The Sandiganbayan has turned down the appeal of pork barrel scam state witness Ruby Tuason for a review of her P900-million Malampaya fund scam in a bid to get her qualified to become a state witness under the government’s witness protection program.
In a minute resolution issued by the anti-graft court’s Third Division, it said Tuason’s motion was baseless.
“While the prosecution did not object to the subject motion and simply submitted its resolution to the sound discretion of the court, the same is inconsequential because the rules and prevailing jurisprudence expressly dictate that the prosecution is the proper party to initiate the said process,” it said.
The court said Tuason’s motion was akin to a motion to remove her as an accused in the case.
Tuason earlier asked the Sandiganbayan for a leave of court to urge the Ombudsman to reevaluate her WPP coverage and find out if her status as a state witness covers all cases outside the pork barrel scam.
But the anti-graft court said any move on the immunity of Tuason must emanate from the prosecution as Section 17, Rule 119 of the Revised Rules of Court provides.
The resolution also stated the Sandiganbayan cannot interfere with the functions of the Ombudsman whether to grant or deny the the immunity of a state witness.
“The court is of the view that the present motion effectively asks the court to authorize a second reconsideration of the Ombudsman’s prior finding of probable cause which simply cannot be done,” the Sandiganbayan said.
