Ombudsman to appeal dismissal of case vs Nani

BY PETER TABINGO

THE Office of the Ombudsman yesterday said it will appeal the rulings of the Sandiganbayan First and Second Divisions dismissing robbery and graft charges against former Justice Secretary Hernando "Nani" Perez, his wife Rosario, brother-in-law Ramon Arceo, and businessman Ernest Escaler.

Assistant Ombudsman Jose de Jesus and Deputy Special Prosecutor Jesus Micael said the graft court erred in holding that there was inordinate delay in the preliminary investigation on the robbery with extortion case.

They explained that what took almost three years was the fact-finding investigation which involved gathering evidence from Hong Kong and Swiss banks.

"We simply observed due process and jurisprudence. Preliminary investigation in these cases took only 15 months, not six years. The magistrates may have been misled by the lawyers for the defense," De Jesus said.

He clarified that based on pronouncements of the Supreme Court in the cases of Tilendo vs. Ombudsman and Socrates vs. Ombudsman, preliminary investigation was deemed separate and distinct from fact-finding investigation.

Assistant Ombudsman Mark Jalandoni objected to insinuations that there was deliberate delay in the filing of the indictments against the defendants, which created the technicality that led to the dismissal of the charges.

"We have to make the public understand that it’s not enough to file a complaint before the Ombudsman. We have to build up the case before we go to court to prosecute the case to have any chance of getting a conviction. Gathering of evidence for the Perez cases involved requests to foreign banks for documents – which was beyond the control of this office," Jalandoni noted.

Businessman Mark Jimenez claimed Perez extorted $2 million from him in February 2001 when he refused to execute affidavits that could be used to bolster the plunder case against then President Estrada.

Perez’ wife, Arceo, and Escaler reportedly helped him conceal the money by moving the sum through several accounts abroad.

Following the money trail and getting documentary evidence, Jalandoni said, took a long time to accomplish.

Micael noted the law and jurisprudence recognize that delay is inevitable in cases where circumstances are more complicated.

"What the law prohibited were ‘capricious, vexatious and oppressive delays’ which were not present here," he said.

Sen. Pia Cayetano said Ombudsman Merceditas Gutierrez must be fired by President Arroyo for bungling the Perez case.

"It’s highly suspicious how a high-profile case like this would not go through the normal process of being evaluated by the Office of the Special Prosecutor which will argue the case before the Sandiganbayan," she said.

Cayetano asked the Senate justice committee to look into the case.

Sen. Mar Roxas II said lawyers of the Liberal Party are determining grounds to be used for filing of an impeachment case against Gutierrez for "bungling" the Perez case.

However, he acknowledged that a case against Gutierrez has a slim chance of making it through the overwhelmingly pro-administration House of Representatives.

He said it was time for Gutierrez to be impeached "for failure to do her duty," citing slow action on the cases filed against former agriculture undersecretary Jocelyn Bolante, former Army general Carlos Garcia, and retired police comptroller Eliseo dela Paz.

Senate President pro tempore Jinggoy Estrada said: "Opinion ko lang ito: Halatang hinulog ang kaso. Lahat naman ng ebidensya totoo e bakit na-dismiss?"

Executive Secretary Eduardo Ermita said it is already too late to blame anyone for the failure to get Perez.

"This should be a lesson. Wala tayong magagawa. Basta ang mahalaga, we will observe the rule of law at susundin natin ang kautasan ng proper court," he said. – With Dennis Gadil and Jocelyn Montemayor

Agri regional execs give Bolante the lie

BY JP LOPEZ

REGIONAL directors of the Department of Agriculture yesterday denied claims by former DA undersecretary for finance Jocelyn "Joc Joc" Bolante that they were responsible for the implementation of the 2004 Ginintuang Masaganang Ani program.

Region 11 director Roger Chio told the Senate Blue Ribbon committee hearing on the P728 million fertilizer fund scam that it was the first time that the department would authorize a release of P3 million for the "farm-inputs, farm-implement" program.

He said regional offices were authorized to release only P1 million and that he had to seek an authority from Bolante for the release of the amount.

Chio produced a letter signed by Bolante authorizing him to purchase P3 million worth of liquid fertilizer, which was confirmed fit only for use in ornamental plants and orchids but not to boost the production of rice and corn.

