Category: PDAF

Nakakaduda na ang kilos ng pamahalaan sa kaso ni Napoles

Ellen Leave a comment

Leila de LimaHindi naman siguro tanga si Justice Secretary Leila de Lima para hindi niya maisip kung bakit pilit na gusto makipagkita sa kanya si Janet Napoles at gusto kumanta.Napoles Philnews

Maraming pagkakataon si Napoles na magsabi ng buong katotohanan tungkol sa panloloko at pagnakaw ng bilyun-bilyon na pera sa taumbayan ngunit hindi niya ginawa. Nang dumalo siya sa hearing ng Senate Blue Ribbon Committtee, wala siyang sinabi. Puro wala siyang alam samantalang nanumpa siya na magsabi na buong katotohanan. “Nothing but the truth,” sabi sa kanyang oath.

Iba na raw ang kuwento ni Napoles nang binisita ni De Lima sa Ospital ng Makati. Nagdawit pa raw siya ng maraming senador at congressman. Merong may nagsabi na 19 na senador daw ang sa kanyang affidavit, meron namang nagsabing 12.

Ngunit hindi raw nila pinag-usapan ang pagiging state witness ni Napoles.

Sinong tanga ang maniniwala na kakanta si Napoles na walang kapalit? Konsyensya daw.

Ginu-goodtime lang tayo nito. Pumayag naman si De Lima sa drama. Halata namang nagta-trial balloon lang sila.

Mabuti naman at umalma ang publiko. Kasi naman kung gawing state witness si Napoles kapalit ng kanyang pagsabi ng katotohanan kuno tungkol sa raket ng PDAF (Priority development Assistance Fund), idi-dimis na lahat na kaso laban sa kanya.

Ang swerte naman niya kung mangyayari yan. Limpak na limpak na salapi na ang kanyang nakuha sa taumbayan. Nakabili na ng maraming ari-arian kasama pa ang isang hotel sa Amerika. Hindi lang siya, pati na rin ang kanyang mga galamay kasama na doon si Ruby Tuason at si Dennis Cunanan, na kumita na rin ng husto.

Magandang raket yan at sigurado marami ang gagayq. Magnakaw ng husto. Dapat malakihan kasi kapag maliit, baka mabulok ka sa kulungan. Isama mo ang mga malalaking tao rin. Kapag nagpalit ng administrasyon at mahuli ka, kumanta ka at libre ka na. Kumita ka ng bilyun-bilyon na walang pagod.

Kaya tama ang sabi ni Sen. Antonio Trillanes IV na kung gusto ng pamahalaang Aquino gawing state witness si Napoles (kahit na tagilid ito sa batas dahil isa siya sa may malaking papel sa anomalya), kailangan ibalik niya ang kanyang ninanakaw. Umabot daw sa P10 bilyun ang nawalang pera na dapat ay napunta sa mahihirap na Pilipino. Dapat ibalik niya yan. Baka P10 milyun lang ang ibabalik niya.

Sabi ni Trillanes:”Definitely may conditions, like isosoli mo lahat ng ninakaw mo. Pangalawa, kailangan hindi ka magpipigil. I believe this thing should not be looked solely at the legal perspective kasi merong greater interest of the state na kailangan nating malaman kung sino talaga ‘yung mga kakontsaba niya, mga ka-partners niya in crime. Kasi imagine this, if we would be a stickler to what the law says, sige hindi siya pwedeng candidate for state witness as defined, pero hindi mo na naman nakita kung sino ‘yung mga senador at mga congressman na involved. So they’re still out there. They’re crafting policies. They’re probably committing acts of corruption still. ‘Di ba mas maganda na sigurong mas makita natin ‘yun, na ito siya, pagbigyan na natin.”

Sa “hindi magpapapigil”, ang ibig sabihin ni Trillanes, dapat buong katotohanan sabihin niya. Hindi pwedeng pipiliin lang niya kung sino ang didi-in niya.

