COURTROOMS are required to be open to the public.
As enshrined in the Philippine Constitution, the right of the people to information on matters of public concern shall be recognized.
In some cases, however, the judiciary may conduct confidential proceedings and/or seal documents, when it feels secrecy is justified.
It is perhaps through this principle that Dept. of Justice (DOJ) Sec. Leila De Lima refuses to succumb to pressure, despite ardent calls from the government and the Filipino people.
De Lima remains adamant in withholding the list of those linked to the P10-billion pork barrel scam for now.
The list was obtained from the woman who started it all, Janet Lim-Napoles, during her tell-all revelation to De Lima last April 21.
The controversial list not only incriminates Senators Juan Ponce Enrile, Jinggoy Estrada, and Bong Revilla, it also implicates other senators, legislators, members of the Cabinet, and other former lawmakers who had illegal transactions of their disbursement of the Priority Development Assistance Fund (PDAF) with Napoles.
De Lima appealed to the public to let DOJ fully validate and verify the veracity of Napoles’ affidavit first.
Unless requested by the Senate Blue Ribbon Committee, the controversial list will not be disclosed to the public until the vetting process is completed.
According to Senate President Franklin Drilon, the Senate has “compulsory power” to ask De Lima to release copies of the list. It is up to Sen. Teofisto Guingona, chairman of the Blue Ribbon panel, if he will heed the request of his colleagues and the people.
Meanwhile, during a recent Senate plenary session, Senators Estrada and Revilla challenged Sen. Guingona to compel De Lima to reveal the names in the list.
“That’s unfair to us—the three senators involved (including Sen. Juan Ponce Enrile)—and to the Filipino people,” Estrada told reporters.
Estrada also said that another reason for De Lima concealing the list is to protect allies of the Aquino administration, who are suspected to be mentioned by Napoles in her affidavit.
In the House of Representatives, Navotas Rep. Toby Tiangco filed a resolution urging his colleagues to compel DOJ to fully disclose the names in Napoles’ list.
“There is a compelling need for the House of Representatives to protect the integrity of every member by conducting an investigation and directing the Justice Secretary to disclose the Affidavit of Mrs. Napoles containing the names of lawmakers and government officials identified by Mrs. Napoles in her sworn statement,” Tiangco stated.
Despite continuing speculations, De Lima assured that the DOJ will not sanitize the controversial list. She said that changes on the list can only be made by Napoles, to clarify certain details.
While everyone is itching to know the names on the list, let us be a reminded that plunder and graft and corruption charges have already been filed by the Ombudsman and the Senate Blue Ribbon Committee against those involved in the pork barrel scam.
For protection of the public’s interest and the sanctity of decision-making, the law allows withholding of confidential information.
By its very nature and by the Constitution’s own terms, the people’s right to information is not absolute.
As defined by the Constitution: “confidential information generally refers to information not yet made a matter of public record relating to pending cases, such as notes, drafts, research papers, internal discussion, internal memoranda, records of internal deliberations, and similar papers. Even after the decision, resolution, or order is made public, such information that a justice or judge uses in preparing a decision, resolution, or order shall remain confidential.”
On the other hand, the Filipino people being the ultimate plaintiff in this entire pork barrel saga, must not resort to speculation. The least we can do is to remain an informed audience in this whole taxing process.
To help preserve the structure of a democratic institution, let us allow due process to take its course.
(AJPress)
