Expo scam charges set to be filed this week

The Office of the Ombudsman is set to file this week graft charges against former Vice President Salvador Laurel in connection with alleged overpricing in the construction of the controversial Freedom ring in Clark Field, Pampanga.

Ombudsman Aniano Desierto said the case should have been filed yesterday, but was postponed due to the suspension of work declared by Malacañang because of the floods spawned by heavy rains.

Desierto told reporters that Assistant Ombudsman Hilario Apostol who conducted the preliminary investigation found probable cause to sue Laurel for alleged violation of Republic Act 3019, also called the Anti-Graft and Corrupt Practices Act.

The case stemmed from Laurel’s alleged role in the overpricing of the project from an actual value of P248 million to P1.2 billion in his capacity as chairman of the National Centennial Commission (NCC).

Freedom Ring was constructed by from 1996 to 1997 as a center stage for the country’s observance of its centennial in 1998, with Asia Construction Development Corp. (Asia Konstract) as the general contract.

"The actual contract price is P248 milion, but Laurel allegedly made it P1.2 billion. That is the reason why former President (Fidel V.) Ramos objected to the project," Desierto said. "It was also found out by the (probe) panel that there was no bidding conducted, and in 15 minutes time, Laurel awarded it to the private contractor."

The Ombudsman also revealed that Laurel issued a notice to proceed with the construction of the Freedom Ring three months before the contract was signed with Asia Konstract.

"Laurel also ordered the first payment amounting to P300 million and released the money to the Asia Konstract," Desierto added.

The Supreme Court (SC) denied with finality last week Laurel’s to stop the Ombudsman from indicting him for his alleged involvement in the P9.6 billion Expo Filipino scam in 1998.

Justice Santiago Kapunan, the proponent of the ruling, dismissed the arguments Laurel presented before the court’s five-member first division and paved the way for the Ombudsman to file corruption charges against Laurel.

The SC stopped Desierto from indicting Laurel in October 2001 after he obtained a temporary restraining order (TRO), but the high court lifted the TRO on April 24. Laurel filed a motion for reconsideration.

The first division also denied with finality Laurel’s plea to present his arguments to the SC en banc.

"Accordingly the motion for reconsideration and referral to the Court en banc is denied. This denial is final," said Kapunan, who also penned the April 24 decision lifting the TRO.

Justices Reynato Puno and Consuelo Santiago concurred with Kapunan’s six-page decision while Chief Justice Hilario Davide Jr. and Ma. Alicia Austria-Martinez abstained.

The ruling described as "irrelevant" Laurel’s argument that his case has "serious constitutional repercussions" because the defunct NCC included senators, Cabinet members and even SC justices.

"Such serious constitutional repercussions do not reduce the force of the rationale behind this Court’s decision," the SC said.

Laurel also argued that the charges against him were "politically motivated" and blamed jailed former President Joseph Estrada and former Sen. Nikki Coseteng for instigating the charges.

Although he did not identify Coseteng by name, Laurel held that the speech delivered by a "disgraced former lady senator and abetted by a disgraced former president now in jail" were the reasons why three separate investigations were conducted on the Expo Filipino controversy.

The Expo Filipino controversy was investigated by the Senate Blue Ribbon committee, the Ombudsman and a probe Estrada ordered to be conducted by former Sen. Rene Saguisag.

He claimed that Coseteng instigated the investigations against him because she asked for something the NCC could not accommodate.

"The lady senator asked the NCC something beyond its capacity to give. Disappointed, she delivered an angry speech. She became even angrier when the Blue Ribbon found her own chief aide indictable for criminal extortion," Laurel claimed.

Laurel said that this chief of staff, whom he did not name but is known to be Ponciano "Chito" Roque, was "established" to have "succeeded in extorting P150,000 from a former official of the Clark Development Corp."

But the SC held that Laurel was a public officer when he was named chairman of the NCC and that he was accountable for any act he committed which may fall under Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.

The court held Laurel liable for alleged irregularities involving the Freedom Ring project, a portion of the P9.6-billion Expo Filipino which was built for the nation’s centennial anniversary.

Graft probers Mary Ann Corpus-Mañalac, Emma Suarez and Ma. Lina Llagas-Vicente stated in their findings that Laurel awarded the Freedom Ring project to Asia Construction Development Corp. without the benefit of a public bidding.

They also found that the former NCC chairman "prematurely" issued a notice to proceed with the construction project in December 1996 when the contract itself was signed four months later, or in April 1997.