Lozada’s conviction stresses urgency of whistleblowers law

Jun Lozada in a Palm Sunday mass. File photo

Jun Lozada in a Palm Sunday mass. File photo

At this time of his life, it’s his faith in God that keeps Rodolfo “Jun” Lozada Jr. going.

The government has failed him. The country’s justice system turned against him. Many “friends” have abandoned him after they have used him for their agenda.

After his conviction to six to ten years in prison by the Sandiganbayan last week in the case involving the lease of idle lands when he was president of the Philippine Foreign Corporation, a teary-eyed Lozada said the decision was difficult to take but he is holding on to faith in God: “I once said before, eight years ago, one of the lessons I learned is that the opposite of fear is courage. In reality, the opposite of fear is faith. So I’m holding on to faith in God.”

Sister Mary John Mananzan, one of those who have consistently helped Lozada and his family all throughout Jun’s eight- year ordeal deal, said the case would not have materialized if he did not testify in the aborted corruption-tainted $329.5 million national broadband project with the Chinese firm, ZTE Corp.

“I’m sure of it. All the cases against him came out after he became witness. If it was really his crime, why wasn’t he charged when he was with PFC?” she asked.

It should be recalled that Lozada was the star witness in the NBN-ZTE scandal involving Gloria Arroyo and her husband Mike Arroyo.
Arroyo’s officials tried to talk him out of testifying, even treating him to a junket in Hongkong. But when he decided to come back and testify, he was abducted and was only released because of the vigilance of civil society and religious groups.

But Arroyo did not take it sitting down. Lozada was charged with graft and corruption for making his brother Jose Orlando Lozada a beneficiary of PFC’s Lupang Hinirang Program which allows the lease of idle public lands. Orlando was also charged and convicted.

Former President Benigno Aquino III, whose mother, former President Cory Aquino, led masses and joined marches in support of Lozada, took a hands-off attitude towards the cased filed against Lozada.

It was later found out that Aquino, who was then a senator, probably desiring to score points during the senate hearings on the NBN/ZTE, had offered to meet Lozada at the airport from Hongkong. Lozada at that time was still weighing the pros and cons of going against the Arroyo government and declined Aquino’s offer.

Aquino reminded Lozada of that incident when he (Lozada) ,Sister Mary John and some supporters met with him in Malacanang to seek for his assistance to stop what they feel are harassment by Arroyo.

In a dismissive tone, Aquino told Lozada that he would just pardon him if he gets convicted.

Alas, that promise had been overtaken by events because Aquino is no longer in a position to grant him pardon.

Lozada’s conviction cuts very deep because all those charged in the NBN-ZTE had been gone scot free.

With what happened to Lozada, Sister Mary John said, “who would want to be a whistle-blower?”

She said “Whistle-blowers are needed in the fight against corruption. If not for them, who would be witnesses? “

Related to the role of whistleblowers in the anti-graft campaign, Sen. Antonio Trillanes IV filed a bill (Senate Bill No. 290) seeking additional protection, security and other benefits for whistleblowers. At the House of Representatives, Kabayan Rep. Harry Roque has also filed a bill strengthening government and corporate accountability by supporting and protecting the right of employees to speak out about wrongdoing on the job.

In his first State of the Nation Address, President Duterte asked Congress to enact a Whistleblower Protection Law and strengthen the Witness Protection Program “to eradicate the prevalent cultures of fear and silence that have hounded our justice system.”

Sen. Antonio Trillanes IV

Sen. Antonio Trillanes IV

Trillanes said, “Several laws have been created to encourage whistleblowing; however, the existing legal framework barely meets the need for whistleblowers’ protection and support, and fails to provide them attractive incentives, considering the risks whistleblowers face when they surface.”

SB 290 which is in support of the government’s campaign against graft and corruption seeks to further uplift the welfare and protection of whistleblowers by giving them allowance sufficient for their daily basic financial requirements, housing and personal security. They are also given adequate protection by imposing penalties to employers, firms, companies or corporations that reject qualified applicants, on the ground that they are qualified whistleblowers or when a retaliatory act is committed against them in the workplace.

The bill further seeks to encourage witnesses to divulge the erring practices of public officials and employees by providing them additional monetary reward equivalent to at least ten percent of the amount which may be recovered as a result of their disclosure or the amount of One Million Pesos, whichever is lower.

“Many potential whistleblowers are discouraged from surfacing due to the risks it involves, including the security threat it entails, which sometimes completely destroy their future and prevent them from having a normal life. It is my hope that through this measure we can address the needs and promote the welfare of our whistleblowers, in exchange of the information relevant to our campaign in promoting good governance in the country,” Trillanes said.

The Junjun Binay libel case vs Trillanes

Former Makati Mayor Junjun Binay: "Allegations besmirched my good name."

Former Makati Mayor Junjun Binay: “Allegations besmirched my good name.”

Sen. Antonio Trillanes IV. He said he will continue exposing the truth about the Binays.

Sen. Antonio Trillanes IV. He said he will continue exposing the truth about the Binays.

Telling the truth does not make one immune from libel suits.

