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5 reasons not to believe the “Napolist” – just yet

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Analysis by Raïssa Robles

Pork-QueenThe self-confessed Queen of Pork Scam, Janet Lim Napoles, has offered to turn state witness. An unsigned affidavit, purportedly coming from her, has been leaked to media. It names congressmen and senators who got kickbacks through her from their pork barrel funds.

UPDATE: You can read the unsigned affidavit by clicking here.

Will this “Napolist” – a word my hubby Alan coined and posted on Twitter – trigger political unrest or risk to the Aquino government, a senior banker asked me. I turned the question over in my mind and came up with five reasons not to believe the statements of Pork Queen Napoles. Just yet.

ONE – Napoles now claims she wants to “tell all.”

She now admits she was at the center of the pork scam If this is true, then Napoles lied under oath before the Senate last November 7, 2013. She also lied to the Philippine Daily Inquirer editors, columnists and reporters when she met with them on August 8, 2013.

And Napoles’ lawyer then, Lorna Kapunan, also lied for her client when Kapunan issued a “media statement” dated July 26, 2013.

There is a big difference between a witness who issues denials and a witness who remains silent during questioning or claims amnesia.

Napoles’ total reversal of her previous denials will undermine her value as a state witness.

Consider the following. When Napoles talked to the PDI, she gave a blanket or TOTAL denial of her involvement in the pork scam. She was pointedly questioned by PDI columnist Randolf  David on the matter and Napoles answered him this way:

David: So, sino pong mga senador ang hinandle ninyo ang PDAF (pork)?

Napoles: Ay, wala po.

David: Wala po? Wala ring kongresista na-link sa mga…

Napoles: Wala po.

David: Wala rin kayong NGOs (non-government organizations)?

Napoles: Meron po.

David: Ilan ho ang NGOs ninyo?

Napoles: Magdalena Luy-Lim Foundation. [To photographer Edwin Bacasmas] Kuya, bibigyan kita ng picture. ’Wag mo na akong picturan. Pangit ako ngayon, stressed. [Laughs] Sige na please, ’di ba? Please naman. Magdalena Luy-Lim Foundation po.

David: ’Yun lamang po ang foundation ninyo?

Napoles: Oo. Tumutulong po kami sa Tawid-Gutom, ’yung lugaw sa Quiapo, sa mommy ko po ’yan. Nung namatay siya, sinabi po ni Cardinal sa kanya na tumulong ng Catholic sa China. Nagpatayo po kami ng simbahan dun. ’Yung mga kaparian dun na nakatira sa amin, ’yun ho ’yung foundation na ginagamit… Meron po kaming foundation.

David: So itong 18 NGOs…?

Napoles: Hindi, 20 plus something, mga 30 plus na ho… Wala kaming kinalaman dun.

David: Wala kayong kinalaman dun?

Napoles: May witness na po. Lahat ng ginamit nila, nakunan na po ng statement.

Napoles repeated her blanket denial when she testified under oath before the Senate Blue Ribbon Committee on November 7, 2013.

When Blue Ribbon Committee chair TG Guingona asked her to confirm whistle blower Benhur Luy’s statement that he had set up fake non-government organizations upon her orders, Napoles replied – “Hindi po.”

Napoles also kept denying the existence of fake NGOs and even told Guingona: “Nakakaawa po ‘yung mga senador na na-drag ‘yung mga pangalan.” When Napoles was asked by Senator Francis Escudero whether her statement to various media outlets was true that she had only found out about the pork barrel scam from media reports and she was not personally aware of it, Napoles replied: “Opo.”

Napoles was also asked by Senator Guingona whether she was aware she was risking perjury if she was lying under oath. Napoles replied, “Opo.”

After those series of nonstop denials in the face of evidence, suddenly she turns around and wants to admit — what? And she’s dragging even more names through the muck? What happened to her “awa”?

TWO – Napoles’ lawer then, Lorna Kapunan – whom we can all presume is a very bright person – also issued a blanket denial on behalf of Napoles

Kapunan sent the following “Media Statement” dated July 26, 2013 to various media outlets. On page three is a fact sheet that starts with this statement from Kapunan:

“There is no truth to the claim that Ms. Janet Lim Napoles was involved in the alleged diversion of the Priority Development Assistance Fund to supposed ghost foundations.”