"Your honor, kasi meron tayong memorandum of order from the Department of Agriculture, authorizing all the regional directors up to one million. If it is over one million, pino-forward na namin sa central office for their approval," Chio told Sen. Francis Escudero.

"Do you have documentary proof to show that indeed Bolante requested for such a purchase?" asked Escudero.

Chio noted that the purchase request for foliar fertilizer amounting to P3 million was signed by Bolante, again belying Bolante’s claims that he never prescribed where the amount would go.

Chio said that in his more than 10 years in the DA, it was the first time that such a huge amount was released for the program.

"It was not a regular program," Chio said.

This was echoed by Leo Cañeda of Region 8.

"Mr. Chairman, I can vouch for (Chio’s) statement. Considering the humongous amount involved, this is the first time ever that we have undertaken this kind of project in the region," he said.

Director Ricardo Oblena of Region 7 said Bolante instructed him to change the intended beneficiary of the fertilizer fund in Kalibo, Aklan to the non-governmental National Organization for Agricultural Enhancement and Productivity Inc.

In a letter dated June 29, 2003, Oblena wrote Kalibo Mayor Raymar Rebaldo to inform him that the fertilizer fund supposedly intended for the local government would be given instead to an NGO.

Although the letter did not name the NGO, Oblena told the committee that Bolante called him with instructions to make the National Organization for Agricultural Enhancement and Productivity Inc. the beneficiary of the funds originally intended for Kalibo.

"Wala pong iba kundi si undersecretary Bolante," said Oblena when asked by Sen. Panfilo Lacson who instructed him to change the beneficiary.

Bolante denied giving any instructions to Oblena.

He also denied making any phone calls to Oblena. "I never talked to him over the phone. I did not give instruction to favor any NGO…" he said eliciting cynical applause from the gallery.

Oblena said he and Bolante communicated by landline, but said Bolante gave him a cell phone number that he has since erased.

Earlier, Lacson produced a copy of a letter from Oblena to Rebaldo, asking him to change some of the terms in the agreement.

In that notice, Oblena, then regional director, requested the mayor to specify in the memorandum of agreement the National Organization for Agricultural Enhancement and Productivity Inc. as the proponent NGO.

When asked by Lacson if this was part of the instruction from the DA central office in Metro Manila, Oblena said: "It’s part of the instructions."

Rebaldo said he was given a "pro forma (prepared)" copy of the MOA to sign.

"Kawawang probinsya ang Aklan, waiting for instructions from the central office (na magdidikta ng) NGO, dito ninyo i-release pondo, dito ninyo pa-MOA LGUs," Lacson said.

The Commission on Audit also affirmed that while Bolante was correct in saying that the P728 million has been fully accounted for, their audit showed it was anomalously spent.

COA director Flerida Jimenez reiterated earlier findings that there were "so much irregularities" in the project which was supposedly intended to assist farmers but which administration critics say ended up with the diversion of the multi-million fund to the 2004 campaign kitty of President Arroyo.

Bolante admitted that there were some irregularities in the implementation of the program but insisted "there was no scam."

"The project itself wasn’t a scam. There could be some irregularities, one or two, or three or four…but that doesn’t make the whole project a scam," Bolante said.

Other resource persons in yesterday’s hearing were Bolante’s former chief of staff and agriculture assistant secretary Ibarra Poliquit, who purportedly requested the transfer of some P115 million of the funds in Regions IV, V, and VII; regional directors Cipriano Santiago, Gumersindo Lasam, Redentor Gatus, Abelardo Bragas, Antonio Gerundio, Jose Daya, Larry Nacionales, Ricardo Oblena; and directors Oscar Parawan, Lealyn Ramos, Abusama Alid, Ricardo Regis and Cesar Rodriguez.

The Senate opted to allow Bolante to stay in his home at least until Friday despite the motion of Lacson and Sen. Jinggoy Estrada that he should be detained for "telling one lie after another."

Majority leader Juan Miguel Zubiri said the proposal to hold in contempt and subsequently order Bolante’s detention in the Senate was not decided during the caucus to allow the 17-member Blue Ribbon panel to deliberate on the matter.

