Mercado should have immunity, says Pimentel

MANILA, Philippines–Former Makati Vice Mayor Ernesto Mercado should be granted immunity from suit for admissions he made during his testimony at the Senate on corrupt practices he participated in allegedly involving Vice President Jejomar Binay, according to the head of the inquiry panel.

Sen. Aquilino “Koko” Pimentel III, who chairs the Senate blue ribbon subcommittee investigating the corruption allegations against Binay, noted that Mercado was already under the Department of Justice’s Witness Protection Program (WPP) and immunity from suit should be among its benefits.

But the senator said he would leave it to the WPP’s administrator to determine if Mercado should be granted immunity from any criminal case.

Protection

Still he thinks Mercado should be given protection for the disclosures he made in the course of the Senate probe.

“He should be immune from suit because he divulged information,” Pimentel said in an interview.

“How can you encourage a witness to speak if he won’t have immunity? The two are connected,” he said.

Mercado has been charged this week with plunder in the Office of the Ombudsman after admitting that he had received P80 million in kickbacks when he was vice mayor of Makati and Binay was city mayor.

Mercado has accused Binay of taking kickbacks from infrastructure projects of the city. Binay has vehemently denied the allegations.

The Senate blue ribbon subcommittee has been holding hearings on alleged overpricing of Makati building projects as well as Binay’s alleged ownership of a 350-hectare show farm in Batangas.

The hearings will resume on Jan. 22.

Ombudsman’s call

Earlier, Justice Secretary Leila de Lima said it was the Office of the Ombudsman that should declare if Mercado was eligible for immunity from suit.

De Lima was quoted in reports as saying that Mercado and other witnesses of the Senate blue ribbon subcommittee who were under the WPP may seek immunity by applying for it with the Office of the Ombudsman.

The plunder complaint against Mercado was filed by civic leader Louis Biraogo, who said the former vice mayor had received “undeserved special treatment” that mocked the justice system.

Biraogo said the properties owned by Mercado and his family were probably bought using public funds. He said it was doubtful the former vice mayor, his spouse and children had the financial means to purchase the various assets and corporations worth millions that were in their names.

Binay’s camp has been critical of the Senate hearings, branding them as an attempt to bring down the Vice President’s ratings among voters. Binay has openly declared his intention to run for president in 2016 and has continued to lead in surveys, although his numbers have been declining since the hearings detailing alleged corruption began last year.