MANILA: Even before she could get her wish for the cancellation of the passports of three senators and 34 others implicated in the congressional funds scam, Justice Secretary Leila de Lima revealed yesterday that she is expanding her request to include former officials – this time in connection with the alleged misuse of the Malampaya fund.
De Lima said she is considering sending another request to the Department of Foreign Affairs (DFA), which is seeking comments from Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon “Bong” Revilla Jr and the others on the DOJ chief’s petition.
The three senators were among the respondents in the plunder and graft charges filed by the National Bureau of Investigation (NBI) with the Office of the Ombudsman earlier this month.
In her expanded request, De Lima said the P900m Malampaya scam “is also large-scale graft and corruption, so the same basis for seeking the cancellation of passports of respondents in the PDAF (Priority Development Assistance Fund) case also applies.” She argued that “corruption is a national security concern.”
“This is timely with what is happening. I think this is the right time to consider this kind of legal moves to give teeth to our fight against graft and corruption,” she stressed.
De Lima, however, said she is still studying the proper time to send the second request – either before or after the DFA decides on the first request.
Among the 24 respondents in the Malampaya complaint filed before the anti-graft office are former President and now Pampanga Rep Gloria Macapagal-Arroyo, former executive secretary Eduardo Ermita, former agrarian reform secretary Nasser Pangandaman and his undersecretary Rafael Nieto, DAR finance officer Teresita Panlilio, former budget secretary Rolando Andaya and his undersecretary Mario Relampagos.
Mrs Arroyo is currently under hospital arrest at the Veterans Memorial Medical Center in Quezon City while facing electoral sabotage case before a Pasay court and a separate plunder case involving P365m in Philippine Charity Sweepstakes Office funds before the Sandiganbayan.
Last Thursday, the DOJ sought the cancellation of passports of Enrile, Estrada and Revilla and the other respondents in the PDAF case to ensure they would face investigation and possible prosecution in court.
De Lima invoked Article III Section 5 of the Constitution and Section 4 of Republic Act 8239 or Philippine Passport Act, which both allow limitation of the constitutional right to travel “in the interest of national security.”
De Lima stressed that the move to prevent the flight of the high-profile respondents whom she branded as “flight risks” does not require a case actually filed in court.
“For as long as there is valid ground stated in the law, the DFA has the power to cancel a passport. There’s nothing in the law (RA 8239) requiring finding of probable cause by the Ombudsman or issuance of warrant of arrest by the Sandiganbayan before a passport can be cancelled,” she explained.
She said the law clearly and simply provides for grounds cancellation of passports by the DFA – including existence of national security concern.
The DOJ chief also rebuffed the Revilla camp’s statement that her request was ridiculous.
“It may be ridiculous to them, but is it also ridiculous to millions of people who suffer in poverty because of plundering of funds by the public respondent?” she said.
Also included in the PDAF-related complaint are former congresswoman and incumbent Masbate Gov Rizalina Seachon-Lanete (P108.4m) and former APEC party-list Rep Edgar Valdez (P56.09m).
The Philippine star
