JPE disputes pork scam raps, calls charges 'baseless'

MANILA, Philippines - Senate minority leader Juan Ponce -Enrile has formally disputed the charges filed by the National Bureau of Investigation and lawyer Levito Baligod, and the Field Investigation Office of the Office of the Ombudsman for his alleged involvement in the pork barrel scam. 

Enrile filed his counter-affidavit in compliance with the order issued by the Office of the Ombudsman.

In his counter-affidavit dated Dec. 20, Enrile categorically said that the charges against him are baseless.  He also denied having any connections with pork barrel scam suspect, Janet Lim Napoles.

Enrile said the government’s own evidence shows he never personally endorsed any non government organization (NGO) involved in the reported PDAF scam, whether connected to Janet Lim Napoles or not, to any implementing agency. 

Enrile added that the only role he or his office played in the whole process was to identify specific projects to be funded under his PDAF allocation, as requested by the officials of the local government units involved. 

Enrile argued that such procedure is required by current laws and regulations and was being practised by all legislators, charged or not. He noted that it was ridiculous to charge him for obeying the law.

Enrile insisted that it was solely the implementing agency that in fact actually designated the NGOs for the purpose of implementing and executing the projects involved. 

Citing the Supreme Court, Enrile noted that “from the regulation of fund releases, the implementation of payment schedules and up to the actual spending of the funds…” the Executive takes full control of the system.

“Should not that power also come with full responsibility and accountability?,” he asked.

Enrile added that even  the Commission on Audit itself declared and admitted that the implementing agencies cannot “relegate this duty to the legislator.”

Benhur Luy et al doctored documents

In his reply, Enrile disputed the theory that he “may” have induced the agencies or the NGOs into misusing his PDAF allocation. He noted that the documents appearing to establish his alleged involvement or that of his staff were, as admitted by the government’s own witnesses, the whistleblowers Merlina Sunas and Benhur Luy, all forged and fabricated.

Enrile alleged that he does not personally know any of the agency officials involved, nor has he ever met Janet Lim-Napoles, socially or otherwise.

Neither he nor his staff, as the whistleblowers testified, has been to the office of Janet Lim-Napoles.

He has never been to a single social affair of Napoles. He added that there is not a piece of evidence, much less proof, to establish even the suspicion of conspiracy in a fair mind.

Enrile added that there is no testimonial or documentary evidence showing that he received any commissions or kickbacks. He categorically denied receiving “a centavo of ill-gotten wealth.”

All whistleblowers admitted they never saw him receive any amount from Napoles, much less 50 percent of the PDAF fund involved, as alleged by one of the  whistleblowers.

Enrile also pointed out that Luy had sworn that he merely put down in his accounting ledger whatever Napoles instructed him to put down and that Luy himself admitted that he has no personal knowledge of these alleged transactions.

Enrile, a veteran lawyer, added that the source documents of any alleged payoffs to anyone were shredded and destroyed by Luy’s group, as Luy himself admitted previously in various interviews and during the Senate hearings.

Enrile  appealed to the public not to  judge the case solely on its merits, and not on their personal likes or dislikes of him.

Enrile added that while he respects the adage that everyone, including his critics, is “entitled to their own opinions”, he does not believe, however, that this gives them the freedom to create their own “facts”.