Last Monday, Judge Dina Pestano Teves of the Makati Regional Trial Court 142, released the warrant of arrest for Sen. Antonio Trillanes IV after finding probable cause in the suit filed by former Makati Mayor Jejomar Erwin “Junjun” Binay Jr.

Trillanes, who is running for vice president as an independent candidate in the coming May election, is in Washington D.C. for the National Prayer Breakfast, an annual event hosted by members of the United States Congress and organized by a Christian Fellowship Foundation attended by some 3,500 guests from all over the world. The U.S. president usually attends the event held every first Thursday of February.

But the senator sent his reaction to the news about the warrant of arrest for him. “If the Binay family believes that I can be intimidated and threatened from exposing them, they are badly mistaken. I will do everything I can to make sure that plunderers will not rule this country again”, he said.

His lawyer, Rey Robles, said they have not yet received the official copy of the investigating prosecutor’s Resolution. But he assured the public that the moment the senator arrives “he will voluntarily submit himself to the jurisdiction of the Honorable Court, if so required.”

Robles added: “This is without prejudice to the Senator’s right to file a motion for reconsideration or even appeal said resolution to the Department of Justice, if warranted by the circumstances.”

Having survived seven years of detention for standing up to the most powerful person of the land, a libel suit is not something that would make the crusading senator cower in fear.

The libel suit stemmed from media interviews after he filed a Senate resolution in April last year to investigate the alleged “Justice for sale” practice in the Court of Appeals and other branches of the judiciary following the March 16, 2015 temporary restraining order issued by the C.A. on the suspension by the Ombudsman of Junjun Binay in connection with the investigation of the alleged overpriced construction of the Makati Parking Building.

Trillanes, citing “reliable sources privy to the matter”, said, “a lawyer by the name of Pancho Villaraza facilitated the transaction and talked to Associate Justices Reyes and Acosta and each of them received twenty million pesos for the TRO they issued. When the Ombudsman, DILG, and DOJ did not recognize the TRO, a second transaction was allegedly consummated with Associate Justices Reyes and Acosta allegedly receiving an additional five million pesos each upon the issuance of a writ of permanent injunction. This was purportedly the reason why the concerned CA division issued the writ of preliminary injunction with undue and inordinate haste long before its TRO is supposed to elapse.”
The CA associate justices Trillanes referred to were Jose Reyes Jr. and Francisco Acosta. Pancho Villaraza is the well known lawyer Arthur Villaraza, who is reportedly supporting the presidential bid of Vice President Jejomar Binay.

In filing the libel suit against Trillanes, Junjun Binay said “The damaging and ruinous claims spewed out by respondent Trillanes are mere concoctions and fabrications with no other purpose than to malign, discredit, ruin my reputation, and besmirch my good name as well as that of my family.”

Trillanes is also facing a contempt case before the CA.

Trillanes invoked parliamentary immunity and freedom of speech as the case of the TRO was connected with the investigation of the overpriced Makati Parking Building which had led to other alleged irregularities in Makati and exposed the wealth of the Binays including the sprawling Hacienda in Batangas.

TROs for sale is an open secret in the legal community. It’s something that everybody seems helpless about and has come to accept. But truthfulness is not a defense in libel.

The elements of libel are publication, sharing with others; identifiability; imputation of vice, defect or crime; malice (ill-motive). It carries a minimum punishment of six months and maximum punishment is six years and a fine.

Actually the issuance of that TRO was a brief victory for Junjun Binay because last October, in an administrative case, the Ombudsman ordered his dismissal and perpetual disqualification from holding a public office.

The Binays have also included Trillanes in a P200 million damage suit they filed against their detractors including Ombudsman Conchita Carpio Morales, Bangko Sentral ng Pilipinas Governor Amando Tetangco Jr., the Philippine Daily Inquirer, the Anti-Money Laundering Council.

Things are still unfolding.

Ball is now with the people after Senate ends Binay probe

Senators Koko Pimentel, Antonio Trillanes IV, Alan Cayetano at the final hearing, Senate Blue Ribbon subcommittee on Makati anomalies. Photo from DZRH.

Senators Koko Pimentel, Antonio Trillanes IV, Alan Cayetano at the final hearing, Senate Blue Ribbon subcommittee on Makati anomalies. Photo from DZRH.

Now that the Senate Blue Ribbon subcommittee has wrapped up its hearings on the alleged anomalies in Makati under the watch of the Binays, the ball is now with the Ombudsman and the Filipino people.

In his opening statement at the beginning of the 25th and last hearing of the Senate Blue Ribbon subcommittee Tuesday, Senator Aquilino “Koko” Pimentel III as chair, assured the public that “the legislative ideas based on the evidence we have gathered as well as our findings on the two resolutions shall be forthcoming. Just to remind everyone, the subcommittee’s proceedings were undertaken in aid of legislation.”

This is to debunk criticisms of the year-long investigation as primarily a vehicle to destroy Vice President Jojo Binay, who is a presidential candidate in the 2016 elections.

The Senate investigation was triggered by two resolutions filed by Sen. Antonio Trillanes IV in August 2014. The probe started with the alleged P1.6 Billion overpricing of the 11-Storey New Makati City Hall II Parking Building.