Kaya balik tayo sa bakit ba kailangan pa si Napoles para maging state witness. Akala ko ba malakas na ang kaso laban sa tatlong senador – Juan Ponce Enrile, Jinggoy Estrada, Bong Revilla – at iba pang akusado.

Di ba sabi ng Ombudsman may basehan na ang kasong plunder at paglabag ng anti-graft law sa mga testimonya nina Benhur Luy at ng kanyang mga kasamahan? At ano ngayon ang mangyayari sa kaso ni Luy laban kay Napoles na illegal detention?

Ano ba ang nangyayari? Nakakaduda na ha. Mukhang ginugulo na lang. Bakit sumasakay si De Lima?

Holy Week in prison for Enrile, Estrada, Revilla?

Ellen Leave a comment
The PDAF kings

The PDAF kings

Now that the Ombudsman has approved the resolution to file plunder charges against those involved in the malversation of the Priority Development Assistance Fund, it looks like Senators Juan Ponce-Enrile, Jinggoy Estrada and Bong Revilla would be observing their Holy Week in jail.

It is reported that Revilla and his family are in Holy Land to seek for “divine intervention.” Let’s see if his wish would be granted.

The accused will be given time to submit a motion for reconsideration, after which the Ombudsman will file the Information with the Sandiganbayan. The graft court will determine whether there’s a basis for the case to proceed.

The Sandiganbayan has 10 days after receipt of the Information to issue a warrant of arrest.

In a briefing, Ombudsman Spokesperson Asryman Rafanan they “found probable cause to indict Juan Ponce Enrile, Ramon Bong Revilla Jr., Jinggoy Estrada, as well as Janet Lim Napoles, and a number of government employees and non-government organizations offices with plunder punishable under RA 7080 as amended and violation of section 3E of Republic Act 3019 or the anti-graft and corrupt practices act in connection to the pork scam.”

On the charges for Plunder, Rafanan said “the Joint Resolutions concluded that the three Senators took undue advantage of their official position to illegally divert , in connivance with certain respondents, their respective PDAF allocations to the Napoles NGOs, in exchange for kickbacks/commission amounting to more than P172 million ,P242million ndP183 million in the case of Senators Enrile, Revilla and Estrada, respectively, with the PDAF funded projects turning out to be “ghost” projects, under a modus operandi of a combination and series of overt criminal acts repeatedly taking place over a number of years.”

The crime of Plunder under RA 7080 is punishable by reclusion perpetua (to death), and forfeiture of the ill-gotten wealth in favor of the government.

In the Ombudsman resolutions, it showed that Revilla got the largest kickback in the amount of P224, 512,00 out of the P517,000,000 PDAF that was released to him.

Estrada was the second topnotcher with P183,793,750 kickbacks from his P480,000,650 pork barrel.

Ombudsman’s investigations showed that P172, 834,500 out of the P345, 000,000 PDAF released to Enrile went to kickbacks and commissions.

On the charges for violations of Section 3(e) of R.A. 3019, the Joint Resolutions uniformly found that the sets of respondents conspired in causing undue injury to the government in the amounts of P345 million, P517 million and P278 million from the PDAF of Senators Enrile, Revilla and Estrada, respectively, by receiving, in evident bad faith, kickbacks or portions of the diverted amount, and by being manifestly partial in the selection of the Napoles NGOs and the conduit Implementing Agencies (IAs), which resulted in unwarranted benefit, preference or advantage to the Napoles NGOs which were chosen without the benefit of public bidding and which supposed turned out to be “ghost” projects.

Estrada and Revilla issued statements denying the accusations adding that they were not surprised by the Ombudsman’s decision. Enrile, as of presstime, has not issued a reaction.

Enrile’s chief of staff of Enrile, Gigi Reyes, Estrada’s Pauline Labayen, and Revilla’s Richard Cambe were included among the respondents.

