Devanadera charged with graft, plunder

MANILA, Philippines - Lawyer Bonifacio Alentajan yesterday filed plunder and graft charges against former Department of Justice (DOJ) secretary Agnes Devanadera, accusing her of allegedly conspiring to control an economic zone and irregularities in handling the case of a British businesswoman.

Alentajan cited in his complaint before the Office of the Ombudsman that the alleged conspiracy, which purportedly happened when Devanadera was the government corporate counsel, involved managing the Poro Point Special Economic and Freeport Zone in La Union by using a dummy firm.

He said Devanadera, as government corporate counsel, “conspired” with the president, chief executive officer, chairman and director of Bases Conversion and Development Authority (BCDA) to acquire “unwarranted financial benefits, as well as material possession, control and management of Poro Point Special Economic Zone and Freeport Zone.”

According to Alentajan, the alleged financial benefits from the “diabolical scheme” involved some P2.8 billion from Nov. 1, 1999 up to present.

Alentajan questioned an opinion issued by Devanadera in January 1999, allowing the BCDA to enter into a join venture agreement involving P840 million. He said this violates Executive Order 62, which allows government contracts by negotiation only if the amount involved is not more than P50 million.

The lawyer alleged that in April 1999, there was a “sham” presentation of proposals for the freeport zone “to circumvent” the requirement of public bidding. He said not one among the bidders was deemed capable of developing the port, with the BCDA encouraging the proponents to form a consortium.

Alentajan said a company – Bulk Handlers Inc. (BHI) – became part of a joint venture called the Poro Point Industrial Corp. (PPIC). But he claimed PPIC “is solely funded and owned/controlled by BHI, whose paid up capital at that time was only P250,000 and employed a staff of five.”

“PPIC is not a joint venture corporation, but a mere cover-up of the plunders, economic sabotage and corrupt practices of the respondents. The felonious grant of unwarranted benefits and privileges to PPIC violates the constitutional prohibition against monopolies or combinations in restraint of trade or unfair competition,” Alentajan claimed.

‘Arbitrary order’

Alentajan also said Devanadera arbitrarily issued a hold departure order against trader Alpha Kwok and reversed an earlier ruling that cleared Kwok of Customs code violations even if Devanadera was already deemed resigned when she filed her certificate of candidacy to run for congressman in the first district of Quezon province.

The Presidential Anti-Smuggling Group accused Kwok of allegedly violating the Tariff and Customs Code of the Philippines. The DOJ prosecutors dismissed the case in November 2009 for insufficiency of evidence, but Devanedera reversed the ruling last Feb. 1 “and ordered the indictment of Alpha Kwok, without giving her the opportunity to comment or oppose the ‘automatic review’ of the secretary of justice.”

Alentajan said Devanadera has no authority to issue the resolution since she filed her certificate of candidacy on Dec. 14, 2009 and was already deemed resigned, “by operation of law and jurisprudence.”

Devanadera, in a text message to The STAR, said she does not know about the charges.