Ombudsman to decide on NBN complaints next week

MANILA, Philippines – The Office of the Ombudsman is set to conclude next week its investigation on seven criminal complaints in relation to alleged anomalies in the botched $329-million national broadband network (NBN) project with Chinese firm ZTE Corp.

After gathering all the necessary documents since they started the probe in February this year, Assistant Ombudsman Jose de Jesus Jr. said their panel would convene to decide if the case would be forwarded to the Sandiganbayan.

De Jesus said the panel would then issue a resolution stating whether or not they have found probable cause to pursue criminal complaints related to the NBN-ZTE controversy.

He said the lawyers of the respondents in the complaints have already submitted their respective comments on the affirmation of testimonies of key witnesses during Senate inquiry on the bribery scandal.

“So we are now in the final stage of the investigation, which is assessment of merits of the complaints and corresponding defense. The job of the special panel now is to determine probable cause of the case and decide if it would be filed with the Sandiganbayan,” the official told The STAR.

“The decision (of the panel) would be out by next week at the earliest,” he added.

De Jesus, however, clarified that the investigating panel might likewise conduct further hearing and call on any of the complainants, respondents and witnesses for “further clarification” after next week’s meeting.

Lawyers of First Gentleman Miguel Arroyo and former Commission on Elections chair Benjamin Abalos, who were named respondents, submitted their comments to the affirmation of testimonies of witnesses the other week.

Abalos was accused of graft in six of the seven cases while Arroyo was named in four of them.

The respondents were furnished with copies of affidavits of witnesses businessman Jose de Venecia III, Rodolfo Noel Lozada Jr., and Engr. Dante Madriaga affirming their testimonies in the Senate inquiry.

Lawyer Ernesto Francisco Jr. sought the affirmation of their testimonies.

Francisco, a complainant in the case, believes that the statement is enough to pursue charges against Arroyo and Abalos.

Lozada, resigned head of state-run PhilForest Corp. who was tasked to determine the price of the project, affirmed all his testimonies in the hearings of joint Senate inquiry on the NBN scandal, a transcript of which was earlier transmitted to the Ombudsman.

But he requested not to sign pages in the 5,000-page transcript where his testimonies appeared as required by the panel and instead certified the transcript of stenographic notes from the Senate as “true copies.”

Lozada appeared in the Senate hearings on Feb. 8, 11 and 18, and March 11.

In his testimonies, Lozada narrated how “Chairman Abalos wanted to protect his $130-million commission on the project.”

He said the project was supposed to be on a build-operate-transfer basis but Abalos insisted on having it done on a loan basis.

He also revealed that the original cost of the project was only $262 million but ballooned to $329 million after he quit as consultant to the project due to threats from Abalos.

De Venecia, son and namesake of former House speaker Jose de Venecia Jr., affirmed his testimonies last June 23.

Madriaga also affirmed his testimonies in the Senate inquiry before the Ombudsman last June 5.

As technical consultant to the NBN deal, he affirmed under oath that President Arroyo and her husband were involved in the controversial project.

He maintained that the contract with ZTE Corp. ballooned to $329 million from original price of $50 million. He also said the government had already paid $41 million as advance to the ZTE.