law in our petition.”
“Our petition for an application for TRO must first be resolved before the court proceeds with the warrant of arrest,” Diaz said.
Asked how Reyes was, Diaz said his client was “anxious.”
“This has been hovering on her mind. The reason why she came back (to the Philippines) is this case,” Diaz said. Reyes had left the country before the court issued a hold departure order. She has since returned to face her charges.
Asked if Reyes would surrender in case of an arrest, Diaz said: “We will surrender without fanfare.”
Reyes is the co-accused of Enrile in the plunder charge over the pork barrel scam, the alleged systemic scheme of pillaging lawmakers’ public funds to ghost projects for kickbacks.
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