PORK PLUNDER RAPS FILED; ENRILE, ESTRADA, REVILLA HEAD 10 INDICTEES IN P597M SCAM
By PETER TABINGO, Malaya
THREE plunder indictments were approved by the Office of the Ombudsman yesterday against Senators Juan Ponce Enrile, Jose “Jinggoy” Estrada, and Ramon “Bong” Revilla Jr., and seven others for allegedly amassing P597 million in kickbacks and commissions from the disbursement of their Priority Development Assistance Funds (PDAF) or “pork barrel.”
Enrile was accused of pocketing P172 million, Revilla P242 million, and Estrada P183 million supposedly paid out of their pork barrel funds channeled through selected implementing agencies and into bogus non-government organizations set up by alleged pork barrel scam mastermind Janet Lim Napoles.
Napoles is said to have diverted a total of P10 billion in PDAF to her bogus NGOs for several years. Napoles, who is now detained, was named co-defendant in each of the cases against the three lawmakers along with John Raymond de Asis and John Ronald Lim, who were identified as officials of her NGOs.
“The three senators took undue advantage of their official position to illegally divert their congressional allocations in exchange for kickbacks, with the projects turning out to be ghost projects,” the Office of the Ombudsman said in a statement.
Revilla’s lawyer, Joel Bodegon, said the charges are merely an exercise in persecution.
“A thorough and just examination and appreciation of all existing pieces of evidence will lead to only one conclusion, and that is the vindication of Senator Revilla,” he added.
Estrada said he would not run away but face the charges in court, hoping to clear his name.
Enrile could not immediately be reached for comment.
Before the Ombudsman made the announcement, Sen. Teofisto Guingona said the Senate Blue Ribbon committee which he chairs will recommend the filing of plunder charges against the three senators.
Guingona said the recommendation is contained in a “draft” committee report, prepared after nine hearings, which other members have not yet signed.
In a hastily called press conference, Guingona said his panel found sufficient basis to recommend the filing of plunder and other criminal cases against the three opposition senators along with Napoles and several other individuals.
At the Ombudsman, named in two counts in connection with Enrile and Estrada is Ruby Tuason who has admitted to receiving commissions from the scam and is hoping to turn state witness.
Also facing one plunder case each are Enrile’s former chief of staff, lawyer Jessica Lucila “Gigi” Reyes; Revilla’s chief political staff, Richard Cambe; and Estrada’s appointments staff Pauline Therese Mary Labayen.
Assistant Ombudsman Asryman Rafanan clarified that all the defendants still have an opportunity to file motions for reconsideration within five days upon receipt of the Ombudsman’s resolution.
He said Ombudsman Conchita Carpio Morales is considering the option of creating a special prosecution panel to handle the trial of the PDAF plunder cases to facilitate proceedings.
Likewise, initial moves being studied are requesting the Sandiganbayan to immediately freeze the assets of all defendants through a writ of preliminary attachment and seeking the issuance of hold departure orders against them to prevent their flight to avoid prosecution.
Plunder being a capital offense is non-bailable so that all the defendants face possible arrest and detention for the duration of the trial once the cases are filed in court.
Aside from plunder, Enrile, Reyes, Napoles, Lim, De Asis and Tuason were also indicted in 15 counts of graft for alleged mishandling of the lawmaker’s pork barrel funds totaling P345 million.
Revilla is also facing 16 counts of graft along with Cambe, Napoles, and De Asis over irregularities in the disbursement of P517-million PDAF.
Estrada, on the other hand, is facing additional 11 counts of graft with Labayen, Tuason, Napoles and De Asis on allegations of causing undue injury to the government in the amount of P278 million corresponding to the pork barrel funds distributed by his office.
SARO RELEASES
Budget Undersecretary Mario Relampagos was charged in all 42 counts of graft.
Rafanan explained that the number of graft charges was determined by how many special allotment release orders (SAROs) were issued by the DBM for the PDAF sums involved and the number of implementing agency-NGO tandems involved in the transactions.
The Ombudsman said the strongest evidence that pinned the respondents came from the testimonies and sworn affidavits of whistleblowers Benhur Luy, Marina Sula and Merlina Sunas, all former employees of Napoles.
These bolstered findings of the Commission on Audit, contained in its Aug. 16, 2013 special audit report, on irregularities uncovered in the release of PDAF between 2007 and 2009.
The plunder and graft complaints were filed in September last year by the Department of Justice and the NBI against the three senators and more than 30 other individuals.
