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Morales should expel yellow possession

The titan clash between Justice Secretary Vitaliano Aguirre and Ombudsman Conchita Carpio-Morales is a long simmering confrontation that took the alleged brains of the pork barrel scam Janet Lim Napoles to induce into  the open.
Aguirre is negotiating with Napoles to turn state witness in the reopening of the Priority Development Assistance Fund (PDAF) scam probe which Morales said won’t happen since her office would make the final call on who turns into a state witness.
Aguirre said it is the Department of Justice (DoJ) which has the prerogative on who gets into the Witness Protection Program (WPP) which the agency supervises.
“The WPP is under the exclusive jurisdiction of the DoJ, because the Ombudsman doesn’t have a WPP,” as Aguirre’s plain defense of his agency’s authority on Napoles turning state witness.
Napoles’ illegal detention conviction was overturned by the Court of Appeals (CA) after Solicitor General Jose Calida issued an opinion that the court ruling on the illegal detention case was flawed.
What makes the face off more interesting was, according to Aguirre, the absence of a precedent on the friction between the DoJ and the Ombudsman.
Aguirre said there is no jurisprudence on this issue yet but “if you file a case before the DoJ for preliminary investigation, we have the right to determine if one of the respondents will be put under the WPP.”
Indeed, in the past dispensation, it was detained Sen. Leila de Lima, Aguirre’s predecessor, who teamed up with Morales to prosecute the PDAF cases but ended up in the persecution of three Palace targets Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr.
More than 100 legislators were tagged in the Commission on Audit (CoA) special report on the PDAF but only the three Palace targets are being tried in court.
Suspicion thus clouds Morales’ closing the door on Napoles as state witness particularly as her counsel, Stephen David, indicated the probability of Noynoy and his doppelganger Mar Roxas aside from Noynoy’s Rasputin Butch Abad being implicated in the PDAF cases revival.
Morales and her backers would offer the excuse that the review on the voluminous documents involved resulted in the PDAF cases to move slowly since the government wanted to build airtight cases.
If such was the argument, why then were the cases of three senators swiftly prosecuted, within at least a year, when the other cases involving Noynoy’s allies have yet to be filed until now.
The answer to that, of course, was provided by Aguirre in saying that there would be “no selective justice” in the pork reinvestigation.
The PDAF scam was billed by the previous administration as the largest possible instance of theft of public funds but the judicial process seems to have become static after the three senators were successfully locked away.
Abad, for instance, who was pointed to by Napoles as her mentor in the pilferage of public funds was given by Morales what was equivalent to a slap on the wrist with the recent recommendation to charge him for “usurpation of legislative powers” on the implementation of the controversial Disbursement Acceleration Program (DAP).
If proven guilty, Abad faces a fine of P1,000 and a few months of jailtime. That for juggling P150 billion or so funds from the budget to convert these as Noynoy’s slush fund for his agenda of vindictive politics.
Morales in stating that the Ombudsman has jurisdiction over who gets to be a state witness in the case was adamant about not ceding to Aguirre.
“We will have the last say on whether or not we will recommend her as a state witness,” Morales said.
The squabble between Aguirre and Morales will likely end up in the Supreme Court and the PDAF scam cases reopening may have to wait until then.
Morales who earlier chorused with de Lima and former Commission on Audit Chairman Grace Pulido Tan about not stopping until getting into the bottom of the misuse of the legislative pork barrel, suddenly wants to stop Napoles from spilling the beans.
The PDAF scam has been labeled a tool of Noynoy to persecute opponents and to collect his political trophies in the guise of his “Daang Matuwid” or straight path mantra.
Morales should not stand in the way of uncovering the real extent of the scam to prevent suspicions that she is protecting some yellow opportunists of the past.

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