Ombudsman to consolidate ZTE cases

MANILA, Philippines – The Office of the Obudsman Office formed yesterday two panels – one to investigate the anomalous ZTE-National Broadband Network (NBN) deal, and the other, the alleged kidnapping of star witness Rodolfo Lozada Jr. – to speed up the resolutions of the cases all at the same time.

Ombudsman Merceditas Gutierrez,  however,  said the investigation conducted by her office will not affect the ongoing Senate inquiry.

She explained that the Senate probe is in aid of legislation, while that of the Ombudsman is to see whether there is probable cause to file a case before the court.

In a press conference, Gutierrez said the two panels were formed in view of the recent testimony of Lozada at the Senate.

“The press conference was called to update you on the cases of the ZTE-NBN broadband deal. This is also in view of the recent development arising from the Lozada testimony. It is of national interest that we inform the public on the status of the cases before us,” said Gutierrez.

The press conference was also attended by Assistant Ombudsman Mark Jalandoni, Assistant Ombudsman Jose Tereso de Jesus, Overall Deputy Ombudsman Orlando Casimiro, Deputy Ombudsman Emilio Gonzales, Deputy Special Prosecutor Robert Kallos, and Director Caesar Asuncion.

Gutierrez said the cases filed on the ZTE-NBN deal include National Bureau of Investigation versus Emmanuel Nino Wee Ang; Carlos Padilla versus Leandro Mendoza, et al; Ernesto Francisco Jr. versus Benjamin Abalos Sr., Jose Miguel Arroyo, et al; Roberto Rafael Pulido versus Jose de Venecia Jr. and Jose de Venecia III; Ma. Theresa Hontiveros-Baraquel versus Benjamin Abalos Sr.; Teofisto Guingona Jr., et al versus Gloria Macapagal-Arroyo, et al; and Joel Villanueva versus Benjamin Abalos Sr. and Jose Miguel Arroyo.

Gutierrez said the cases will be consolidated into just one case since all involve the ZTE-NBN deal.

“There are allegations that we are sitting on these cases. That is not true,” she said.

Yesterday morning, the Ombudsman signed an office order for the creation of a panel to conduct a preliminary investigation and administrative adjudication of the ZTE-NBN cases.

If the evidence warrants,  she said the Office of the Ombudsman will file the appropriate information before the Sandiganbayan or any appropriate court.

The panel to conduct the investigation on the ZTE-NBN deal will be headed by Overall Deputy Ombudsman Orlando Casimiro.

The members are Deputy Ombudsman Emilio Gonzales III, of the Military and  Other Law Enforcement Office (MOLEO); Deputy Special Prosecutor Robert Kallos; Assistant Ombudsman in Mindanao Rodolfo Elman; and Director Caesar Asuncion, of the Asset Investigation Bureau.

Gutierrez said the Ombudsman’s Office will conduct public hearings on these investigations.

“We are doing this for the purpose of transparency, and in the light of the recent developments in the Senate. We consider these cases as national interest that should be opened to the public. I would also like to add that the investigation of all these cases have been going on quietly and smoothly. All the parties will be required to personally attend the hearings to answer clarificatory questions,” said Gutierrez.

She also signed yesterday morning an Office Order creating a fact-finding panel created to investigate the alleged abduction of Lozada.

The panel is chaired by lawyer Dennis Garcia, from MOLEO; this is co-chaired by lawyer Rolando Cervantes, also from MOLEO, with members lawyers Dinah Camba, and Michael Paul Israel, and Rodney Henson, Rodil Buenaventura, all of MOLEO.

The Lozada panel shall report directly to the Ombudsman on the progress of the investigation.

Gutierrez said the panel shall all be responsible for the filing of the necessary complaint informations in connection with the alleged abduction if evidence warrants.

“We would like to assure the public that the Office of the Ombudsman is doing its job. We are doing quietly the investigation if possible, away from the voyeur of the media as so as to accord everybody due process. We want to make sure that the cases that we file in court are done with scrutiny of the justices. We don’t want to file cases just for the sake of filing. We don’t want to lose our cases,” Gutierrez said.

Although no deadline was made, Gutierrez said that the time line would depend on the investigations of the Senate.