Now, if Napoles is to believed, even Atty. Kapunan was lying for her. Here is the entire Media Statement that Kapunan had issued then. Please read page three:

THREE – Even a bishop and some priests lied for Napoles, it seems

Sometime in December 2012, Napoles and her brother had Benhur Luy stay with priests reportedly to give him time for spiritual reflection. But months later, Luy’s mother asked the Department of Justice to “rescue” Luy saying he was illegally detained so he would not spill the beans on the pork scam and other scams Napoles was involved in.

Luy was “rescued” by agents of the National Bureau of Investigation and he disclosed a lot on the pork scam.

How does Napoles now explain her falling out with Luy and Luy’s detention with the priests?

Won’t the Monsignor and the priests look like fools with her total reversal?

If Napoles is now on the same page as Luy, why hasn’t she dropped her “qualified theft” case against Luy?

FOUR – Napoles wants it all

Napoles said she wants to turn state witness. And yet today, instead of making an act of contrition, she asked the court to unfreeze all her bank assets.

The Napolist that has been leaked to the media contains the size of kickbacks each senator and congressman supposedly got from Napoles. But the leaked Napolist does not detail the amount of kickbacks Napoles herself got from all those transactions.

Napoles would be more believable if her signed affidavit offering to be state witness revealed the following:

    1. A detailed listing of all her kickbacks
    2. All her bank accounts in the Philippines and overseas plus signed waivers, including any unit investment trusts and corporate stocks
    3. All her companies in the Philippines and overseas plus signed waivers
    4. The mobile phone numbers of the government officials she dealt with, as well as the text messages to and from her, plus all e-mail correspondences with them and their staff

FIVE – The timing of Napoles’ offer is suspect

Napoles made her offer to turn state witness a month after Ombudswoman Conchita Carpio-Morales filed three separate very detailed indictments against Senators Juan Ponce Enrile, Jinggoy Estrada, Bong Revilla et al.

The “et al” included not only Napoles but also her son James Christopher, her daughter Jo Christine and her brother Ronald in all three separate cases. If found guilty, Napoles’ children could end up staying in jail for most of their productive years. Will charges also be dropped against all of them if Napoles turns state witness?

This shows that the stakes are indeed very high for Napoles. She will do anything to save her children, including lie. Or tell the truth. Or a mixture of both.

In this case, it is the government holding the good cards, not Napoles, who seems to have done nothing except lie and lie.

Comments

  1. if govt has searched and seized all evidence from napoles, there would be no need for her list. if govt does not have these evidence in its possession yet, then why not?

  2. What’s the delay about? The longer the motion of justice is set aside to entertain other options when all the evidence are all glaringly clear, the more confusion and chaos the camps of the dark will do damage to the case. Napoles should not not be considered a state witness because she already fails this requirement that says (b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused; and even though she hasn’t been charged of any moral turpitude, in the eyes of law, which was blindfolded at that time, susmaryosep, ano pa ba ang tawag dyan kay Napoles? We already have called her horrific names, pero wala pa rin daw record of moral turpitude (wiki) “conduct that is considered contrary to community standards of justice, honesty or good morals @BAYCAS, can you please consult with Mang Bernie what he thinks about it? And her husband should be held responsible for withholding the knowledge that the Kevlar helmets supposed to protect the lives of the marine soldiers were of inferior quality, Well, I know they are a couple but now even husbands can be sued and punished for raping the wife, sometimes the law is beyond comprehension especially if adjudged for the chosen few.

    • @netty,

      Parang naalala ko na dati’y aking ipinanukala ang “commutation” ng sentence sa mga mandarambong na kumakanta ay from DEATH to LIFE imprisonment.

      Para kina Mang Bernie et al, dapat kasuhan pa rin si JLN at ang kanilang halimbawa para kay JLN ay ganito:

      Kung firing squad ang sentence, dapat daw ang “commutation” bilang witness din laban sa mga mambubutas ay lethal injection na lang…

      Sa opinyon ng mga barbero’y ang pagkakasala ni JLN ay higit o katumbas lang ng mga mambubutas kaya’t kahit na siya’y mandawit pa ng ‘bigger fish’ sa kaniya ang kaparusahan pa rin ay from DEATH to DEATH. Sang-ayon lang sina Mang Bernie sa makataong pamamaraan.