He said the proposal would be voted upon by the members after Friday’s scheduled hearing of the panel.

Zubiri said the proponents will have to cite specific contemptuous instances "before he (Bolante) can be cited for contempt."

Senate President Juan Ponce Enrile said he has cautioned the Blue Ribbon panel to go easy on the contempt order and conduct further study on the motion.

"They’re studying it. If they decide (to cite Bolante in contempt), it’s their prerogative," Enrile said.

Lacson moved for Bolante’s detention within the Senate premises after noting that the former government official had been evasive throughout his grilling Tuesday morning.

"Lahat na sagot whether intentional or not, maraming hindi totoo. Before I end my first round, ang dami niyang evasiveness, ang daming hindi pagiging makatotohanan, hindi truthful. I’d like to move he be held within the Senate premises until such time he stops from becoming evasive to the questions of committee members," he said.

Estrada, who grilled Bolante on his bank accounts, seconded the motion.

Estrada said Bolante has maintained or is maintaining 70 bank accounts in at least five banks, namely the now defunct Prudential Bank, the Bank of Philippine Islands, Union Bank, Rizal Commercial Banking Corp. and Standard Chartered Bank.

He said the bank accounts were either directly under his name or under joint or "combo" accounts.

Estrada said Bolante, according to the Anti-Money Laundering Council (AMLC), has also bank accounts in "various countries."

"I have just a few accounts and I would request that I may be allowed not to disclose because of the bank secrecy law," Bolante appealed to the Senate panel.

He said the bank accounts mentioned were all inactive or closed accounts dating back to 1978.

Bolante said he has now only four bank accounts contrary to the information of the AMLC. He said these were opened by the Government Service Insurance System where he served as a trustee, another one with LiveCorp when he headed it and with two foundations where he is a member.

Estrada said AMLC records showed that most of the bank accounts were opened only in 2004, which was an election year.

The senator moved to summon the officials of the AMLC and the banks mentioned in the next hearing.

Estrada noted the frequent travels abroad of Bolante in 2004, which took him to Australia in July 2004, Japan in September, and finally, in the United States in October of the same year.

He said Bolante also went to Hong Kong in November of 2004, to Bangkok on December 7 before proceeding to Switzerland.

Estrada said Bolante also made trips to Europe and spent some time in the US particularly in Los Angeles.

Bolante said his foreign travels were for his export-import business and for his duties as a member of Rotary International.

Estrada said Bolante’s passport would bear out all his foreign travels, which he moved should be subpoenaed.

But Bolante said his passport went missing during his "chaotic" return at the NAIA early this month. – With Dennis Gadil

Minority senators lose chairmanships

BY JP LOPEZ

THE members of the new minority block of the Senate were formally stripped of committee chairmanships yesterday in line with the assumption last week of Juan Ponce Enrile as Senate president vice Manuel Villar.

Villar, Alan Peter Cayetano, Joker Arroyo, Aquilino Pimentel Jr., Pia Cayetano, Francis Pangilinan, and Antonio Trillanes IV have yet to get any of the 36 permanent committees, of which only eight will be given to the minority.

The chairmanship of the Blue Ribbon Committee was formally transferred in the plenary to Sen. Richard Gordon, replacing Alan Cayetano.

The panel handles high-profile cases such as the fertilizer fund and swine scams, and overpricing of NorthRail project, among others.

The ethics committee, formerly headed by Pia Cayetano, was given to Panfilo Lacson, a key player in the ouster of Villar.

The committee is set to investigate the alleged double insertion in the C-5 road project in the 2008 national budget, supposedly benefiting Villar’s housing business venture.

The committee members are Gordon, Manuel Roxas and Loren Legarda, all known to be probable Villar rivals in the 2010 elections like Lacson.

Lacson was also named chairman of the ways and means and accounts committees.

Pangilinan’s resignation as majority leader after Villar’s ouster automatically removed him as chair of the rules committee. The two posts are now being held by Juan Miguel Zubiri.

Gregorio Honasan, a former Enrile aide in the defense department, now has three committees — energy (from Miriam Defensor Santiago) and the two committees he was already holding — public order and illegal drugs, and agrarian reform.

