Ombudsman to consider DOJ findings on NBN; JDV, Joey likely to be charged

MANILA, Philippines – The Office of the Ombudsman said yesterday it would consider the findings and recommendations of the Department of Justice (DOJ) in its investigation on seven criminal complaints in relation to alleged anomalies in the botched $329-million national broadband network (NBN) deal with China’s ZTE Corp.

Assistant Ombudsman Jose de Jesus Jr. said the special panel consolidating all complaints filed in connection with the bribery scandal would most likely incorporate in their decision the findings of the DOJ that the NBN project was not overpriced.

It will also most likely recommend the filing of graft charges against former House speaker Jose de Venecia Jr.

“We have so far not received any such report from the DOJ. But the moment we get it, we shall incorporate it with the complaint against the De Venecias (Jose and son Jose III) already being investigated by the panel as part thereof and will be acted upon by it appropriately,” he told The STAR.

De Jesus, spokesman for the anti-graft office, said the special panel will meet to determine “if there is need for further clarification on the cases through hearing.”

He said the findings and recommendations of the DOJ could be raised during the meeting.

The Ombudsman official said their office has been conducting its own investigation on the involvement of De Venecia in the NBN controversy.

One of the seven cases being consolidated by the special panel of Ombudsman is a graft complaint filed on Oct. 8, 2007 by lawyer Ruel Pulido against the former House speaker and his son in relation to alleged anomalies in the NBN deal.

The Ombudsman panel is expected to resolve before yearend all seven NBN-related complaints.

De Jesus said all parties in the NBN-related complaints would also be required to submit their position paper, or summation of pleadings and evidence, affidavits and other documents with citation of jurisprudence, before the consolidated case is submitted for resolution.

The panel, composed of Overall Deputy Ombudsman Orlando Casimiro as chairman, and Deputy Ombudsman Emilio Gonzalez III, Deputy Special Prosecutor Robert Kallos, Assistant Ombudsman Rodolfo Elman and Director Caesar Asuncion as members, will decide if there is probable cause in the NBN complaints that would render filing of criminal charges against respondents before the Sandiganbayan.

The Ombudsman started its investigation of criminal complaints in connection to the NBN controversy last February.

President Arroyo scrapped late last year the NBN contract she signed after the Senate started its inquiry into the alleged overpricing and bribery that accompanied the deal and to which resigned Commission on Elections chairman Benjamin Abalos and her husband, Jose Miguel, were implicated.

Abalos was accused of graft in six of the seven cases, and Mr. Arroyo in four of them.

The seven complaints in relation to the NBN scandal include a case filed by the National Bureau of Investigation against Emmanuel Ang, the commercial attaché who supposedly lost the NBN contract the night after it was signed in Boao, China, on April 21, 2007.

The others are:

• A criminal complaint lodged in August 2007 by Nueva Vizcaya Rep. Carlos Padilla against Transportation Secretary Leandro Mendoza and two assistant secretaries for “giving undue advantage” to ZTE. Executives of the Chinese firm were also named respondents.

• A request by lawyer Ernesto Francisco Jr. on Sept. 24, 2007 for the Ombudsman to investigate the President’s husband and Abalos on their alleged links to the deal. Francisco’s complaint was the first to directly name the President’s husband in the controversy.

• A graft complaint filed Oct. 8, 2007 by lawyer Pulido against De Venecia and his son.

• A graft complaint filed the following day by Akbayan party-list Rep. Risa Hontiveros-Baraquel, this time against Abalos, for allegedly brokering the deal and bribing a Cabinet official and a businessman to ensure that the project would push through.

• The criminal complaint filed by Guingona and other quarters against Arroyo, describing the doctrine of presidential immunity as an “old, archaic” rule that applied to the kings of the past.

• A complaint filed Feb. 8 by Citizens’ Battle Against Corruption party-list Rep. Joel Villanueva against the First Gentleman and Abalos.

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