  3. @#32. vander anievas says:
    May 9, 2014 at 10:57 am
    the list is to create confusion and chaos.
    the big cheats and thieves are so happy this is happening.
    affidavits are executed to tell half-truths.
    we all know that fact.
    is a court accepting affidavit as an evidence right away?
    when the integrity of a person is damaged by a hearsay evidence, is it fair to the person harmed?
    let’s be careful.
    we might not be doing good to our nation by rushing the napolist to come in the open.
    let us not underestimate the brains of this scam.
    she is smarter than our brilliant and dumb senators…
    and maybe smarter than us here…
    definitely she is smarter than ass…:)

    the 3 different lists is a modus. and who are the generators? the ones rushing for the release of the list.
    they are pushing delima to a cliff.
    release or no release, delima lose. people lose.
    and the winner? always the winner!
    the thieves. the plunderers.
    TULOY ANG LIGAYA NILA.!
    wag na tayong magpa-uto.
    wag nang magpaloko…

    • vander, kung ako si de lima, isasauli ko kay napoles ang shopping list na natanggap niya and tell napoles to do a better list next time.

      when napoles gets better and when she is in a better frame of mind she can resubmit a list. a more comprehensive one this time, done properly, witnessed, dated and signed.

  4. Well, this drama for Pork Scam revealed how CORRUPT the Philippine politics since Benhur Loy whistle blewing and was…but never will CORRUPTIONS will arise as big as these SINCE the beginning of the Philippine Goverment….Benhur and the likes, just shapen the Philippine Political system…they are considered Heroes of modern times….

    PNOY and his adviser must create an “ULTIMATE LAW” to prevent any chance of CORRUPTING PHILIPPINE FUNDS….in which that “ULTIMATE LAW” must be adhered by the coming GOVERNMENT and will have no POWER to REVISE that “ULTIMATE LAW”…
    That “ULTIMATE LAW” will surely bring proper….

    he he he how true NAPOLIST can be fathomed by the only one who did not enjoy Pork Barrel funds==>>Sen Ping Lacson, who else? See, even Sen Mirriam was listed??? With the current law giving chance to CORRUPT the Pork Barrel funds, no one can avoid nor remain a saint….even me and some of you will succumb to temptations…he he he

    Yearly Taxes are sure FUNDS…it must be protected by an “ULTIMATE LAW”….he he he
    there is one…but a lot will oppose….time to have Hybrid Law workable among Christian, Muslims and other Religions…one of the punishment for that ULTIMATE LAW is BEHEADING!!!

    • I agree with you to be included in YOUR BEAHEADING are JOURNALIST who really MUDDLED the already MUDDLED ISSUEs on everything and anything as long as corruption of PUBLIC FUNDs are involved…..

      • @victin

        Bad Journalist and bad lawyers are working to earn, are their acts punishable?

        • In the eyes of an ordinary Filipino citizen when you muddle slowly an issue already muddled the GUILTY will escape prosecution and will come out INNOCENT….that is the MORTAL SIN they have done that needs to be BEHEADED….

        • Agree — dapat may pananagutan din mga lawyer and lalo na mga journalist kapag nagsinungaling sila.

  5. JLN maybe untrustworthy but does not mean she’s incapable of telling the truth. Benhur Luy was once a loyal soldier to her until circumstances forced him to change his allegiance.

    Ruby Tuazon for many years was robbing the Filipino people money but for fear of imprisonment, she’s returning 40M to become a state witness. And personally, I wonder who between Ruby and JLN is the bigger crook.

    So I quote my favorite malapropism, “don’t judge JLN, she’s not a book.” Consider the Napolist with a grain of salt if you wish, but don’t discard. Maybe she has the goods against those she accused. Or at least a circumstantial evidence to warrant a deeper investigation.

    Remember, many if not all senators, congressmen, and those in the executive offices are there for fame and fortune. And why the special privilege Malacanang is giving to JLN?

    • …yes…every human is capable to tell the truth. The problem is why tell a lie as the choice. Wrong choice in the acts.

      …easier to tell a lie than to tell the truth.

      • true, leona, and some humans are habitual liars. they tell lies at the 1st chance they got. made lying into an art form that they become 1st class scammers and con artists of the highest degree. napoles telling the truth? I’ll believe it if she undergoes 3 lie detector test and passed each time.

        napoles will be judged by her own action or lack of it. she has not done enough to convince us all that she is telling the truth, the whole truth and nothing but the truth. and she has not been sincere. why not surrender her red account book that contain details of all her secret dealings done through the years?

        and now de lima is being errand girl, running errands for napoles. doing napoles’ bidding. looking for evidences high and low. when the evidences de lima is urgently looking for is within arm’s reach of napoles. but napoles is not telling.