Included also are Ruby Tuason, former social secretary of President Estrada who acted as broker in the Malampaya and PDAF scams and Dennis Cunanan, director-general (on leave) of the Technology Resource Center , which was used as conduit for the release of PDAF to ghost non=government organizations and projects.
Tuason and Cunanan have applied to be state witnesses.

The number of the respondents shows how extensive the scam’s network. The cases against the three senators and their cohorts in the PDAF scam demonstrate that the law does not distinguish the offenders social and political status.

These are just the first batch of charges. More to come.

Senators’ applause for Tuason proves stealing pays

Ellen Leave a comment

Ruby Tuason in Senate hearing.

Ruby Tuason in Senate hearing.

Sorry, but I don’t share the euphoria of Sen. TG Guingona, chair of the Blue Ribbon Committee, over the testimony of Ruby Tuason in the Senate yesterday.

After the hearing Guingona enthused: “A three-point shot na buzzer beater na, winning shot pa.”

Haaaah?

Sure, Tuason detailed her role as “commissioner” in the anomalous operation of Janet Napoles with Senators Juan Ponce-Enrile and Jinggoy Estrada using the Priority Development Assistant Fund allotted for small-scale projects in poor communities. But except for some details, all that she said were already revealed by whistleblowers Ben Hur Luy, Merlina Suñas, Arthur Luy, Gertrudes K. Luy, Annabelle Luy, and Nova Batal Macalintal.

Laywer Harry Roque noted that during the hearing, “ Tuason kept on relying on Ben Hur’s records.”
Roque said Tuason’s testimony “ bolsters my position that her testimony is not indispensable and that the testimony of Ben Hur Luy et al are sufficient. Worse, she could not recall how much she delivered which could have been her new information.”

Roque further said: “Thus far, she has not said anything to make me change my position that she should spend the rest of her life in jail with her co-conspirators.”

Sen. Sonny Angara hailed Tuason for the “sacrifice” for offering to return her commission of P40 million form the anomalous transactions.

Inday Espina-Varona of Change.Org posted in Facebook: “Dear Sonny Angara, please do not insult the people by describing Ruby Tuason’s offer to pay back her share of thievery as a ‘sacrifice’. And if she is not liquid, it is not the people’s fault, no? “

Tuason said she got five percent of the amount she brokered. That means she participated in depriving the Filipino people of P800 million that would have been used for projects that would have helped improved their lives like health centers, school buildings, farm-to-market roads.

Tuason is included with Gloria Arroyo among those charged with plunder for the misuse of the P900 million Malampaya funds October last year. Reports on that case said, “A certain Ruby Tuason was included in the complaint for having received P242.775 million for a “still unknown principal.”

How much commission did she get out of that P242.775 million? And who was her principal?

For the offer to return P40 million and tell the investigators what they already know (about involvement of Enrile and his chief of staff, Gigi Reyes, and Estrada in Napoles PDAF) Tuason gets to keep the rest of the loot she got. She will be admitted in the Witness Protection Program. That means the plunder case against her will be dropped and she will be given protection by the government.

Tuason makes it appear that she is doing the Filipino people a favor with her testimony. Inday Varona does not accept that: “Someone should tell Ruby Tuason that she is not giving any favors to the Senate and the people.
She is fighting for her life, trying to save her neck — and she better remember that!,” she posted in Facebook.

Vincent R. Pozon posted his reaction when Tuason said “For the sake of a better country, I am ready for your questions”: “Rolling on the floor laughing so hard and crying.”

Related articles:

Ruby Tuason and the WPP: Some criminals are luckier than others

http://harryroque.com/2014/02/12/ruby-tuason-and-the-wpp-some-criminals-are-luckier-than-the-others/

Slam dunk or ‘supalpal’? Ruby Tuason as state witness may also damage plunder case.

http://www.interaksyon.com/article/80442/mel-sta–maria–slam-dunk-or-supalpal-ruby-tuason-as-state-witness-may-also-damage-plunder-case

Senators’ applause for Tuason proves stealing pays

Ellen Leave a comment

Ruby Tuason in Senate hearing.

