MANILA, Philippines - Pork barrel fund scam whistle-blower Benhur Luy directly accused Sen. Jinggoy Estrada yesterday of attending a party thrown by businesswoman Janet Lim-Napoles sometime in 2012 during which Luy made the lawmaker sign a letter endorsing his priority development assistance fund (PDAF) to a bogus non-government organization (NGO).
The event allegedly held at the 42ndfloor of the Discovery Suites Building in Pasig City, several floors above the office of JLN Corporation on the 25th floor, was also attended by former president and now Manila Mayor Joseph Estrada and actor Tirso Cruz III.
Such new testimony made before the Sandiganbayan Fifth Division that was supposedly never mentioned in several sworn affidavits executed by Luy forced Estrada to break his silence inside the courtroom to deny the allegation.
Sitting in the front row just a few steps away from Luy, and with his mother Loi and brother Jude seated behind him, Estrada tried to raise his hand hoping that magistrates of the anti-graft court would recognize and allow him to speak.
But realizing that such is not allowed since he is the accused and has defense counsels representing him for the bail hearing, he called the attention of his lawyers Jose Flaminiano and Sabino Acut Jr.
“I have never been to that office,” Estrada said more than once and loud enough for everyone to hear while pointing his finger in the direction of his legal counsels apparently to stress his point.
Luy’s testimony on how he allegedly saw Estrada, Mayor Estrada and Cruz at the party came out in response to direct questions asked by Fifth Division chairman Roland Jurado on whether or not the witness personally saw Estrada talk to Napoles and bargain about commissions as other lawmakers allegedly did.
“Nagpapirma po ako ng (I asked him to sign an) endorsement letter,” Luy, a former employee of JLN Corporation who admitted participation in the pork barrel fund scam, said.
Jurado asked Luy if he saw any other lawmaker during the party but Luy said no because it was 10 p.m.
Before the magistrate asked his questions, Luy was testifying on how bogus NGOs were formed – from making up a name that has something to do with agriculture all the way to having the same registered with the Securities and Exchange Commission (SEC) using without permission the names of people as incorporators or officers including his classmates, churchmates and friends.
He was also telling the Sandiganbayan how the pork barrel fund scam works through the endorsement letters of lawmakers to implementing agencies that identify NGOs that would implement projects funded by a legislator’s PDAF.
Jurado’s questions also made Luy reveal how he allegedly overheard Napoles, his cousin and former boss, talking on the phone allegedly with Estrada, who was complaining that the rebates of commissions allegedly received by the accused was P10,000 short.
Luy lying
After the hearing, Estrada admitted losing his cool upon hearing Luy’s testimony, especially the part where he allegedly signed an endorsement letter during the party.
“You tell the court that I have never been at the JLN office. The witness is lying,” he said when asked what he told his lawyers Flaminiano and Acut when he stood up and approached them after hearing Luy’s allegations.
“First of all, he asked me to sign an endorsement letter in the office. That’s totally false. I have never been to their office up to this date,” he said, noting that what he heard was he signed in the office and not in the party.
“I cannot recall signing any document in any party. Because that is not the proper time for me to sign any document,” he stressed anyway while admitting that he did attend such party at the Discovery Suites.
He said he has never denied knowing Napoles and admitted going to parties or gatherings if he is invited, including the birthdays and death anniversaries of the alleged pork barrel fund scam operator’s mother.
But as to Luy, he repeatedly emphasized that “I have never spoken to him, I have never seen him” as he only saw him during the Senate hearings.
“How can he ask me to sign a document when I don’t even know him?” he said.
On the claim that Luy overheard a conversation between Napoles and Estrada wherein the latter was asking about a missing P10,000, he denied that there was such an incident.
Yesterday’s bail hearing lasted for almost three hours, with Luy again being directed to answer questions from Ombudsman Prosecutor Janina Hidalgo in English so as not to delay the proceedings with the need to translate.
During direct examination, Acut stood up to object dozens of times, raising various issues like immateriality and relevance as well as the asking of leading questions.
Luy’s testimony included his allegations that Napoles had contacts with bank officials, implementing agencies and the office of Budget Undersecretary Mario Relampagos.
In a related development, the Sandiganbayan has junked Estrada’s request that Justice Undersecretary Jose Justiniano be disqualified from participating in the prosecution of his cases.
No illegal detention
Meanwhile, at the continuation of Napoles’ illegal detention case at the Makati Regional Trial Court Branch 150 yesterday, defense lawyers presented the driver of her brother Reynald Lim to disprove the claim of Luy that he was illegaly detained on orders of the businesswoman.
Taking the witness stand, Peter John Castillo said he saw Luy being dragged to a waiting car on the night of March 22 at the grounds of the Pacific Plaza Towers condominium at Bonifacio Global City.
According to Castillo – who had worked as Lim’s driver from 2012 to the present – he saw Luy being dragged to the waiting car by his brother Arthur, his mother, father and sister.
“I don’t want to come with you. It’s not true that I was kidnapped by Kuya Jojo (Reynald Lim),” Castillo recounted Luy as shouting. – With Mike Frialde