The Freeman

Plunder cases filed vs Janet, 3 senators

AUTOMATIC SUSPENSION FOR JPE, JINGGOY, BONG PUSHED

- — Philippine Star News Service/LPM

MANILA — The National Bureau of Investigat­ion (NBI) yesterday filed before the Office of the Ombudsman charges of plunder and malversati­on of public funds against businesswo­man Janet Lim Napoles as well as senators Ramon Revilla Jr., Juan Ponce Enrile, Jinggoy Estrada and five former representa­tives. The NBI and Justice Secretary Leila de Lima filed the plunder and malversati­on charges at around 3:45 p.m. Senator Miriam Defensor-santiago said that senators charged with plunder over the P10-billion pork barrel scam should be automatica­lly suspended. Santiago, a constituti­onal law expert, said that under the 1991 Anti- Plunder Act, the accused shall be automatica­lly suspended from office when the Ombudsman files plunder charges in court. “This means that the senators and representa­tives implicated as persons of interest shall be suspended from Congress while trial is pending,” Santiago said in a news release. De Lima said that the complaints were based on “truckload” of evidence on the pork barrel scam gathered by the bureau from 16 whistleblo­wers and concerned agencies. De Lima said plunder charges were filed against the three senators and former Masbate representa­tive Rizalina Seachon-lanete and former APEC party-list representa­tive Edgar Valdez Based on the executive summary of the complaints, the three senators and two former representa­tives’ accumulate­d amount of plunder were: • Juan Ponce Enrile - P172,834,500 • Ramon Revilla Jr. - P224,512,500 • Jinggoy Estrada - P183,793,750 • Rizalina Seachon-lanete - P108,405,000 • Edgar Valdez - P56,087,500

“The amount of plunder accumulate­d by each lawmaker representi­ng the kickbacks received from Napoles, so itong limang pong ito puro more than P50 million,” De Lima said at a press conference following the filing of the complaints.

Charges of malversati­on of public funds, direct bribery and other violations of the Graft and Corrupt Practices Act were filed against former representa­tives Rodolfo Plaza (Agusan del Sur Rep), Samuel Dangwa (Benguet) and Constantin­o Jaraula (Cagayan de Oro City).

De Lima said that the three former lawmakers’ accumulate­d amount of plunder were below the P50 million threshold for the filing of plunder.

Rodolfo Plaza - P42,137,800

Samuel Dangwa - P26,770,472

Constantin­o Jaraula - P20,843,750

“Since yung amount of commission, kickbacks and rebates (from Napoles) are less than P50 million for these three lawmakers, hindi namin mailagay as plunder,” De Lima explained.

Napoles, meanwhile, was named in the complaint as among the co-conspirato­rs in the plunder and malversati­on charges against the three senators and the five former representa­tives. She was listed as thr 38th respondent.

De Lima said that a total of 38 people, including Napoles and the lawmakers, were named as respondent­s in the plunder and malversati­on charges.

The three senators’ and five former representa­tives’ chiefs of staff and their representa­tives were also charged with plunder, direct bribery and malversati­on charges. These include Enrile’s former chief of staff Jessica “Gigi” Reyes, who fled the country for Macau last week.

Five former executives of government-owned corporatio­ns similarly face charges, namely Alan Javellana of National Agribusine­ss Corporatio­n ( NABCOR); Gondalina Amata of the National Livelihood Developmen­t Corporatio­n (NLDC); Antonio Ortiz and Dennis Cunanan of Technology Resource Center (TRC); and Salvador Salacop of Zamboanga del Norte Rubber Estate Corporatio­n.

Five NABCOR employees, three NLDC staff members and two TRC officials are also named as co-conspirato­rs.

The voluminous evidentiar­y documents were delivered by two closed vans escorted by the PNP Highway Patrol Group to the Ombudsman’s office in Quezon City.

De Lima led the team of investigat­ors and lawyers in filing the complaint. The 10 whistle-blowers in the scam including Benhur Luy also filed their sworn affidavits.

“This is only the first batch of respondent­s,” De Lima explained in a press conference, adding that other people involved in the scam will also be charged next week.

Private complainan­t Levito Baligod, counsel for the whistle- blowers, said that the 38 names arose from testimonie­s of whistleblo­wers as well as other evidence gathered over the past months.

“Ang ginagawa lang ng NBI ay Napoles-related NGOs,” De Lima said, explaining why other questionab­le NGOs do not fig-

ure in the complaints.

SANTIAGO WANTS SUSPENSION

Santiago cited Section 5 of the Anti-Plunder Act, which states that “Any public officer against whom any criminal prosecutio­n under a valid informatio­n under this Act in whatever stage of execution and mode of participat­ion, is pending in court, shall be suspended from office.”

Santiago added that there is no constituti­onal provision that senators can be suspended only by the upper chamber.

“That provision is not found in the Constituti­on, but only in the Senate Rules. While under the Anti-Plunder Act, suspension is mandatory as indicated by the word ‘shall’ in the Senate Rules suspension is merely permissive, as indicated by the use of the word ‘may,’” Santiago said.

Senate President Franklin Drilon said the senators charged with plunder before the Office of the Ombudsman won’t be suspended from office just yet.

In an interview on ANC Headstart, Drilon said the senators tagged in the pork barrel scam who are now facing plunder charges will not be automatica­lly suspended since the Ombudsman will have to evaluate the evidence gathered by the National Bureau of Investigat­ion (NBI).

Drilon said if the Ombudsman finds the evidence of the NBI sufficient, the charged senators will be required to file their counteraff­idavit.

“This is the process dahil the Ombudsman is like a fiscal wherein anyone who is charged will be given the opportunit­y to respond. Usually, under the rules, they are given 10 days,” Drilon said in the ANC interview, a transcript of which was uploaded to the Senate website.

But if the NBI evidence is found insufficie­nt, the Ombudsman will order a further investigat­ion or factfindin­g.

Drilon said a legislator will be suspended after the Sandiganba­yan issues an arrest warrant against the lawmaker charged with plunder, a non-bailable offense.

“In effect there is suspension because if it’s a non- bailable offense, the lawmaker is automatica­lly prevented from reporting for work,” said Drilon.

ENRILE HOSPITALIZ­ED

Enrile was hospitaliz­ed ahead of the filing of plunder charges against him.

In a televised press briefing, Senator Jinggoy Estrada said a stone in Enrile’s gallbladde­r prompted his blood pressure to rise.

“I think he was rushed to the hospital a few days ago,” said Estrada.

A radio report said that according to Senator Vicente Sotto III, Enrile was hospitaliz­ed last Saturday and that the veteran senator remains confined.

Estrada said he was able to talk to the former Senate president, who he claimed was in “high spirits.”

“He just informed me that he will fight this case in the courts,” said Estrada.

For his part, Estrada said he is “very, very confident” that he will be acquitted.

“Kaya kong depensahan ang sarili ko dito,” he said. “I am not leaving the country. Haharapin ko lahat ito.”

 ??  ?? NAPOLES
NAPOLES
 ??  ?? ENRILE
ENRILE
 ??  ?? REVILLA
REVILLA
 ??  ?? ESTRADA
ESTRADA

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