Ruby Tuason in Senate hearing.

Sorry, but I don’t share the euphoria of Sen. TG Guingona, chair of the Blue Ribbon Committee, over the testimony of Ruby Tuason in the Senate yesterday.

After the hearing Guingona enthused: “A three-point shot na buzzer beater na, winning shot pa.”

Haaaah?

Sure, Tuason detailed her role as “commissioner” in the anomalous operation of Janet Napoles with Senators Juan Ponce-Enrile and Jinggoy Estrada using the Priority Development Assistant Fund allotted for small-scale projects in poor communities. But except for some details, all that she said were already revealed by whistleblowers Ben Hur Luy, Merlina Suñas, Arthur Luy, Gertrudes K. Luy, Annabelle Luy, and Nova Batal Macalintal.

Laywer Harry Roque noted that during the hearing, “ Tuason kept on relying on Ben Hur’s records.”
Roque said Tuason’s testimony “ bolsters my position that her testimony is not indispensable and that the testimony of Ben Hur Luy et al are sufficient. Worse, she could not recall how much she delivered which could have been her new information.”

Roque further said: “Thus far, she has not said anything to make me change my position that she should spend the rest of her life in jail with her co-conspirators.”

Sen. Sonny Angara hailed Tuason for the “sacrifice” for offering to return her commission of P40 million form the anomalous transactions.

Inday Espina-Varona of Change.Org posted in Facebook: “Dear Sonny Angara, please do not insult the people by describing Ruby Tuason’s offer to pay back her share of thievery as a ‘sacrifice’. And if she is not liquid, it is not the people’s fault, no? “

Tuason said she got five percent of the amount she brokered. That means she participated in depriving the Filipino people of P800 million that would have been used for projects that would have helped improved their lives like health centers, school buildings, farm-to-market roads.

Tuason is included with Gloria Arroyo among those charged with plunder for the misuse of the P900 million Malampaya funds October last year. Reports on that case said, “A certain Ruby Tuason was included in the complaint for having received P242.775 million for a “still unknown principal.”

How much commission did she get out of that P242.775 million? And who was her principal?

For the offer to return P40 million and tell the investigators what they already know (about involvement of Enrile and his chief of staff, Gigi Reyes, and Estrada in Napoles PDAF) Tuason gets to keep the rest of the loot she got. She will be admitted in the Witness Protection Program. That means the plunder case against her will be dropped and she will be given protection by the government.

Tuason makes it appear that she is doing the Filipino people a favor with her testimony. Inday Varona does not buy that line: “Someone should tell Ruby Tuason that she is not giving any favors to the Senate and the people.
She is fighting for her life, trying to save her neck — and she better remember that!,” she posted in Facebook.

Vincent R. Pozon posted his reaction when Tuason said “For the sake of a better country, I am ready for your questions”: “Rolling on the floor laughing so hard and crying.”

Related articles:

Ruby Tuason and the WPP: Some criminals are luckier than others

http://harryroque.com/2014/02/12/ruby-tuason-and-the-wpp-some-criminals-are-luckier-than-the-others/

Slam dunk or ‘supalpal’? Ruby Tuason as state witness may also damage plunder case.
http://www.interaksyon.com/article/80442/mel-sta–maria–slam-dunk-or-supalpal-ruby-tuason-as-state-witness-may-also-damage-plunder-case

Using calamity an excuse for another calamity

Ellen Leave a comment

Aquino inspecting damage in Bohol. Photo by Malacañang.

Aquino inspecting damage in Bohol. Malacañang photo.

One week after the 7.2 magnitude tremblor that shook Bohol, Cebu and other parts of Central Visayas, many are still unaccounted for.

Heart rending is the report about the missing five children playing by the waterfall, which has also been obliterated by landslides that followed the quake.

