Gigi, Ruby seek relief from plunder

MANILA, Philippines - Former President Joseph Estrada’s social secretary Ruby Tuason and Senator Juan Ponce Enrile’s former chief-of-staff Jessica Lucila “Gigi” Reyes asked the Office of the Ombudsman yesterday to reconsider its decision to file plunder and graft charges against them for their alleged involvement in the pork barrel fund scam.

Justice Secretary Leila de Lima clarified yesterday that there are no new senators implicated in the scam involving projects of the National Agribusiness Corp. (Nabcor), contrary to a report implicating Senators Ralph Recto and Lito Lapid.

Through their legal counsels, Tuason and Reyes submitted their respective motions for reconsideration less than a week after the anti-graft agency announced that it has found sufficient basis to indict both respondents before the Sandiganbayan.

Tuason’s lawyer Dennis Manalo filed an appeal with a separate motion asking that her application for immunity as a state witness be resolved.

Such pleading was filed considering the Office of the Ombudsman’s decision to still include her in the list of those found liable for plunder and graft even though she has already been admitted to the Witness Protection Program (WPP) of the Department of Justice (DOJ).

Assistant Ombudsman and spokesperson Asryman Rafanan earlier explained that before immunity could be granted, criminal liability must first be determined, as in the case of Tuason whose application for immunity is yet to be decided upon.

Reyes’ lawyer filed her motion for reconsideration as a respondent in the cases but also did not give media a copy of the pleading that was submitted to the Records Division.

The Office of the Ombudsman announced the results of its investigation on the pork barrel fund anomaly last week, recommending plunder and graft charges against Enrile, Ramon Revilla Jr., Jinggoy Estrada, and dozens of other respondents including the heads of implementing agencies like Technology Resource Center’s Dennis Cunanan who is also applying as a state witness.

The lawmakers were recommended indicted for allegedly channeling hundreds of millions of pesos of their pork barrel or Priority Development Assistance Fund (PDAF) allocations to fake non-government organizations (NGOs) created and controlled by businesswoman Janet Lim-Napoles for the implementation of ghost projects.

Enrile, Revilla and Estrada allegedly pocketed public funds through kickbacks and/or commissions in the amounts of more than P172 million, P242 million and P183 million, respectively.

Revilla’s counsel had earlier sought the reversal of the ombudsman’s decision, arguing that there is no credible evidence on record to establish that the senator is part of the conspiracy to commit the charges.

He said all testimonial evidence against him, including that of whistle-blower Benhur Luy, are hearsay and thus inadmissible as evidence in court.

The Office of the Ombudsman is giving all the respondents a final opportunity to convince its special panel of investigators that they should not be indicted for plunder and graft through motions for reconsideration.

No senators in next batch

De Lima said the latest affidavits submitted to her by Nabcor’s former vice president for administration and finance Rhodora Mendoza and general services supervisor Victor Roman Cacal on the anomaly involving P300 million in funds from the Ginintuang Masaganang Ani (GMA) rice program showed no names of senators.

“In the latest affidavits submitted to me on the GMA program, there are only a few names of congressmen and congresswomen – I’m not even sure if they are still incumbent. There was no mention of any senator,” she told reporters.

De Lima, however, said she has yet to receive other affidavits of Mendoza and Cacal on the other anomalous projects handled by Nabcor.

Still, she lamented why the names of Senators Recto and Lapid already came out in media reports when the National Bureau of Investigation (NBI) has yet to verify the allegations in the affidavit submitted by the new witnesses.

“My policy is that we don’t name names until such time the NBI validates the allegations. It’s not fair to name certain personalities who are not really involved,” she stressed.

An ABS-CBN report aired last Friday said that aside from Revilla, Lapid and Recto also endorsed questionable NGOs that got funds from Nabcor for agri-based livelihood projects in 2007.

In the affidavit of Mendoza, it was alleged around P40 million went to the Kapuso’t Kapamilya Foundation Inc. upon endorsement by Revilla, Lapid, Recto and other former congressmen, according to the report.

The camps of Recto and Lapid already denied the allegations.

Apart from the GMA program, Mendoza and Cacal also submitted affidavits involving alleged anomaly in projects involving post harvest facilities, Barangay Food Terminal and Agricultural Competitive Enhancement Fund.

Mendoza and Cacal’s lawyer Levito Baligod earlier said the new witnesses were privy to 10 questionable projects in Nabcor, only one of which involved pork barrel funds where Revilla, Estrada and Enrile have been implicated.

The Office of the Ombudsman had found probable cause to file plunder and graft charges against Estrada, Revilla, Enrile and alleged mastermind Napoles.

Napoles is also facing charges of malversation and corruption of public officials by using bogus NGOs that supposedly pilfered government money from the pork barrel of the lawmakers.

De Lima said the government has measures in place if Revilla and Estrada, now abroad, opt not to return to the country to face their plunder cases.

While she’s hopeful that the two senators would return as scheduled, canceling their passports will be an option, especially once the ombudsman files the cases in the Sandiganbayan and arrest warrants are issued against them, De Lima said.

“Assuming the worst-case scenario that they do not return, there really is a reason for DFA to cancel their passports,” she told reporters.

“Once your passport is cancelled, it will limit your movement wherever you are,” she stressed.

Presidential spokesman Edwin Lacierda said: “If it pushes through (indictments) and proceeds to the Sandiganbayan, that’s where the arena is going to happen. So we’ll just wait.”

The Palace official brushed aside observations that the government might again be on the losing end in its effort to combat corruption, especially since the ombudsman’s move is deemed political with regard to Enrile’s involvement.

“I don’t know if you can undermine Senator Enrile who is a legal eagle. So we are going through, we are observing the legal process as how it is mandated under the law,” Lacierda said, fully aware of past charges where Enrile was consistently absolved.

In the early 1990s, or during the presidency of President Aquino’s late mother Cory, Enrile was charged by then Justice Secretary Franklin Drilon with rebellion complex with murder that the Supreme Court voided, since this did not exist in any statute books.

Almost the same circumstances were repeated in May 2001, or shortly after the so-called “EDSA Tres” – a gathering of the masses loyal to ousted president Estrada – where the rebellion charges again failed to prosper.

“The cases that are being filed right now, you can now see in the law statutes, in the law books,” he stressed. “We have always stated this time and time again that we will go where the evidence leads us, and that applies to everyone, friend or foe.”

Napoles biopsy

Napoles is set to undergo an endometrial biopsy before the actual surgery to remove the myoma in her uterus, the head of the Obstetrics and Gynecology department of the Ospital ng Makati told reporters yesterday.

Florentina Villanueva, who is also the team leader for Osmak doctors who will take part in Napoles’ surgery alongside her personal doctors, said they have been managing Napoles’ blood sugar level over the weekend and the green light to proceed with the biopsy has been given by her endocrinologist.

The endometrial biopsy, doctors said, would determine the extent of the actual surgery to be done on Napoles to remove the myoma.

Makati Regional Trial Court Branch 150 Judge Elmo Alameda earlier issued an order authorizing Napoles’ own choice of doctors to participate in her treatment.

GMA Network, Inc. formed a three-member panel to look into reports that dzBB anchor Melo del Prado was among members of media who received funds from Nabcor.

The panel is composed of lawyer Ed Santos, first vice president for internal audit; Lynn Delfin, vice president for legal affairs; and Gerrome Apolona, vice president for human resources.

The panel was instructed to be thorough and to act with dispatch because matters concerning the ethical and professional behavior as well as the credibility of anchorpersons are of critical importance to the network. – With Edu Punay, Delon Porcalla, Mike Frialde, Jose Rodel Clapano