,Republika ng Pilipinas

KAGAWA RAN NG KATARUNGANDepartment of Justice

Manila LML-L-26E14- ~ 1/

26 May 2014

Hon. TEOFISTO "TG" GUINGONA IIIChairmanCommittee on Accountability of Public Officersand Investigations

Senate of the Republic of the PhilippinesGSIS Bldg., Roxas Blvd.PasayCity

Dear Senator GUINGONA:

Warm greetings!

This is with reference to the Subpoena from the Senate Blue RibbonCommittee that was served upon the undersigned last 12 May 2014, whichSubpoena requires her to submit the "Alleged Napoles list/affidavit on the'PDAF Scam'" on or before 15May 2014, and further to our previous lettersdated May 14 and 22, 2014, seeking an extension of the period forcompliance.

In compliance with said Subpoena, we submit herewith copies of JanetLim Napoles's initial "Affidavit" (dated 12 May 2014) and her"Sinumpaang Salaysay (Affidavit)" (dated 26 May 2014), aspurportedly prepared by Mrs. Napoles with the assistance of her lawyers.May we also share with the Committee the cover letters of Atty. Stephen L.David, counsel of Mrs. Napoles, dated May 13 and 26, 2014, transmittingsaid Affidavits, respectively, in support of the request for approval of Mrs.Napoles's "application to become a state witness under the WPP." The sameset of documents will also be forwarded to the Office of the Ombudsman, forits appropriate action, in relation to Mrs. Napoles's accompanying plea forimmunity under the Ombudsman Law.

As previously stated in our letter dated 14 May 2014, we are complyingwith the Subpoena in recognition of, and with full respect for, the PhilippineSenate Blue Ribbon Committee's mandate to inquire into matters fallingwithin its scope of legislative concerns. We are confident that the samesentiments will be reciprocated by the Committee. In connection with this,

~ we take this opportunity to call attention to Section 7 of Republic Act No.

6981, otherwise known as the "Witness Protection, Security and Benefit Act,"which makes "[a]ll proceedings involving application for admission into theProgram and the action taken thereon ... confidential in nature," andprohibiting the release of any information or documents given or submittedin support thereof, except upon written order of the Department or theproper court. Thus, we respectfully request that individuals who will behandling the documents in behalf of the Committee be reminded to do so inaccordance with the law.

Over and above the legal prohibition, and as we have previously stated,it remains our stance that "the proper administration of justice would still bebest served by a regular fact-finding investigation of Mrs. Napoles'sallegations, involving the gathering and collation of the same amount ofvoluminous documents that supported the filing of the appropriate criminalcomplaints before the Office of the Ombudsman ...." While it is beyond anydoubt that "this is a matter of grave public concern," the benefits, if any, ofprematurely publicizing Mrs. Napoles's statements/allegations is faroutweighed by the benefit that the nation will obtain from athorough investigation that would help separate the verified factsfrom the unsupported allegations. Premature divulging of matterspresently the subject of criminal investigation - not just by the DOJ and theNBI, but also by the Officeof the Ombudsman and/or the Inter-Agency Anti-Graft Coordinating Council (IAAGCC)- will only serve to cause unfoundedspeculations to abound, which could ultimately compromise the success ofthe ongoing investigation and the prosecution of the cases already filed andthose to follow.

In any case, all will be made known to the public at the right time. Wesimply ask that those mandated with investigating these crimes be given thechance to complete their thorough investigation so that, in case there arethose who are being implicated without basis, such persons may be accordedsome measure of protection from yet-to-be-validated accusations and frombeing unfairly tried by publicity.

Thank you.Very t!"ulyyours,

~~V-:LEILAM.DEiI~

SecretaryDepartment of Justice::-"l : 0201.~54J2

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