Ma. Ana Consuelo Madrigal replaced Pia Cayetano as chair of the committee on environment and natural resources. She retained the committees on youth, women and family relations and on peace, unification and reconciliation.

Legarda also has three committees — agriculture, health and demography, and social justice, welfare and rural development.

Francis Escudero is now the chair of the banks, financial institutions and currencies panel previously held by Edgardo Angara. He stays as head of the committee on justice and human rights.

Angara now heads the Senate committee on finance that was previously headed by Enrile. He retained the committee on science and technology.

Santiago now chairs two committees — economic affairs and foreign relations.

Roxas is the new chair of the education committee. He retained the trade and commerce panel.

Rodolfo Biazon retained the committee on national defense and security and got in addition the committee on urban planning, housing and resettlement.

Ramon "Bong" Revilla Jr. also retained his two committees (public works and public information and mass media) and got a third — public services formerly headed by Enrile.

Senate President pro tempore Jinggoy Estrada remains as head of the committee on labor, employment and human resource development.

Benigno Aquino III retained the committee on local government.

Defensor-Santiago joined the new majority yesterday. She failed to sign last week’s resolution ousting Villar.

"I have decided to join the new majority, because it still partly consists of the administration bloc to which I belong," she said in a statement.

Santiago said she had been absent and silent because she was sick with diarrhea, which could be due "to intestinal flu or old amoebiasis."

"On the weekend prior to the coup, in addition to my cold, I succumbed to diarrhea. On my doctor’s advice, I took a course of antibiotics. But then I developed dizziness," she said.

Santiago belied reports she asked for any committee from the new leadership and that she feigned illness to avoid participation in the Senate coup.

"I was clueless about the Senate coup. In my entire Senate career, the plotters never consulted me beforehand. Either I don’t count, or I am considered unapproachable," she said.

Santiago filed for another indefinite sick leave because of her lingering "intestinal flu." – With Dennis Gadil

Gordon ‘confused’ on what to do with ‘Joc Joc’ probe

BY DENNIS GADIL

SEN. Richard Gordon, touted as the next chairman of the powerful Blue Ribbon committee, is "confused" on what to do with the ongoing Senate probe on the P728 million fertilizer fund scam.

"Nalilito na nga ako kung ano’ng dapat gawin," said Gordon.

Senate President Juan Ponce Enrile has said in a radio interview that he has picked Gordon to replace Sen. Alan Peter Cayetano. The new assignment for committee chairmanships will be formalized in today’s plenary session.

Gordon stressed the committee report by former Sen. Ramon Magsaysay Jr., chair of the agriculture panel, and Sen. Joker Arroyo, Blue Ribbon chair, was strong enough to warrant the prosecution of former agriculture undersecretary Jocelyn "Joc Joc" Bolante and other public officials tagged in the fund scandal.

"Matindi na ang committee report nila Senators Magsaysay at Joker," he said.

He stressed because of this, he felt there is nothing more to probe on the matter.

Gordon said there are pending graft charges against Bolante at the Office of the Ombudsman.

But Gordon nevertheless said he will resume the hearings as scheduled Tuesday.

"Itutuloy ko pa rin pag malinaw na ako na (chair) sa Tuesday," he said.

Gordon said he initially asked Cayetano to handle the hearing while the Blue Ribbon is being reorganized but Cayetano declined.

Gordon promised an independent Blue Ribbon committee.

He rejected the label of being pro-administration saying he was never an apologist for Malacañang or its defender.

"Pag tama si GMA, kakampihan ko siya. Pag di tama, lalabanan ko siya," he said.

Sen. Edgardo Angara, an administration ally, had called for an end to the fertilizer probe, stressing that other government agencies are already working on the prosecution of the people involved, including Bolante.

Nueva Ecija Vice Gov. Edward Thomas Joson Sunday said he is willing to clear his name before the senators amid reports he received fertilizer funds.

Joson said he was offered liquid fertilizer through the provincial agriculture office before the 2004 elections but he refused.

But after the 2004 elections, he said he was again offered P5 million fund by the DA which he accepted this time to procure two tractor trucks. "Hindi binanggit ni provincial agriculturist Serafin Santos kung yun pa rin yun tinanggihan ko noong una, but I never received funds for fertilizer," Joson said. – With Jojo de Guzman

Leave DepEd to educators, keep politicians out: Roxas

SENATORS Pia Cayetano and Manuel Roxas II yesterday pushed for reforms in the education sector and for starters, urged a ban on the appointment of politicians to the Department of Education and other related agencies, and the closure of mediocre nursing schools.

