News organizations reported today that about One Hundred Fifty Million Pesos was found in the bank accounts of plunder state witness Ben Hur Luy — to which the DOJ state prosecutor said this had not been proven and in any case Ben Hur is immune from prosecution under the Witness Protection Program. Not so fast, and not too cavalierly – it’s One Hundred Fifty Million Pesos apparently from pork barrel, too. The Rules of Court on the discharge of a state witness provide for immunity from prosecution for the crime for which the state witness is charged then discharged. In this case, Ben Hur Luy was discharged for the plunder cases filed against Enrile, Jinggoy, Bong Revilla, et al. He has immunity only for criminal prosecution for the criminal acts that he is testifying on. Nothing more.
It is not a blanket immunity for all kinds of criminal or civil actions for all kinds of acts he may have committed – but only immunity for the criminal acts upon which he is testifying (under the Rules of Court provision on immunity of a state witness).
HOWEVER, the Witness Protection Program may provide for immunity from forfeiture proceedings for ill-gotten wealth arising from criminal transactions that he is testifying on – immoral, maybe, legal, yes (it is condoned and allowed if it is the only way of convicting the masterminds and the state witness does not appear to be the most guilty)
The terms of his WPP contract should be examined and strictly construed, in favor of the public interest. Whether or not Ben Hur Luy has immunity from prosecution or forfeiture of the one hundred fifty million pesos of unexplained wealth depends on:
1.the terms of his WPP contract;
2. the nature of those funds and
3.the source of those funds.
Were those funds sourced from the transactions on which he testified (the Enrile, Jinggoy, Bong Revilla, et al cases)? ….. Or did those funds come from other pork barrel transactions? Look at the paper trail. Am I splitting hairs? It’s one hundred fifty million pesos in unexplained wealth, at best. The terms of his discharge as state witness, his WPP contract, and the paper trail of the one hundred fifty million pesos should be examined.
Breaking news 1:50pm, i can see an inset box with no talkies of a live coverage of the Makati RTC with graphics that say Makati RTC to rule on Benhur Luy’s illegal detention case vs. Napoles– is that already the promulgation of judgment in People vs. Janet Napoles?
1:53 pm still no talkies, the clerk of court is alrady reading out loud the decision. it’s an inset box with no talkies of re-run of Talkback on the topic of OFWs… where’s the audio of the promulgation?
1:56pm Still no audio. It’s serious illegal detention. Capital offense. Pork barrel queen. Still no audio!
1:59pm. Anak ng kamote. Decision ba iyon o interlocutory order lang? It looks like promulgation of the decision, the clerk of court was standing in front of the judge reading it out loud while the accused and her lawyers were on their feet. It’s promulgation. Where are you 2:02pm Nawala na. Wala nang media coverage. Promulgation na ba yon… anobur