        • …and worst is Janet [acc to her statements] is only a HIGH SCHOOL GRAD but lie better than a bad lawyer …hehehe

          …maybe research can be done on her past High School years…her classmates, teachers, atbpa…who and what was she then as she claims SHE DOES NOT KNOW MUCH about right and wrong under the law;

          …will she seek mental asylum then? and not as a state witness?

        • napoles’ alma mater in basilan is not happy with her. she got billions and yet, give not a peso for the upkeep of her old school.

      • @Leona,

        Napolist a escape goat for Janets children and bad news for other Senatong and Tongcressmen he he he, liar may she be in the first act, poison ivy she is now for other hidden corrupt officials he he he Napolist is a bargain, the implicated senatong and tongressmen will do bargaining he he he he pero kahiya hiya na sila…

        Some of these corrupt officals were not really bad, they were tempted, and they failed. It is the same as Adam succumb to Shatans words of wisdom and they became sinners he he he

        The Main culprit is the SYSTEM, why there are chances to corrupt? Anyone who violated these SYSTEM are criminals, may it be knowingly or not, it is still bad, a crime against People of the Philippine he he he specially to those who paid all forms of taxes such as VAT he he he

        once cannot create a fire without a spark…Bruce Springsteen i love this song…
        he he he the senatong and tongcressmen created a Spark, they got tempted and involved in the SCAM he he he he now Janet creates the Fire he he he he…
        Janet and others alike will be burned in Hell…for now, they are burning within their hot seat he he he

    • “So I quote my favorite malapropism, ‘don’t judge JLN, she’s not a book.‘”

      – arlie
      http://raissarobles.com/2014/05/14/5-reasons-not-to-believe-the-napolist-just-yet/comment-page-1/#comment-137180

      I may also quote Mang Bernie et al…

      “Why can’t JLN be judged when she already blew her cover despite not being a book?”

      The barbers, in unison and in the vernacular (just translated here), quipped…

      “If she will be charged, convicted, and, for example, sentenced to die by firing squad, let her die instead by ‘humane‘ lethal injection. Plea bargains must not result to total absolution from the high crime committed.”

      “Better to stick to the LUYstahan* (as what PDI had coined versus the ‘Napolist’…more comprehensive…just by the list alone. Besides, Benhur Luy IS still the whistleblower against JLN plus lawmakers et al.

      Amen.

      —–
      *The moniker ‘LUYstahan’…in Pilipino…connects better to the barbers as being appropriate

  6. Ako nga talaga ay labis nagtataka kung bakit pinagkakaabalahan natin itong Napolist samantalang obvious na obvious naman na ito ay isang panguulok sa publiko at sa umiiral na proseso’t imbestigasyon ng Ombudsman. Hindi man lang naisip na itong si Napoles ay desperada pa sa dilang desperada kayo gagawin at gagawin nito ang lahat upang maisalba ang sarili at mga kamag-anak kahit ang kapalit nito ay ang tuluyang pagkakatosta ng kanyang kaluluwa sa dagat ng impyerno. Magtiwala tayo sa sinabi ni Ombudsman Morales na malakas ang kaso ng gobyerno na makapagpapakulong sa mga akusado sa pangunguna nina Tanda, Sexy at Pogi. ‘Wag tayong palilito at palilinlang sa mga mandarambong na kagaya ni Napoles.

    • @ John,

      Tama ka John, Napakatibay na nang mga ibedensiya at nandiyan pa ang COA report na nagpapatotoo sa mga Pdaf Scam…Bakit pa natin pakikinggan ang mandarambong, sinungaling, manggagamit na si janet lim napoles…Ikulong na nga yan at nang tumanda at mamatay na sana? isama mga senatong na makasalanan din…Nakakahiya at nakakadiri na sila…

    • @john

      there are lots of scammers, not only three he he he Leila is just fishing the others he he he

  7. Hi,
    My question is really how Estrada knew that Tuason was the brains of Malampaya ? It seems he announce it first before Napolist said so ?

