Yearender: DOJ struggles to dispel skepticism over handling of cases

Controversies hounded the Department of Justice last year as it struggled to dispel skepticism over its handling of cases involving the administration of President Arroyo and her political allies.

Its investigation of the national broadband network scandal – beginning on Feb. 8 – drew skepticism from the public long incensed by Justice Secretary Raul Gonzalez’s unmistakable bias against anyone he perceived to be enemies of the administration.

The Senate probe on the $329-million NBN deal with ZTE Corp. of China unraveled some evidence of corruption and even of a murder plot, but a DOJ panel led by Undersecretary Ernesto Pineda ruled on Oct. 13 that there was no overpricing in the deal.

Prior to its resolution, the panel submitted a 37-page report dated Sept. 9, 2008 to Gonzalez stating that it had not found evidence of overpricing.

“The panel, insofar as the overpricing charge is concerned, has found no evidence of overpricing in the costs of the ZTE project,” the panel said in its report.

The panel said whistleblowers Rodolfo “Jun” Lozada and businessman Joey de Venecia III snubbed the panel’s invitation for them to show up and shed light on the NBN issue.

“The two supposed resource persons were very vocal on the charge of overpricing but they refused/failed to appear before the panel,” the DOJ report said.

“The refusal/failure to appear is considered by the panel as an indication that they are not in a position to present any solid proof of overpricing in the costs of the ZTE project,” the panel said.

“The public was also invited to come forward to volunteer or provide evidence of overpricing or other irregularities. No one, however, has come forward to this effect,” the panel added.

In addition, the panel also admitted that the issue had already become moot following the President’s cancellation of the contract.

Bad press

Another bad press for the DOJ was its admonition to members of the media not to interfere in police operations.

The Jan. 11 “reminder” was an offshoot of the Nov. 29, 2007 “Manila Peninsula Siege” by a group of junior military officers led by Sen. Antonio Trillanes.

In the aftermath of the bloodless siege, journalists who were inside the hotel were whisked off to waiting police buses in handcuffs.

Then National Capital Region Police Office chief Geary Barias said the journalists were led away for “processing” at NCRPO’s headquarters in Bicutan, Taguig.

Mercy for murderer

Last October, the DOJ again found itself at the center of controversy with its decision to release convicted murderer Claudio Teehankee Jr.

Gonzalez defended the release of Teehankee, son and namesake of the late chief justice, saying the decision was a presidential prerogative. Teehankee is also the elder brother of former Justice undersecretary Manuel Teehankee, who is now the country’s ambassador to the World Trade Organization.

In 1995, the Supreme Court upheld the conviction for murder of Teehankee over the fatal shooting in 1991 of John Chapman and Maureen Hultman and the wounding of their friend, Jussi Leino.

The victims were coming home from a party in the early morning of July 1991 when shot without provocation by Teehankee.

Jalosjos, Nida Blanca cases

Gonzalez ordered former Zamboanga del Norte Rep. Romeo Jalosjos returned to prison in 2008, and removed a long-time aide of slain actress Nida Blanca from the list of accused to be charged for her murder.

In a resolution last June 19, Gonzalez said the Bureau of Corrections under Vicente Vinarao gave the Office of the President insufficient information on Jalosjos case prior to the commutation of his sentence.

Jalosjos was sentenced to two life terms in 1997 for having sex with an 11-year old girl. Mrs. Arroyo later commuted his sentence to 16 years, three months and three days.

On Dec. 8, the DOJ cleared long-time aide of the late actress Nida Blanca of any involvement in the actress’ murder seven years ago.

In an 11-page resolution, Gonzalez acted on the petition for review filed by Blanca’s aide, Elena de la Paz, of the DOJ’s Nov. 25, 2006 resolution stating probable cause to indict her as an accomplice in the actress’ murder.

De la Paz was implicated in the case by Ranny Francisco who claimed in a sworn statement that he saw Blanca (Dorothy Jones in real life) with De la Paz and two other men at about 7 p.m. on Nov. 6, 2001 at the 6th floor parking area of the Atlanta Centre in Greenhills shortly before the murder.