Roxas said politicians should not be appointed heads of educational institutions like DepEd and the Commission on Higher Education.

"The worst thing to do is to appoint a politician to educational institutions. The education system in our country needs educators and managers because of its wide-ranging priorities," he said.

Roxas is the author of the proposed Omnibus Education Reform Act of 2008, which he filed during the 14th Congress and which is now under consideration by the Senate committee on education.

He said the educational system has diverse needs which require prioritization. "Sa skills set, ang kailangan ay isang manager para sa pagbalangkas ng magagandang programa na siyang sasagot sa mga problema sa sistema. Ito ay sa kabila ng iba’t-ibang priorities na hinihingi ng mga constituents," he said.

"Whoever sits at the head of DepEd or CHED should have managerial skills. Politicians have no place in this system," he said.

The current chief of DepEd is former Tarlac congressman Jesli Lapuz while CHED has educator Dr. Emmanuel Angeles as chairman.

Cayetano said CHED should immediately phase out mediocre nursing schools, particularly those whose graduates have fared poorly in the annual nursing licensure examinations administered by the Professional Regulation Commission.

She said CHED should also tighten its system of monitoring underperforming nursing schools in light of reports that the average passing rate in the nursing board exams has been declining over the last 10 years.

"When a school with hundreds or thousands of graduates fails to produce a single nurse in any given year, then its quality of teaching should already be suspect," she said. "CHEDs failure to address this situation gives the impression that it is protecting these institutions at the expense of pulling down the quality of nursing education in the country, which is in direct defiance of the agency’s own mandate."

She said the Commission of Audit in its report last year noted that CHED has never shut down a single nursing school despite the poor passing rates of several schools in the nursing board exams in the last 10 years.

Citing the COA report, she said that from 2001 to 2005, only 111 of 263 nursing schools nationwide managed to have 50 percent of their graduates pass the licensure examinations. Thirty-five of these 111 nursing schools are in Metro Manila, she added.

Roxas said the country’s next president should have the political will to carry out the changes regardless of the maneuverings of powerful individuals. "Our educational system is in shambles. We really need to reform it if we want progress for our country," he said, noting that the system is stunted by lack of funds and student malnutrition, among others.

"Ang pinakamahalaga ngayon sa educational system ng ating bansa ay tama at wastong political will na baguhin ang sistema. Ang mga namamahala kasi diyan ngayon, sa kagustuhan daw na baguhin ang sistema, lahat pinagbibigyan para lahat ay matutuwa. Kaya sa kabila ng bilyon-bilyong budget na inilalaan para sa DepEd taon-taon, at the end of the year, akala nila okay na pero sa totoo lang, wala namang na-accomplish," he said. – Dennis Gadil

Pro-Gloria senators grab plum posts

BY JP LOPEZ

IS the former minority bloc virtually handing the Senate to Malacañang allies?

This question cropped up after the Senate leadership was captured Monday by senators closely identified with President Arroyo.

This started with the nomination of new Senate President Juan Ponce Enrile by no less than oppositionist Sen. Panfilo Lacson.

Yesterday, senators elected Sen. Juan Miguel Zubiri as chair of the Senate committee on rules and concurrently as majority leader, replacing Sen. Francis Pangilinan.

Zubiri said new committee heads will be elected next week, with names known to be Malacañang allies getting the plum posts.

Zubiri said that during a consensus meeting of the new majority held Monday night at the Sofitel Philippine Plaza, Enrile asked the senators to give him the authority to choose the new committee chairmen.

Zubiri said the senators, in the meeting, expressed their committee preferences.

This early, reports said the Blue Ribbon committee would likely go to Sen. Richard Gordon, an administration ally.

Sources said Lacson would not ask for the Blue Ribbon so as not to impute politics on the minority’s move ousting Sen. Manny Villar from the top Senate post.

Lacson has asked that he chair the Senate ways and means committee, replacing a fellow at the new majority bloc, Francis "Chiz" Escudero.

