Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of JusticeManila

LML-L-14E14-_

14May 2014

Hon. TEOFISTO "TG" GUINGONAIIIChairmanCommittee on Accountability ofPublic Officers and Investigations

Senate of the Republic of the PhilippinesGSIS Bldg., Roxas Blvd.Pasay City

Dear Senator GUINGONA:

Warm greetings!

This is with reference to the Subpoena from the Senate BlueRibbon Committee that was served upon the undersigned last 12May 2014, which Subpoena requires her to submit the "AllegedNapoles list/affidavit on the 'PDAF Scam'" on or before 15 May2014.

In full recognition and respect for the Philippine Senate,particularly the Blue Ribbon Committee's mandate to inquire intomatters falling within its scope of legislative concerns, and guidedby our continuing commitment to foster cooperation among allconcerned in this matter of the highest public interest to ournation, I hereby manifest and reassure the HonorableChairman and the rest of the Committee of our full intentto deliver the requested documents, as directed under theSubpoena. Admittedly, we shall be doing so in spite of our deeplyheld belief that the ends of fair and thorough administration ofJustice would be best served by awaiting the completion of a full-blown fact-finding investigation by the proper authorities beforethe disclosure of any list or unverified allegations. Nonetheless,upon compulsion from the Senate Blue Ribbon Committee, wefully intend to comply with the same.

I have, in my possession, the List from Mrs. Janet LimNapoles signed by her and an initial affidavit, also duly signed by4her, notarized and submitted yesterday, 13 May 2014. However,

said initial affidavit largely covers only the same subject matter asthe 1st batch of the PDAF complaint and the Malampaya Fundcomplaint that were filed before the Ombudsman last year. We arestill awaiting her extended and much more comprehensiveAffidavit, which is expected to contain her narration of factspertaining to all those named in the list.

To my knowledge and as of this writing, Mrs. Napoles andher lawyers are working long hours at the Ospital ng Makati, inorder to finish the extended Sworn Statement on her account of thePDAF Scam involving her NGOs, public officials and otherpersonalities concerned. However, my most recentcommunications with them made it apparent that they needmore time to complete and submit such Affidavit. Wepresume that this is due to the breadth and scope of her narration.

In light of the foregoing, we are, in turn, constrained torespectfully request the Committee for a one-weekextension of the period within which to comply with theSubpoena, or until 22May 2014.

Rest assured that this request is not intended to unduly delaythe Committee's proceedings. I am certain that the Committeewould understand that a complete Affidavit, signed and sworn toby Mrs. Napoles, would at least have whatever credence could beaccorded to any allegation of fact made under pain of perjury. Wecan all agree perhaps that this is better than a mere list that standsby itself, without even a narrative that would inform those namedtherein (and the public) of what acts are actually being imputedagainst them. In any case, I hereby undertake to personallyupdate the Honorable Chairman on the progress of thepreparation of the Affidavit during the period ofextension.

Finally, and begging the Honorable Chairman's indulgence, Iam compelled to express my opinion that the properadministration of justice would still be best served by a regularfact-finding investigation of Mrs. Napoles's allegations, involvingthe gathering and collation of the same amount of voluminousdocuments that supported the filing of the appropriate criminalcomplaints before the Office of the Ombudsman, which are alreadyundergoing either further fact-finding investigation by theOmbudsman's Field Investigation Office (FlO) or preliminaryiinvestigation by a Panel of Special Investigators/Prosecutors.

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Hence, the undersigned respectfully recommends that theCommittee, instead of disclosing the list and the still unverifiedallegations to the public, could perhaps consider either awaitingthe completion of the vetting process or fact -findinginvestigation by the DOJ/NBI on the allegations made by Mrs.Napoles, or itself refer the documents it has gathered to theOmbudsman or the Inter-Agency Anti-Graft CoordinatingCouncil (IAAGCC), composed chiefly of the Ombudsman, theCommission on Audit (COA) and the DOJ, which is already taskedto investigate and prosecute those involved in all PDAF Scams, notonly those involving Napoles NGOs.

The undersigned appeals to the consideration and wisecircumspection of the Committee, both with respect to the requestfor extension of time and this unsolicited opinion andrecommendation. I am certain that the Committee would readilysee that another week is not an unreasonably long period of timefor the completion and submission of the Affidavit of Mrs. Napoles,which covers, to my understanding, several years of varioustransactions with numerous personalities. After all, it is beyondcavil that this is a matter of grave public concern that is bestaddressed by a thorough investigation, as such would strike acareful balance between the collective interest of the Filipinopeople in ensuring that the persons responsible be brought tojustice, and the interests of those implicated in ensuring that theyare accorded some measure of protection from yet-to-be-validatedaccusations.

Thank you.

Very truly yours,

LEI~Secretary

Department of Justice ~eN : 0201405294

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