There may still be areas, isolated by the destruction of roads and bridges that are still to be reached by rescuers and people who are bringing assistance.

Speaking of assistance, it is good to know that China has set aside the strain in diplomatic relations and condoled with the Filipino people in this moment of tragedy. Beijing sent through the Red Cross $80,000 assistance.

Taiwan, with whom the Philippines recently patched up relations after the unfortunate killing by a member of the Philippine Coast Guard of a Taiwanese fisherman in the disputed waters in Balintang Channel gave $100,000. The Taiwan Economic and Cultural Office in Manila said more humanitarian assistance for the quake victims is being organized.

The United States donated $50,000 for relief operations for Bohol quake victims.

Aquino distributes goods to victims of the earthquake in Bohol. Malacañang photo.

Aquino distributes goods to victims of the earthquake in Bohol. Malacañang photo.

Legal aspects of these donations are covered by the declaration of the earthquake-stricken areas under the State of Calamity.
Republic Act 10121 provides that “The President’s declaration may warrant international humanitarian assistance as deemed necessary.”

VERA Files Yvonne Chua, wrote a piece about her conversation with Eddie, a driver in Guadalupe, Cebu whose house was damaged by the earthquake on how the President’s declaration of a State of Calamity can benefit him.

Chua wrote:”The President can declare a state of calamity in ‘a condition involving mass casualty and/or major damages to property, disruption of means of livelihoods, roads and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced hazard.’”

“The presidential declaration paves the way for the release of calamity funds, a price freeze for basic necessities of 60 days unless lifted, and the granting of no-interest loans, as well as international humanitarian assistance.

“Under the Local Government Code, local government units in areas declared to be in a state of calamity may draw from their calamity funds, a lump-sum appropriation generated from the 5 percent of the estimated revenue from regular sources. The funds are to be used for the repair and upgrading of public infrastructures and facilities, among others.

“On top of that, local government units may enact a supplemental budget to buy supplies and materials or pay for services to prevent danger to or loss of life or property.

“The importation of rice and payment of hazard allowance to public health workers and science and technological personnel may also be authorized during a state of calamity.”

Chua said it is the grant of no-interest loans by government financing or lending institutions that interests Eddie especially those for home repairs.

Chua related that Eddie was told to take pictures of his damaged house and attach them to his loan application with the Social Security System.

Chua further wrote that, “The SSS on Wednesday approved a calamity relief package for SSS members and pensioners in Central Visayas, especially Cebu and Bohol, who were affected by the earthquake. The package includes early renewal of salary loans, relaxed loan terms for home repairs and advance release of three months’ worth of pensions.

“The SSS said it has relaxed its terms for the House Repair and Improvement Loan Program for members living in the declared calamity areas like Eddie. House repair borrowers can avail themselves of reduced interest rates, to be fixed at 6 percent a year instead of the existing 9 percent. The regular application fee of up to P3,000 will also be waived.

“The SSS is allowing members one year to apply for house repair loans to give them time to prepare the required documents.”
The 2013 budget has allotted P7.50 billion for calamities and P1 billion for contingencies. The two fundsa are part of the P957.77 billion special purpose fund which some describe as the President’s pork barrel.

Aquino last week said there’s only P1.37 billion in the calamity fund. The unspoken message, of course, is this is not enough, we will have to tap “savings” which is the controversial Disbursement Acceleration Program.

Many saw through the deodorant ploy.

Not to be outdone, members of the Senate, which has been shaken by the Janet Napoles pork barrel scandal, are suggesting re-aligning their unused PDAF (Priority development Assistance Fund) to the Calamity Fund.

Lawyer Harry Roque said:” This cannot be done. Budget is a law. A (Senate) resolution can’t amend a law! Only an amendatory or repealing law can do that. In any case, the Senate president can only realign items from savings in its own budget. They can’t do that to budget of executive and vice versa.”
Doing that would make calamity an excuse for another calamity.