CA orders arrest of 2 key witnesses

A committee of the Commission on Appointments (CA), in an unprecedented move, ordered yesterday the arrest of two witnesses who have failed to attend three confirmation hearings on Transportation and Communications Secretary Pantaleon Alvarez.

Quezon Rep. Rafael Nantes, chairman of the CA committee on transportation and communications, ordered the arrest of "consultant of the century" Alfredo Liongson and Presidential Adviser on Strategic Affairs Gloria Tan-Climaco upon motion of Senators Edgardo Angara and Robert Barbers.

The arrest order, however, would not affect the committee deliberations on Alvarez. The panel decided to continue its confirmation hearings on Monday with or without the presence of Liongson and Climaco, after hearing the testimony of NEDA Director General Dante Canlas.

Liongson, the multimillion-dollar consultant of Philippine International Air Transport Co., and Climaco, who was reviewing the government contract with PIATCO for the construction of Terminal 3 of the Ninoy Aquino International Airport, were ordered arrested after they failed to appear in yesterday’s committee hearing despite a subpoena, issued after they had failed to attend two previous hearings.

"We merely want to uphold the integrity of the CA. Unless we do this, the CA will be incapable of enforcing the appearance of witnesses," Angara said.

Reps. Rodolfo Albano of Isabela and Raul del Mar of Cebu City said that this marks the very first time that the CA has ordered the arrest of witnesses.

"Senator Angara did not want to be harsh with Liongson and Climaco the first two times even if they gave lame excuses and we suspected that they really did not want to testify," Del Mar said.

Climaco, who failed to appear in the May 6, 15 and 21 hearings, told the committee that she had to go to the US to be beside her ailing brother. She, however, told the committee that she was not at liberty to disclose the nature of her brother’s illness.

Liongson said he was sick the first time, and that he was going to the US the second time. He gave no excuse the third time. Liongson was dubbed the "consultant of the century" for getting from PIATCO $200,000 a month, plus $200,000 as initial fee, and a total of $2.2 million for carrying out nine tasks.

In the arrest order, Nantes said that Climaco and Liongson, by their continued absence "delayed, impeded and obstructed" the committee’s consideration of Alvarez’s appointment.

Angara said the two would be arrested the moment they set foot on Philippine soil and would continue to be detained until they appear before the committee.

"If they will return after our adjournment, then they will remain arrested until we reconvene in the Third Regular Session," he added.

Angara stressed that his motion is not meant to further delay committee action on Alvarez’s appointment. Espina said that the confirmation process could go on even if Climaco and Liongson do not appear in the next hearing.

"This arrest order will not result in inaction by the committee. We cannot allow the absence of witnesses to paralyze committee work. If we allow that, then a witness can stop all deliberations by simply not attending a hearing, and that is not the intention," Espina said.

Alvarez said it would be unfair if his appointment would be bypassed just because of the non-appearance of Liongson and Climaco.

"I have no control over their movements. The CA is supposed to deliberate on my qualifications as DOTC secretary and not on the legality of the PIATCO contract," Alvarez moaned.

Bias against Alvarez hit

Meanwhile, political leaders from Mindanao decried what they called "regional bias and discrimination" among members of the CA.

The Mindanao leaders, led by Davao Del Norte Gov. Rodolfo del Rosario and Agusan Rep. Rodolfo Plaza, lamented the delay in Alvarez’s confirmation although his detractors have been given ample opportunity to air their objections.

"They only keep repeating the same discredited and baseless charges, thus prolonging the hearing unnecessarily," Del Rosario said.

"We feel that Secretary Alvarez is being subjected to humiliation and harassment by his detractors unnecessarily since he has already refuted all charges against him. Besides, two congressional committees and the Ombudsman have already cleared him of the same charges," Plaza said.

The two leaders described as "utterly ridiculous and baseless the accusations made by the detractors of Alvarez in opposing his confirmation."

In his testimony before the committee, Canlas said that NEDA approval of the PIATCO contract makes it legally binding. In an earlier testimony before the committee, NEDA Director-General Dante Canlas said that NEDA does not concern itself with agreements between PIATCO and its consultants like Liongson.

At the same time, Canlas allayed fears that the high consultancy fee of Liongson would result in higher contract cost for NAIA Terminal 3. He said that the government would continue to receive the contracted returns despite the hiring of Liongson by PIATCO.

Under the contract, the government would receive 36 percent of the terminal fee to be charged at NAIA 3. This is an amendment of the earlier contract pegging the government share at a fixed rate of P180.

Aurora Rep. Bellaflor Angara Castillo said she would seek more clarification in the next hearing on the actual role of Climaco in the review of the PIATCO contract in view of contradicting statements by Canlas and Alvarez.

Vote on Piatco postponed

Meanwhile, the House good government committee postponed indefinitely yesterday its vote on its findings on the controversial Terminal 3 contract.

Rep. Salacnib Baterina (Lakas, Ilocos Sur), a committee vice chairman, told reporters that his chairman, Rep. Ruy Elias Lopez of Davao City, scrapped the scheduled vote at the 11th hour without an explanation.

He said a majority of the committee members would have voted for his version of the panel’s report had the vote been taken yesterday.

Baterina said some influential personalities are seeking support for Lopez’s version of the committee’s findings. He did not name names.

"The longer this issue is left hanging, the longer our people will be in the dark on the truth about this costly project," he added.

Minority Leader Carlos Padilla (LDP, Nueva Vizcaya) said he, too, received a last-minute notice canceling the scheduled vote.

"I think it has to do with the appearance in the Commission on Appointments of Transportation and Communications Secretary Pantaleon Alvarez. They did not want to add to his problems," he said.

Padilla shares Baterina’s findings that the PIATCO contract is flawed and should be canceled.

Baterina and Lopez have conflicting versions of the report. In his version, the chairman finds nothing wrong with the huge PIATCO contract that, as of the latest estimate, could cost taxpayers $760 million (about P38 billion).

Baterina, on the other hand, has found the contract questionable on constitutional and legal grounds which he explained in his detailed report.

He said the government should work for the removal of the "onerous" provisions in the contract and seek better terms from Piatco.

Baterina suggested that Malacañang seek better terms from PIATCO as soon as possible "since the cost of the contract is still rising because PIATCO keeps on borrowing and its loans are the liabilities of the Republic of the Philippines under its contract."

"This is another PPA in the making," the Ilocos congressman said, referring to the equally controversial purchased power adjustment. "It is the public who will shoulder the cost of this contract."

The Baterina-Lopez conflict has put the House in an awkward and unprecedented situation of having three reports on the PIATCO contract.

Earlier, the transportation and communications committee ruled after three hearings that the deal is aboveboard. – With Jess Diaz