Abalos on ZTE case: I was victim of vilification drive

MANILA, Philippines - Former elections chairman Benjamin Abalos said he is a victim of a vilification campaign and that the case against him is based on the mere execution by a purported witness of an affidavit which is not sufficient to support a charge.

A mere charge or allegation of wrongdoing does not suffice since an accusation is not synonymous with guilt, he said.

There must always be sufficient evidence to support the charge.

Abalos, a former city mayor and trial court judge, said the testimonies of Jose Joey de Venecia III before the Senate investigation into the NBN-ZTE deal were mere allegations bereft of evidence, and done despite De Venecia’s admission that his firm lost a contract that was awarded to Chinese firm ZTE Corp.

It is not difficult to manufacture charges in an affidavit, he said. Their truthfulness and veracity are tainted with spite and ill-will and admitted pecuniary self-interest.

Abalos said in the absence of competent, clear and convincing evidence to substantiate the allegations of De Venecia, the same constitute mere accusations founded on speculations and conjectures, and partake of purely malicious and prevaricated claims.

Abalos said his trips to China and his friendly relations with some officials of ZTE Corp. were by virtue of their mutual love for golf, and such could hardly qualify as indicators of the commission of direct or indirect bribery.

I had no official duty to intervene in the ZTE-NBN transaction, contrary to the allegation made by the complainants, he said.

In fact, even if the ZTE-NBN transaction was entered into during the election ban on public projects, unless there is some allegation or proof that I actually intervened in the project by exempting it from the ban on public projects, I could not have violated RA 3019.

Abalos said even assuming that he was lobbying for ZTE, he had no reason to offer a bribe to then National Economic and Development Authority (NEDA) head Romulo Neri since the designation of ZTE as the prime contractor of the NBN project was the sole prerogative of the government of China.

The statements made by former NEDA chairman Neri during the Senate hearing are devoid of any probative value and cannot be made the foundation of any charge of corruption of a public official against me, he said.

The bare and unsubstantiated testimony of Mr. Neri yields nothing but guesswork, presumptions, speculations and suspicions regarding the alleged bribery attempt.

Abalos is accused of brokering for the alleged overpriced and anomalous deal by offering Neri a bribe in exchange for approving the project.

The Office of the Ombudsman has ordered the filing of graft charges against Abalos and Neri but cleared First Gentleman Jose Miguel Arroyo and other respondents.

The graft complaint lodged against President Arroyo was also dismissed because of her immunity from suit.

Abalos and Social Security System president Romulo Neri can now be arrested after the graft cases against them were raffled off to two separate divisions of the anti-graft court yesterday, according to the deputy special prosecutor.

Deputy Special Prosecutor Jesus Micael said the courts will now look into the propriety of issuing arrest orders to acquire jurisdiction over the persons of Abalos and Neri.

However, the two can post bail of P30,000 each before a warrant of arrest is issued against them, he added.

Micael said the two divisions will set an arraignment date and a pre-trial conference before trial proper begins if no intervening motions are filed.

Violation of the Anti-Graft and Corrupt Practices Act is punishable by a maximum of 15 years in jail, he added.

Special Prosecutor Wendell Barreras-Sulit said she will meet with her deputy special prosecutors and directors on Monday to discuss if a special panel should be formed to prosecute Abalos and Neri.

The Office of the Special Prosecutor has yet to move for consolidation of the two cases since the charges involve the same facts.

If Barreras-Sulit fails to form a special panel of prosecutors, Prosecution Bureau IV directors Rabrendanath Uy and Ireneo Paldeng will handle the case against Abalos, while Prosecution Bureau IV directors John Turalba and Victor Pascual will handle that of Neri.

The case against Abalos went to the Fourth Division chaired by Associate Justice Gregory Ong, with Associate Justices Jose Hernandez and Maria Cristina Cornejo as members.

Neri’s case went to the Fifth Division chaired by Associate Justice Roland Jurado, with Associate Justices Alexander Guismundo and Napoleon Inoturan as members.