    • Maybe Jinggoy co-authored the Napolist. He said before that Ruby’s house in Dasma is a Malampaya mansion. In March 2014 Jinggoy announced that Ruby got the most from the Malampaya Fund scam.

      • ay, rene-ipil, I would have thought being ex police chief, ping lacson, would have shown detective tendencies, immediately treat his copy of the list as evidence and dusted it for fingerprints. he might have picked up compromising prints lke maybe that of jinggoy’s, also that of napoles’ brother still in hiding. sayang.

    • ang pagpapalabas o pagpapasasa sa mga funds ay hindi lingid sa mga taga congress at iba pang ahensya ng govt.
      depende na lang iyan sa preference ng sinumang gustong mag-sponsor sa anumang project.
      may nagpapasangkot, may naisasangkot at may ayay masangkot sa paglustay o paggasta ng pondo.
      mapalad tayo kung mas marami ang ayaw magpagamit sa mga bogus…

  8. alet! alert! looks like an obfuscation dance to me.

    approach with caution. raissa, as always, is correct. it looks like much ado about nothing.

    still, Naoles should be watched carefully. “arranged accidents” still happen.

    as for the affidavit’s info value – nil.

    vernon

  9. The PDAF as it is epitomizes our weakness exposing the worst of our systemic set of things as a fiefdom peopled by well heeled better educated and extremely corrupt people. But the country have all but been the hub for the wealthy and the powerful, monopolist oligarchs. So how would we propose seeing much of these to end?

    Coup plots and horse trading, delays and postponements and then whitewash just like the 1968 Jabidah investigations in congress Marcos escaping prosecution for crimes against humanity, culpable violation of the Philippine Constitution and later dodging prosecution for war crimes for atrocities during martial law.

    The Marcos infractions is I think the worst that could have violated Filipino lives and laws, yet even in death his laws remain active stealing away the Malampaya funds via Napoles.

      • “The true enemies of the people are criminals and the government so let us tie down the second with the chains of the Constitution so the second will not become the legalized version of the first” – Thomas Jefferson.

        When you have a bunch of criminals, cronys and dynasties enacting the laws, how do you protect the sheep from the wolves? Raissa, how can we filter this to masses so that they will open their eyes and stop electing the very people that are causing their misery and poverty? Imelda hid the shanties in Roxas Blvd with a wall so the visitors will not see the poverty. Are we always going to hide our government behind a wall so the people will not see the cancer that has been there and grown since the time of Marcos?

        When people hear the crimes committed by Marcos and their cronys, yet you have 3 or 4 Marcoses in government, how will they believe what they hear? Everyone knows about Singson, et al. They remain scot free. The BIR and the massive houses they flaunt. No one is in jail.

        It’s very frustrating. Treat Napoles like they did Cedric Lee and put her in a real prison, even if by herself and under close guard, she will sing. Right now, she has no reason to sing. For as long as people can see where they will end up, they will sing. Ruby Tuason did not sing completely because she knows she can skirt the system. So does Gigi Reyes. Honasan killed people and he’s a senator! Jinggoy knows that if incarcerated, he will be in an air conditioned cell ready to be wisked off to the hospital at a moment’s notice.

        It really is more fun to steal in the Philippines.

    • @koko,
      agree 100%
      no one can match the dictator’s genius.
      had he used it for our country’s good, what is singapore? or malaysia?
      he had crafted modus to steal billions and being utilized until this day.
      he will forever stay in guinness as a world record…

      • Marcos succumbed to temptations, he was not a genius, his greed drives him to persecution, he was a great sinner…

        I considered good people like you and the likes of Raissa as Geniuses…

  10. As always, your analysis is spot-on. And an unsigned list / affidavit is merely a scrap of paper – nothing more.

    If we take a closer look on the reason of the Ombudsman why GMA was off the hook in the fertilizer scam, it is because of her lack of signature. So what value does this NAPOLIST have?

    Funny why the Senate committee investigating(?) the Napoles files is falling for this Napolist and dignifying its existence. And funnier that Sec de Lima gave in to a meeting with Napoles. Why? Was there a need for it?

    The complete Ben Hur Luy files that PDI is running (now on its 4th series) is a more credible read.

    Now, we just have to wait for the issuance of WAs of ever there will be… and await the implementation of these.

  12. Thanks Raissa for a very detailed analysis of the Napolist. I think it just served its purpose, it heightened the awareness of the Filipinos on the massive scale of the corruption happening in Congress….