Rafanan said counter accusations made by the respondents failed to overcome the strength of the evidence against them.
“Matapos ang masusi at patas na pagsusuri ng mga ebidensya, nakita ng Ombudsman na hindi sapat ang kanilang (respondent’s) pagsagot sa mga akusasyon. The Ombudsman found probable cause to indict (the three senators), Napoles, a number of government employees. and NGO officers,” he said.
He said that there are other ongoing investigations into the involvement of more lawmakers and other private persons in the multi-billion peso PDAF scam.
Once completed, Rafanan said, additional charges may be filed in court if warranted based on evidence gathered.
DRAFT REPORT
Guingona, in a press conference, said the committee found that his three colleagues, Napoles and others involved in the scam committed conspiracy to pocket public funds.
Aside from plunder and malversation of public funds, the unsigned committee report also recommended the filing of other charges against those involved in the scam.
Among the charges Guingona recommended against the three senators are: direct bribery; fraud against the public treasury and similar offenses; violating the Anti-Graft and Corrupt Practices Act; and, violating the Code of Conduct and Ethical Standards for Public Officials and Employees.
Guingona, in a power point presentation, showed how the accused siphoned public funds, starting with the setting up of bogus NGOs, negotiations between Napoles and her cohorts with target lawmakers, and the splitting of the loot.
“The use of a voucher system shows the sophistication of their system, white for the original ledger, yellow for accounting, and pink for the lawmaker,” he said.
Others recommended to be charged are Reyes, Enrile’s former chief of staff; Labayen, Estrada’s former appointments secretary; and Cambe.
The report also recommended the filing of charges against former heads of implementing agencies such as former National Agribusiness Corporation president Alan Javellana and former Technology Resource Center director general Antonio Ortiz.
The panel though recommended more investigation into the liability of former members of the House of Representatives, with Guingona saying they were not summoned to the Senate probe.
NOT SURPRISED
Estrada said he was not surprised with the recommendation of Guingona panel because Guingona “has already issued his prejudgment” even before the committee report was prepared.
Revilla, for his part, said the report was obviously “rushed.”
Enrile, as in the past, said he will answer the charges in court.
Estrada said he was not expecting to receive a fair treatment from the Senate Blue Ribbon Committee.
“The chair has already issued his prejudgment even prior to this date when he is releasing the committee report. Some of the members as well have shown their patent bias and partiality against their own beleaguered colleagues, in pursuit of personal ambitions and political agenda,” he said.
“It is a very well orchestrated April Fools’ Day operation,” he added.
“First, the Senate blue ribbon committee came out with a committee report, recommending the filing of plunder charges against me and two of my colleagues and several others. Second, not to be outdone, the Office of the Ombudsman, held a press con also recommended the filing of plunder charges against the three senators,” he said.
Nevertheless, Estrada reiterated his readiness to defend himself in court, saying it is the proper forum.
Revilla’s lawyer, Bodegon, said they were taken aback by Ombudsman Conchita Carpio-Morales “brazenness” in “hastily resolving” the preliminary investigation against the senator.
“We still have a pending petition for certiorari with the Supreme Court against the Ombudsman for exercising grave abuse of its discretion,” he said in a statement.
“In fact, oral arguments on that petition were supposed to be held today, but were moved back by the Court to April 22,” he said.
Revilla is out of the country.
Sen. Nancy Binay, a member of the minority bloc, was surprised with Guingona’s sudden announcement.
She said Guingona should have first consulted his fellow senators about the draft report.
“Ni hindi pa po namin nakikita ang nilalaman ng report. Sana po ay nabigyan muna kami ng kahit summary ng draft report. So technically, hindi pa siya official,” she said.
Based on the rules, committee reports must be approved by majority of its regular and ex officio members.
Senate President Franklin Drilon said the decision of the Ombudsman “is part of the constitutional and legal process to which we are all bound and which we must all accept and respect.”
“I am certain that her decision is purely based on an honest and objective appreciation and appraisal of the facts and evidence. And that the finding of probable cause against the respondents was determined after a careful and thorough evaluation of the case,” he added.
He asked the Sandiganbayan to set the case for “speedy trial so that the innocent would be cleared of the charges and set free, and the guilty punished and jailed.”
Communications Secretary Herminio Coloma Jr. said the Ombudsman resolution upheld the major points in the complaint filed by the DOJ and the NBI in September last year.
“The wheels of justice are moving forward. We share our people’s fervent hopes on the final resolution of these cases,” he added. – With JP Lopez, Jocelyn Montemayor and Reuters
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