“The claim of innocence of De la Paz is enough to convince this office to dismiss the case filed against her, considering that the alleged incriminating fact, as shown by Ranny Francisco’s sworn statement that he allegedly saw respondent-appellant (De la Paz) in the company of Nida Blanca before she was found dead the next morning is just tenuous, so much so, that there is no positive evidence to conclude that there is probable cause to Elena de la Paz for trial,” Gonzalez said.

Gonzalez also ordered Francisco discharged from the government’s witness protection program.

Glorietta blast

On May 22, the DOJ recommended the filing of charges of reckless imprudence resulting in multiple homicide against engineers and employees of the Makati Supermarket Corp. and contractors Marchem Industrial Sales and Services and Metaline for the Glorietta 2 blast.

“Evidence on record indeed shows a combination of several factors that led, if not contributed, to the phenomenon of sewer (methane) gas/air explosion,” the resolution read.

The Oct. 19, 2007 Glorietta 2 explosion killed 11 people and injured scores of others.

Last November, the DOJ modified its resolution and cleared MSC project engineer Candelario Valdueza of the charges as well as some engineers of the Ayala Property Management Corp.

The DOJ also cleared a group of Makati City fire inspectors of alleged violation of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.

Rice shortage

Amid a rice shortage in April, Gonzalez ordered the National Bureau of Investigation to crack down on suspected rice hoarders.

In addition to the creation of an NBI anti-rice hoarding task force, Gonzalez also mobilized all prosecutors nationwide to immediately aid in the prosecution of suspected rice hoarders.

Gonzalez said rice hoarders if found guilty would be charged with economic sabotage – a non-bailable offense.

At the height of the rice crisis, Gonzalez also justified the takeover of warehouses of dealers who would make good their threat to stage a rice holiday.

Press people in the news

On July 21, the DOJ recommended the filing of kidnap for ransom charges against Indanan, Sulu Mayor Alvarez Isnaji and his son Haider “Jun” Isnaji for their alleged involvement in the abduction of ABS-CBN reporter Ces Drilon and her crew last June 8.

“After a painstaking and grueling scrutiny of the evidence submitted by the parties to support their respective positions, the panel finds the evidence presented by complainants during the preliminary investigation merit the prosecution of respondents for the crime of kidnapping for ransom.” A DOJ panel said in its report to Chief State Prosecutor Jovencito Zuño.

According to the PNP-CIDG, Mayor Isnaji pocketed P3 million from the estimated P15 million ransom paid to the bandit Abu Sayyaf Group for the safe release of Drilon and her crew.

DOJ vs PCGG

On Sept. 10, the Supreme Court directed the DOJ to probe the complaint of bribery by Court of Appeals Justice Jose Sabio against businessman Francis de Borja.

Sabio earlier alleged that De Borja tried to offer him P10 million in exchange for his inhibition on the Meralco board election case to give way to another justice.

On Sept. 12, the DOJ panel of investigators headed by Undersecretary Ernesto Pineda started its probe and summoned Sabio to testify. When it was his turn to testify, De Borja refused to appear and questioned the legality of the DOJ probe saying the Makati City Regional Trial Court should handle the preliminary investigation of the complaint.

The DOJ later junked De Borja’s motion and ordered him to submit his counter-affidavit. De Borja later submitted his counter-affidavit to the DOJ panel. The case remains pending at the DOJ.

Last November, Gonzalez and PCGG chairman Camilo Sabio engaged in a word war after the Justice Secretary recommended that Sabio continue with his leave from the PCGG until the SC resolves a disbarment case against him.

Later in the same month, Gonzalez and the PCGG again figured in another verbal tussle after the DOJ Secretary vowed to personally investigate the reported close to $1 million in travel expenses of PCGG officials for the first six months of this year.

On July 27, 2007, President Arroyo placed the PCGG under the administrative supervision of the DOJ amid reports that the PCGG had forged a secret deal with the Marcos family over efforts to recover ill-gotten wealth.