Lawmakers defend Haresco; DOJ rejects new probe

MANILA, Philippines - Senior administration lawmakers asked yesterday the National Bureau Investigation (NBI) to disclose details of its recommendation to file a case against Aklan Rep. Teodorico Haresco over the alleged falsification of special allotment release orders (SARO).

In separate statements, Cavite Rep. Elpidio Barzaga Jr. and House Deputy Majority Leader Sherwin Tugna said the NBI’s premature statement on the scam is harming the reputation of the House.

“I really cannot comprehend why my colleague, Rep. Haresco, was included in the criminal complaint,” Barzaga said.

“SAROs are official issuances of the DBM (Department of Budget and Management) and I cannot see how Rep. Haresco could participate and influence the issuance of fake SAROs,” he added.

He said the NBI should reveal the witnesses and their testimonies that prompted the filing of the complaint to be fair to Haresco and the House as an institution.

Tugna noted the NBI recommended the filing of charges against Haresco because he sent a letter with a fake SARO to the Department of Agriculture (DA). He said Haresco’s legal liability is based on the presumption that the person who presented the falsified document is deemed the author if he stands to benefit from it.

He said Haresco could easily rebut the allegations, as he has no knowledge of the fake SARO.

No to reinvestigation-DOJ

This developed as De Lima rejected Haresco’s plea for a reinvestigation.

“I don’t think the NBI is inclined to do that because the case will now be filed in the proper forum – whether the DOJ or the Office of the Ombudsman. That will be the proper forum now,” she told reporters in an ambush interview.

De Lima belied the claim of Haresco that his right to due process was violated, claiming the NBI did not get his side while conducting the fact-finding inquiry.

“It’s not true that he was not invited. The NBI has exerted efforts short of issuing a subpoena to access him. His chief-of-staff talked to them but the congressman did not face them,” she said.

She added that Haresco’s office had been “evasive to the NBI team.”

In a report released last Tuesday, the NBI recommended the preliminary investigation of Haresco for falsification of public document after his office endorsed to the DA in October last year a fake SARO for the implementation of a P77-million project.

The NBI explained that by submitting the fake SARO to the DA, the lawmaker was presumed to be the author of such document – especially since he stands to benefit from the project.

Probers also found liability of the lawmaker’s consultant Mary Ann Castillo, who provided Haresco with the fake SARO, for obstruction of justice over her refusal to pinpoint the source of the bogus document during the probe.

The NBI recommended the prosecution of Castillo and Emmanuel Raza, a congressional staff of Zamboanga City Rep. Lilia Macruhon-Nuno.

‘Unmask brains’

Meanwhile, Barzaga said the DOJ should unmask the head of the syndicate.

“So far, only the small fry have been linked to the scam. No big fish has been caught,” he said.

He said De Lima should convince two DBM employees the NBI has recommended to be charged in connection with the scam to turn state witness.

Barzaga said De Lima should talk to Rafael and Beltran, ask them to turn whistle-blower and put them under the government’s witness protection program so the DOJ and NBI could dig deeper into the fake SARO scam.

He said he does not believe that the two DBM employees are the only ones behind the faking of SAROs.

“It seems that the head of the syndicate has not been determined. It is only through the testimonies of these employees, if they turn state witness, that the truth might come out,” he said.

He noted that De Lima herself has quoted unnamed DBM personnel as telling investigators that a still-unidentified “high ranking official” is the head of the syndicate.

He stressed that the administration’s campaign against graft and corruption would suffer if only the small fry in the fake SARO scam are charged and punished.

Appropriate action

The DBM has vowed to take immediate and appropriate action against concerned DBM employees for their role in the scam, according to Budget Secretary Florencio Abad.

He said the DBM would also be working closely with the DOJ to determine the best course of action, including the filing of charges against DBM staff whose involvement in the scam has been established.

“We’re very pleased that the NBI has now completed this round of the fake SARO probe. While the submission of the NBI’s report marks the conclusion of this investigation, we in the DBM continue to support the DOJ’s efforts in uncovering the extent of the fake SARO scam, especially as the NBI report indicates that a deeper inquiry into the matter may be necessary,” he said.

“We wish to thank Secretary De Lima and her colleagues in the DOJ and NBI for their speedy and thorough work in this investigation. We believe that the success of this effort represents a crucial step in the DBM‘s pursuit of lasting public expenditure reform, and is likewise a triumph for the Aquino administration’s continuing campaign for improved transparency, accountability, and openness in government,” he added.

Abad said the DBM has taken note of the recommendations made by the NBI in its report, particularly with respect to the agency’s internal processes and the improvements required of them. – With Edu Punay, Zinnia de la Pena, Jess Diaz