Aside from the ways and means committee, Lacson is also eyeing ethics and accounts committees.

The ethics panel is yet to convene to hear complaints filed by Sen. Jamby Madrigal against Villar on the alleged P200-million "double insertion" in the 2008 budget for the C-5 road project.

Madrigal said she would pursue the C-5 case.

Sen. Edgardo Angara will head the finance committee.

Zubiri said Sen. Loren Legarda is eyeing the agriculture committee, Madrigal the environment committee, and Sen. Manuel Roxas II the education committee aside from the trade and industry committee.

"There are enough committees to be given (even to minority bloc members). It has been a practice to give committees to the minority. As a matter of fact, before the change of leadership, minority members had very good committees," Zubiri said.

The new minority will now have both administration and opposition members and self-proclaimed independent Pangilinan.

The administration component of the new minority are Joker Arroyo and Lito Lapid, and from the opposition — Aquilino Pimentel Jr., Villar, Alan Peter Cayetano, and Pia Cayetano.

Detained Sen. Antonio Trillanes IV, a staunch Arroyo critic, preferred to be with Pimentel in the minority. In a statement, he said he would have voted for Pimentel during the shakeup.

While the composition of the minority block looks peculiar, odder is the composition of the new majority which is led by Enrile, an ally of President Arroyo but the chairman of former President Joseph Estrada’s party, the Pwersa ng Masang Pilipino.

Enrile got the support of 14 senators during the voting Monday. Five senators abstained while two – Miriam Santiago (sick) and Trillanes (detained) – were absent.

The members of the new majority are Ramon Revilla, Edgardo Angara, Gregorio Honasan, and Zubiri from the administration; Rodolfo Biazon, Jinggoy Estrada, Escudero, Lacson, Loren Legarda, Madrigal, and Roxas from the opposition; and independent Richard Gordon.

Estrada resigned as Senate President pro tempore after Villar’s ouster Monday but was re-elected shortly later.

Pimentel said he was joining the new majority.

"There will be no deals for me in the revamp," Pimentel said but did not say what the new majority offered him.

He said he would stay an oppositionist even after he relinquished the minority leader post he had held since 2001.

"I have told our colleagues on record that I was relinquishing that position upon the election of whoever wants to take my place. I am not hanging to anything. I will just stick to my role as oppositionist," Pimentel said.

Pimentel said the composition of the new majority is a dizzying mix of varied political interests.

Lacson has justified Monday’s coup by saying it would give a bigger voice to the opposition even under a pro-administration Senate president.

Lacson also said Sen. Benigno Aquino III will still be accepted in the new majority despite having abstained during Monday’s voting.

"We have invited him, meron siyang personal reason for abstaining pero siya magjo-join sa amin sa majority bloc," he said. – With Dennis Gadil

Angara presses early end to fertilizer fund scam probe

BY DENNIS GADIL

ADMINISTRATION Sen. Edgardo Angara yesterday pushed for an early conclusion of the new fertilizer fund probe by the Blue Ribbon committee, stressing it only needs one or two hearings to tie up loose ends.

The first hearing was last Thursday.

"I don’t really see the point of a prolonged hearing on this because he (Jocelyn "Joc Joc" Bolante) just keeps on saying in circles what he has already said," said Angara, chair of the Senate agriculture committee.

Bolante was tagged by a Senate committee in 2005 as the brains behind the diversion of P728 million to fund the campaign of President Arroyo in 2004.

At that time, he was agriculture secretary for finance.

Angara said the hearings should not drag on for a year just like the Senate probe on the NBN-ZTE contract. The Blue Ribbon panel chaired by Alan Peter Cayetano has yet to come out with a committee report on the probe.

Angara said he would not volunteer a comment if Bolante is a credible witness.

"I cannot gauge credibility, I was not there, napakahaba ng inquiry," he said. Bolante was grilled for almost 10 hours by senators.

Angara stressed the Senate should now allow the Ombudsman to handle the investigation as Bolante and other agriculture officials are already facing charges before the graft court.

Justice Secretary Raul Gonzalez said the fertilizer fund probe is like "squeezing blood from a stone."

Gonzalez said he felt that critics would not be satisfied with the testimony of Bolante if they are determined to pin him down or even the First Couple.

