The law may grant immunity from prosecution to one who appears to be the least guilty and whose testimony is much needed to pursue the case successfully.
Judging from reports, Janet Lim-Napoles must have amassed wealth the total of which could dwarf the amount bribed to lawmakers. In point of fact, therefore, she is undoubtedly the most guilty. Thus, if we go by the strict letter of the law, Napoles will never qualify under such immunity provision.
However, this case is one of first impression where the amount involved is government money and the alleged conspirators are members of the Senate themselves. These government officials took an oath to uphold our laws before assuming office, whereas Napoles had no such undertaking.
In point of law, not to speak of morality and ethics, these senators take the opprobrium of being the most guilty.
It is said that what is included in the spirit even if it is not in the letter is included in the law.
Thus, it behooves the authorities to give this a thought and consider this option pro hac vice [for this one occasion].
—BENJIE GUERRERO,
Business center, Sulo Riviera,
Diliman, Quezon City