DZRH NEWS IMAGE. The Department of Justice (DoJ) has not closed the door on accepting a new testimony from businesswoman Janet Lim Napoles on the P10-billion pork barrel scam, Justice Secretary Menardo Guevarra said.

The National Bureau of Investigation (NBI), however, will have the final say on the need for Napoles to reveal more details on the Priority Development Assistance Fund (PDAF) mess, Guevarra added.

Former Justice Secretary Vitaliano Aguirre II ordered the NBI to probe both the PDAF and the Disbursement Acceleration Program (DAP) controversies.

“This investigation is actually ongoing. We have instructed the National Bureau of Investigation to continue its investigation on the DAP and the PDAF and to proceed with its case buildup,” Guevarra said.

Aguirre allowed Napoles’ provisional WPP coverage after she executed last February 27 an affidavit providing more details on the PDAF misuse case.

The Napoles affidavit is being reviewed by the DoJ for possible filing of additional cases against more officials in relation to the PDAF scam.

The DoJ, however, did not make public her affidavit due to a confidentiality requirement under Republic Act (RA)6981 or the Witness Protection, Security and Benefit Program (WPSBP) law.

“If part of that evidence-gathering would involve getting information voluntarily from Ms. Napoles, then so be it,” Guevarra said.

Napoles has been dropped from the provisional coverage of the DoJ’s Witness Protection Program (WPP) after the DoJ did not find credible security threats on her.

The removal of the WPP privileges should not stop Napoles from spilling the beans on the pork barrel scam, Guevarra said.

Aguirre said Napoles, at a meeting, linked new names to the multibillion-peso scam but did not disclose who they were. Napoles is currently detained at Camp Bagong Diwa in Taguig City.

Guevarra said determining Napoles’ qualification as a state witness falls under the Ombudsman’s jurisdiction.

Ombudsman Conchita Carpio Morales had previously said her office would block any move for Napoles to be named state witness, as she was, according to the prosecution, “one of the principal alleged malefactors” in the scam.Morales will retire next month.

Guevarra’s statements complement that of Solicitor General Jose Calida’s, who earlier had said Napoles deserved to be heard if she had evidence to tag personalities in the misuse of the PDAF even if her provisional WPP coverage had been terminated.

Calida said if Napoles has adequate information, she should be allowed to speak out.

“That is the prerogative and discretion of SoJ (Secretary of Justice) because the WPP is under the DoJ (Department of Justice). However, if Janet Napoles has evidence to link other recipients of DAP and PDAF, why do we not listen to her?” Calida said.

He noted PDAF probes covered only “enemies of former president” Benigno Aquino such as former Senators Jinggoy Estrada, Ramon “Bong” Revilla Jr. and Juan Ponce Enrile, who were all ordered detained.