Lingayen-Dagupan Archbishop Oscar Cruz appealed to Bolante not to allow himself to be used as a scapegoat.

Also including in his appeal former PNP comptroller Eliseo de la Paz who is under probe of the 105,000 euro mess, Cruz said: "Just tell everything, tell the whole truth. Salvage whatever is left of your name and especially your family which is being dragged into this mess.

Last Thursday, Bolante virtually cleared President Arroyo of any involvement in the fertilizer fund mess. – With Jocelyn Montemayor and Gerard Naval

Pia warns Palace vs invoking privilege on Yap in scam probe

BY DENNIS GADIL

SEN. Pia Cayetano yesterday warned Malacañang against "suppressing the truth" over the suggestion of one of its spokespersons that it would invoke executive privilege for Department of Agriculture Secretary Arthur Yap in connection with the reopening of the Senate probe on the P728-million fertilizer fund scam.

"Malacañang should think twice before invoking executive privilege or restraining agriculture officials from appearing and telling the truth just to cover up for Bolante’s grossly incredulous testimony," Cayetano said.

Cayetano said this supposed plot by Malacañang to derail the probe was evident in last week’s statement of deputy presidential spokeswoman Lorelei Fajardo to media about the possibility of Malacañang invoking executive privilege to stop officials of the DA from testifying.

Cayetano said Fajardo should be fired for even hinting about invoking executive privilege.

Cayetano said all official documents relating to the fund should also be made available for scrutiny by the Blue Ribbon panel.

"Where else can you see a public official given so much power to disburse millions of government money, but who doesn’t see the need to exercise a shred of responsibility in ensuring how these funds are used or whoever ends up with it?" she said.

Senators Panfilo Lacson, Manuel Roxas II and minority leader Aquilino Pimentel Jr. have asked the Blue Ribbon panel to summon Yap.

Jocelyn "Joc Joc" Bolante, former agriculture undersecretary for finance and tagged as the brains behind the diversion of fertilizer funds to politicians close to President Arroyo, told senators last Thursday that if there was anomaly in the fertilizer program it should have not escaped the attention of the DA undersecretary for operations, who at that time was Yap.

Sen. Benigno Aquino III said Bolante was lying when he claimed that his role was only to disburse funds to regional field units of the DA.

"A memo from then Secretary Luis P. Lorenzo gave Mr. Bolante specific instructions to assess, evaluate and approve all requests for fund assistance under the program. Clearly, this goes beyond the mere disbursement of funds that Mr. Bolante insisted was his sole responsibility at the DA," Aquino said.

Deputy presidential spokesman Anthony Golez said DA officials led by Yap are free to share what they know about on the fertilizer scam.

"As of now wala kaming natatanggap na balita na pipigilan siya (Yap). Kung makakatulong si Secretary Yap sa usapin na ito, malaya siyang magsabi o magsalaysay kung meron siyang alam sa isyu na ito," he said. – With Jocelyn Montemayor

Joc Joc faces senators today…

BY DENNIS GADIL

IT’S all systems go for the face-off between senators and former agriculture undersecretary Jocelyn "Joc Joc" Bolante as the Senate Blue Ribbon committee opens today its new probe on the P728-million fertilizer fund scam.

Bolante is expected to arrive at the Senate premises before 9:30 a.m. accompanied by Senate security personnel. He will be coming from the St. Luke’s Medical Center in Quezon City.

This early, senators are warning Bolante not to invoke his right against self-incrimination indiscriminately.

"Of course, we recognize his constitutional right (against self-incrimination) but he can only invoke this right after every question," minority leader Aquilino Pimentel Jr. said.

Pimentel said Bolante would still need to justify why his answers to a particular question would tend to incriminate him.

Pimentel said he expects today’s hearing to be protracted, given the number of senators who wish to grill Bolante as well as the anticipated stalling and evasion on the part of the man tagged by the Senate in 2005 as the master architect of the illegal fund diversion to the campaign kitty of President Arroyo for the 2004 elections.

"That’s why I suggested wala munang ibang testigo, siya lang muna (because) it can be a protracted session," Pimentel said.

