Revolting and abnormal

It is getting more and more revolting and even quite “abnormal” for this administration to continue giving special treatment to Janet Lim Napoles, one of the principal suspects in the pork barrel scam where the Ombudsman has already found probable cause. Already pointed out several times before is her comfortable detention cell at Fort Sto. Domingo complete with facilities of a luxurious home. This is quite revolting and deplorable considering that several other detention prisoners suspected of stealing petty amounts out of extreme hunger continue to languish in congested jails with facilities dangerous to life and degrading to human dignity. This government is apparently sending the unfair and erroneous message that those stealing billions of pesos deserve better treatment and have better chances of getting away with it.

But more revolting and quite abnormal if not suspicious in this Napoles affair is the attention and importance she is getting from this government especially when she decided to “tell all” after initially keeping mum and denying any knowledge or involvement in the scam during the Senate Blue Ribbon Committee investigation. The circumstances and events occurring the past few days are interesting indeed.

Ordinarily, the investigations of suspects are quietly conducted by the Philippine National Police (PNP) or the National Bureau of Investigation (NBI). But in this case, no less than the Secretary of Justice, after getting clearance from no less than the President of this country went to the “Ospital ng Makati” to get the sworn statement of Napoles that lasted for five hours or more. It is really quite intriguing and mystifying why the go signal of P-Noy is still necessary before the sworn statement of a suspect in a criminal case is taken down. Such stance of P-Noy has indeed given rise to several plausible public perceptions and valid observations.

First of all, some political color is already very obvious and clearly seen in this “tell all” incident. A lot of people have already concluded that the sworn statement of Napoles has been watered down so that no official or individual close to this administration will be implicated. Indeed there are even reports coming out in social media and newspaper columns that the ex husband of Justice Secretary De Lima has allegedly received P8 million from Napoles but this was allegedly stricken out from her statement. Thus, as usual, only Enrile, Estrada and Revilla, the favorite “whipping boys” of this administration have so far been publicly named.

Secondly, there is also a growing public perception that these latest developments in the scam is but part of a sinister plot to divert the attention of the people to a more explosive expose that may be very damaging to this administration particularly to P-Noy himself as it involves some members of his family. And the principal figure here is the Justice Secretary again.

It is quite interesting to note that De Lima has been repeatedly coming out with spectacular witnesses that will supposedly clinch the case for the prosecution in this plunder case every time the MRT 3 scandal is getting more and more public attention. First there was Ruby Tuason, followed by Dennis Cunanan and then lately “Gigi Reyes.” But public interest did not last long in their stories as the MRT 3 payoff charge aired by the Czech still remains in the limelight and continues to get hotter and hotter with juicy details. So De Lima has to come up with a more spectacular revelation. Apparently this is the Napoles’ “tell all” story.

This diversionary tactic becomes more obvious when right after the five-hour interview with Napoles, De Lima already came out publicly announcing that Napoles has decided to talk and has submitted a sworn statement to this effect. Yet she does not want to make public the whole contents of the sworn statement that is supposed to be notarized and therefore a public document already. She explained that they are still confirming and verifying the truth thereof. She only came out with a very controversial issue about the possibility of Napoles becoming a state witness. Obviously, this topic was intended to whet the public appetite even more and divert public attention further away from the MRT 3 anomaly.

So every Juan, Pedro and Juana have suddenly become “lawyers,” airing and coming out with their own legal opinion about this issue of Napoles’ becoming a state witness for the prosecution in the trial of the crime of plunder. This administration apparently believes and hopes that this topic will hug the limelight for quite some time until they lose interest in the MRT scandal.

Actually, as Justice Secretary, De Lima should know that this topic is a non-issue at all. Several whistle blowers have already pointed to Janet Lim Napoles as one of the principal participants in the pork barrel scam amounting to P10 billion or more. With their sworn statements already submitted to the Ombudsman, there is no doubt that her cooperation is indispensable in the commission of the crime of plunder; that without her cooperation the crime of plunder would not have been consummated. So she really cannot become a state witness because this entails the dropping of the charges against her.

Besides, her testimony here is not really that vital to the prosecution. First of all it is self serving. Secondly, coming from a suspected plunderer, it suffers from serious lack of credibility. Courts will find it hard to believe her and her statement especially because of its inconsistency with her previous statement denying knowledge of the scam and refusing to name any Senator.

Perhaps the only useful and credible aspect of her testimony is her answers and explanations to the many incriminating photographs where several high government officials especially P-Noy himself are seen smugly smiling together with her.

Email: Amb. Josef Rychtar and Inekon CEO Josef Hušek corroborate that it happened over post-prandial talks at the former’s residence on July 9, 2012, and at the MRT-3 head office the next day.

The family of de la Cruz, from Manaoag, Pangasinan, is said to be active in politics, LP-side. Maralit, onetime consultant of Inekon, had sold Czech-made airport communications systems to the DOTC.

The last three incorporators-directors of PH Trams are:

• Federico F. Remo, EVP-operations of the state-owned Philippine ExportImport Credit Agency, under the Dept. of Finance;

• Alfreda Tan Maralit, supposedly the wife of Manolo Maralit; and

• Arturo V. Soriano, also from Calasiao, Pangasinan, said to be a provincial capitol official.

The first five incorporators-directors hold 4,166 shares each of PH Trams; Soriano controls a slightly bigger 4,170 shares.

Inekon had rejected the payoff demand of July 2012. It was then four years into negotiating a supply-refitting-maintenance deal with the MRT-3. Reports were that the DOTC-MRT-3 consequently blacklisted the Czech investor.

Three months later, on Oct. 19, 2012, PH Trams bagged a $6.9-million (P290million) maintenance- only contract with the MRT-3.

PH Trams was only two months old then (see Gotcha, 21 and 23 Apr. 2014). De Vera had filed for registration with the Securities and Exchange Commission on Aug. 6, 2012 (Company Reg. No. OS201230134).

PH Trams’ paid-up capital then was but P625,000, of P10- million authorized and P2.5-million subscribed. Yet it wangled a contract 464 times more.

The P290-million contract was by closed- door negotiation, not public extortion.

PH Trams has shown staying power, DOTC insiders say. Its first maintenance contract with MRT-3 -- $1.15 million a month for six months, Oct. 2012-Apr. 2013, was in joint venture with CB&T.

CB&T (Comm Builders and Technology Corp.) has been in construction, maintenance, and repair of airfields, piers, and railways since 2003 (SEC Registration No. CS200315200). It reported paid-up capital of P9 million and assets of P145,569,553 in Mar. 2013.

When the PH Trams-CB&T contract expired in Apr. 2013, the MRT-3 granted a three-month extension. In those three months PH Trams partnered with another old time DOTC contractor, APT (Autre Porte Technique Global Inc.).

Incorporated in 2003 (SEC Registration No. CS200323355), APT is in the manufacture of rail locomotives and rolling stock. As of Sept. 2011 it had paid-up capital of P9.9 million, out of P50 million authorized and P11.25 million subscribed. It also has spun off one subsidiary, and invested in stocks and bonds.

The NBI report on the extortion try is long delayed. It is in a quandary about what charge to pin on the culprits, since no money actually changed hands, The

STAR reported in Dec. The House of Reps committee on good government is to resume its inquiry in May. Chairman Oscar Rodriguez has invited Rychtar, Abaya, and Vitangcol to the next hearing. Rep. Neri Colmenares says he will look into the dramatis personae and the aftermath of the failed extortion.

Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ (882-AM).

Gotcha archives on Facebook: , or The STAR website

E-mail: