DOJ to start with perjury on ZTE probe today

MANILA, Philippines – The inquiry by the Department of Justice into the allegedly anomalous $329-million national broadband network (NBN) deal between the government and ZTE Corp. of China officially starts today.

Panel chairman Justice Undersecretary Ernesto Pineda said yesterday the inquiry will focus on possible perjury committed in the conduct of the controversial deal.

He stressed the DOJ probe will not just zero in on whistleblower Rodolfo “Jun” Lozada.

“So many people have testified so we are not targeting just one, but many who may have committed perjury involving this national issue. We have requested the National Bureau of Investigation to get the copy of the transcript at the Senate. Some people have executed affidavits so on the basis of these affidavits and transcripts you can begin the work to find out whether there was perjury or false testimony at the Senate,” Pineda said.

The DOJ panel had earlier invited for today’s hearing Transportation and Communications Secretary Leandro Mendoza and Commission on Higher Education Chairman Romulo Neri.

According to Pineda, Mendoza had ordered DOTC Assistant Secretary Lorenzo Formoso III to represent him at the inquiry set at 9 a.m. today. Neri said he would be represented by his lawyer at the inquiry at 2 p.m.

“Our hearing tomorrow is a fact-finding matter. If we find out that there was a crime, then we recommend to the secretary of justice the holding of a preliminary investigation. We will also investigate violations of the Procurement Reform Act of the Philippines,” Pineda said.

He said the DOJ has jurisdiction over Republic Act 9184, or the Procurement Reform Act, as it is a special criminal law.

The DOJ panel will also be inviting businessman Jose de Venecia III, former Commission on Elections chairman Benjamin Abalos and Lozada.

“The focus of the Senate investigation is to aid them in passing laws. Our focus is different. We want to put behind bars those who have committed crimes in connection with the ZTE deal,” Pineda said.

He said that after conducting its inquiry, the panel will then be recommending the conduct of a preliminary investigation.

When asked if First Gentleman Jose Miguel Arroyo will be invited by the DOJ in the course of its probe, Pineda said there is no need for that at the moment.

“We don’t know if there is relevance in the investigation because Mike Arroyo has not executed any affidavit,” he said.

Pineda added that even ZTE officials would be invited to shed light on the issue.

Composing the DOJ panel are Assistant Chief State Prosecutor Severino Gana, Assistant Chief State Prosecutor Miguel Gudio, City Prosecutor Emilie Fe de los Santos and Senior State Prosecutor Aileen Marie Gutierrez.

The panel will be assisted by Undersecretary Vicente Salazar in determining all concerned persons, officials and witnesses to be invited or subpoenaed as resource persons, and in assessing all testimonial and object evidence gathered in the panel proceedings.

Meanwhile, Justice Secretary Raul Gonzalez said the DOJ would probe Lozada’s finances after receiving reports that Lozada did not receive any salary while working as president and chief executive officer of Philippine Forest Corp.

“I understand he is not a plantilla official. My information is that he does not receive any salary,” said Gonzalez in an interview over dwIZ.

Gonzalez said they will look into Lozada’s finances to determine how he had managed to play golf at the exclusive Wack Wack Golf and Country Club in Mandaluyong and send all his children to an exclusive school despite receiving no compensation from the government.

“I’m not sure if he can be considered a public official,” he said. “As per information of the Department of Environment and Natural Resources, he is not a plantilla official but only a consultant.”