MANILA, Philippines – The Senate blue ribbon committee has recommended the filing of appropriate charges such as plunder against Senators Juan Ponce-Enrile Jose “Jinggoy” Estrada and Ramon “Bong” Revilla Jr. in connection with the P10-billion “pork barrel” scam.
“In support of the findings of other investigative bodies, the committee finds merit in the evidence presented and finds sufficient basis for the filing of criminal cases with the proper court,” said a 122-page report released to the media by committee chairman Teofisto Guingona III.
The report then enumerated the names of persons liable, including Enrile, Estrada, Revilla, detained businesswoman Janet Lim-Napoles, the alleged mastermind of the scam, and five other individuals.
The five were Enrile’s former chief of staff, lawyer Jessica “Gigi” Reyes; Estrada’s staff member, Pauline Labayen; Revilla’s chief of staff, Richard Cambe; Allan Javellana of the National Agribusiness Corporation (Nabcor) and Antonio Ortiz , former director general of the Technology Resource Center (TRC).
The committee recommended the filing of plunder or malversation, direct bribery, frauds against the public treasury and similar offenses, violating the Anti-Graft and Corrupt Practices Act and violating the code of ethical standards for public officials and employees against the senators as well as Reyes, Labayen, Cambe and Javellana.
Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr. INQUIRER FILE PHOTOS
Similar charges have also been recommended against Ortiz with additional offense for Violating the Government Procurement Reform Act.
The committee also recommended the filing of plunder or malversation (depending on amount), corruption of public officials, frauds against the public treasury , violating the anti-graft and practices act, and false testimony against Napoles.
“Note that some of Napoles’ employees served as whistleblowers for this investigation, and provided critical information to help the prosecution prevent similar scams in the future. These whistleblowers, although technically considered participants of Janet Lim-Napoles’ operations, were not included in the complaint filed by the National Bureau of Investigation (NBI), for their immeasurable value as witnesses for the prosecution and because they were probably not considered the most guilty,” said the report.
“In all these cases, the whistleblowers were able to clearly and convincingly explain how bogus NGOs (non-government organizations) were set up, under the direction of Janet Lim-Napoles, in order to access and appropriate the PDAF of certain legislators, for personal use.”
PDAF is Priority Development Assistance Fund (PDAF) also known as “pork barrel” funds.
“Against the general denials of Janet Lim-Napoles and the government officials questioned, the whistleblowers gave specific and categorical details, with conviction, about their racketeering activities, and how Janet Lim-Napoles worked closely with legislators and their agents, in order to overcome, if not contravene, the procedural requirements for successful fund releases,” the report added.
In the case of Ruby Tuason, who was co-accused in the plunder case filed at the Office of the Ombudsman, the report simply noted the weight of her testimony .
“Ms. Tuason’s voluntary surrender and admission of guilt constitutes critical information that identifies two legislators as recipients of kickbacks sourced from simulated government projects,” it said.
“Being an admission against interest, her statements deserve serious consideration by the court. She would not have implicated herself in these crimes if it was not true.”
In the case of Dennis Cunanan, director general on-leave of the TRC, the committee noted that his testimony supported the case theory that there was “direction by the lawmakers involved in the stealing of public funds and that TRC was used only as a conduit for the whole operation.”
Nevertheless, the committee said it would just leave it up to the Department of Justice and the Office of the Ombudsman to decide upon Cunanan’s fitness to be granted immunity from prosecution.
Both Tuason and Cunanan are applying as state witnesses.
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