Bolante would appear before some of the senators who probed the scam in the 13th Congress particularly Jinggoy Estrada and Panfilo Lacson.

Estrada and Lacson have vigorously pursued the probe and pressed for the arrest of Bolante after he had snubbed their summons.

Sen. Miriam Defensor-Santiago said she is fearful Bolante would invoke his right against self-incrimination, considering he is a respondent in the case before the Ombudsman.

Santiago said Bolante can’t say much to the Senate panel members because of the pending case with the Ombudsman.

Majority leader Francis Pangilinan appealed to Bolante to come to the Senate "with a clean heart."

"Bolante should redeem whatever’s left of his pride by facing the Senate and telling all," Pangilinan said.

Law professor Harry Roque Jr. said senators must consider the more than P1 billion in taxpayers’ money involved in the fertilizer fund mess than "humanitarian" concerns about Bolante.

"Umaasa ang taumbayan na pagkatapos ng tatlong taon ng pag-aantay, sisipot si Bolante sa Senado upang malaman natin ang katotohanan sa fertilizer scam," Roque, co-convenor of civil society group Concerned Citizens Movement, said.

Bolante fled to the United States in July 2006 at the height of the Senate probe on the fertilizer fund mess.

He was arrested in the United States and denied asylum. He was deported last October 28 but upon arrival complained of chest pains and had to be taken to St. Luke’s Medical Center.

Roque reminded the senators that while Bolante is entitled to invoke his right against self-incrimination, legal precedents allow senators to decide whether such invocations are proper.

"Pag decision ng Senado di tama ang (pag-invoke ng) right to self-incrimination, ikukulong siya," he said

Senate issues arrest warrant against Dela Paz

BY DENNIS GADIL

THE Senate yesterday finally ordered the arrest of former PNP comptroller Eliseo dela Paz for snubbing the summons issued by the Senate foreign relations committee which is conducting a probe into the so-called euro generals.

Senate President Manuel Villar, after signing the arrest order, said the number of required 10 signatories had been met. There were eight signatories on Monday and 12 yesterday.

The Office of the Senate Sergeant-at-Arms went to Camp Crame to serve the arrest order.

The arrest order was received by Director Leopoldo Bataoil, chief of the Directorate for Police-Community Relations.

Dela Paz’ lawyer, Noel Malaya, said he last talked with his client Monday, and the latter promised to surface this week. He said Dela Paz is either in Bataan or La Union.

The Senate is investigating Dela Paz’ brief detention at the Moscow airport after he was found carrying 105,000 euros which he did not declare.

He said the money was meant as contingency fund for the PNP delegation that attended the October 7-11 Interpol conference in St. Petersburg.

Dela Paz, one of the eight members of the PNP delegation, reached the retirement age during the trip. He has taken out almost all of the things in his quarters.

He did not show up at the opening of the Senate inquiry on October 23, prompting Sen. Miriam Defensor Santiago, committee chair, to order his arrest.

He is questioning before the Supreme Court the committee’s jurisdiction to investigate the Moscow incident.

The senators who signed the arrest order were Villar, Santiago, Francis Pangilinan, Aquilino Pimentel, Manuel Roxas, Edgardo Angara, Richard Gordon, Gregorio Honasan, Ramon Revilla Jr., Rodolfo Biazon, Ana Consuelo Madrigal and Loren Legarda.

Villar said he hoped Dela Paz would not try to evade arrest and appear in the next hearing.

Santiago said Monday she will schedule the hearing next week, possibly with the Senate blue ribbon committee of Sen. Alan Peter Cayetano as secondary panel.

"To avoid all these technicalities, it would be better if the two committees hold a joint hearing, so that Dela Paz can no longer make a pretense of challenging jurisdiction on the arrest warrant," she said.

The Santiago committee has already come out with a report, recommending Dela Paz’ prosecution.

An ad hoc committee formed by the National Police Commission (Napolcom) to investigate the Moscow incident said Dela Paz should be criminally prosecuted if he fails to explain the "irregular withdrawal" of P6.9 million (converted to 105,000 euros) from PNP intelligence funds.

The Napolcom panel also recommended a freeze on Dela Paz’ retirement benefits and a lifestyle check on the members of the delegation. – With Raymond Africa and Ashzel Hachero