Like Pandora’s Box, the investigation on the parking building led to more alleged anomalies and discovery of the mindboggling wealth of the Binays including a sprawling hacienda in Batangas.

The investigations expanded to include alleged overpricing the 22-Storey Makati City Hall Building, irregular transactions entered into by the Home Development Mutual Fund/PAG-IBIG Fund and the Boy Scouts of the Philippines under the leadership of Binay.

It uncovered alleged irregularities in the University of Makati Nursing Building; Makati Science High School Building; supplies for Ospital ng Makati; and University of Makati – STI Joint Venture Agreement.

Vice President Jojo Binay campaigning in Antipolo City.

Vice President Jojo Binay campaigning in Antipolo City.

Other irregularities that surfaced during the investigation included ghost employees; the award of government land to an unqualified private corporation; Meriras Realty and Development Corporation property in COMEMBO, Makati; Makati City Senior Citizens’ Benefits; Makati City Sister cities; Makati Friendship Suites; and Makati Homeville.

Graft and plunder cases have been filed against Binay, his son Junjun, who was then the Makati mayor, and his associates Gerardo Limlingan, Eduviges “Ebeng” Baloloy and others. The whereabouts of Limlingan and Baloloy have been a mystery since the report of the alleged anomalies in Makati broke out.

Ombudsman Conchita Carpio-Morales said earlier that the information gathered by the Senate has helped a lot in their building of the case against the Binays.

Junjun Binay has been dismissed as mayor and is perpetually barred from holding public office. The Anti-Money Laundering Council has frozen identified accounts of Binay and his associates.

Once the Ombudsman has established probable cause on the charges against Binay and his associates, the information will be filed with the Sandiganbayan. Warrants of arrest would be issued.

Legal observers said based on what have so far been reported, the vice president would be charged with graft which is bailable. He can continue with his campaign for the presidency. Junjun Binay, Limlingan and Baloloy would be included in the plunder cases, which are unbailable.

Limlingan and Baloloy have succeeded evading summons from the Senate but once warrants of arrest for them are out, the Interpol would be mobilized to find them.

In the recent survey of the Social Weather Stations, it was shown that Binay has recovered from his decline in popularity ratings during the Senate investigation last year and has taken again the lead among presidential candidates in the May 2016 elections.
Pimentel said if Binay wins the presidency, he would be immune from suits. Any charges of graft or plunder would have to wait after his term.

The Senate has done its job. It’s now up to the people.

Lina: slammed and reversed

Customs Commissioner Alberto Lina

Customs Commissioner Alberto Lina

They are well- deserved beatings that Customs Commissioner Alberto Lina is getting this week.

After being slammed by the OFW community (that means the estimated 2.3 million overseas Filipino workers plus their relatives at the average of six per OFW) for his order to impose tighter inspection of balikbayan boxes, a regional trial court Monday ordered him to stop his highly questionable act of cancelling the P650 million contract to modernize Customs operation that benefitted his company.

The day after President Aquino stopped Lina’s order for stricter control of balikbayan boxes, the Manila Regional Trial Court (RTC) Branch 47 released the order of Judge Paulino Gallegos for Lina also stopping his cancellation of the BOC contract with Omni Prime-Intrasoft JV.

The Court ordered Lina to proceed with the signing and not initiate any other procurement, sourcing, or negotiation to replace or upgrade the present customs systems that is the subject matter of the bid.

The case of OMI-Intrasoft JV and Lina’s E-Konek is related to the Philippine commitment as a member of the Association of Southeast Asian Nations or ASEAN which promotes free movement of people and goods among the 10-member countries.

Known as ASEAN Single Window (ASW), it is crucial to the free circulation of goods in the envisioned single market, single production base integrated economic community. It establishes a central database system that tracks in real time all customs procedures nationwide. It aims to be a fully electronic, paperless and human contact-free system of recording and monitoring customs transactions.

The integrated system is also seen as the long-sought after solution to rampant smuggling in the Philippines.
The deadline for implementing the upgrade is on December 2015.

The BOC had been working on the ASW for a long time. After a seven months of going through the process of bidding, the joint venture of Omniprime Marketing Incorporated and Intrasoft International was declared winner last April 13.

It is worthy to mention that E-Konek Pilipinas where Lina has 96.48 percent stake, participated in the bidding but lost.

Ten days later, on April 23, the contract was finalized and it was scheduled to be signed by the end of the same month.

However, on April 24, Commissioner John Sevilla resigned and Lina was immediately appointed.

Two weeks after he took over from Sevilla, Lina cancelled the BOC- OMI-Intrasoft JV contract telling the Department of Budget and Management that he needed to review all the projects in the pipeline entered by the Commissioner before he assumed office and also said that the project was not needed anymore.

With the cancellation of the BOC- OMI-Intrasoft JV, customs operations had to return to its previous system wherein the biggest of the three service providers is Lina’s E-Konek Pilipinas.

The service providers collect P50 for every Customs transaction. It is estimated that annual transaction in the BOC reaches an average of 4 million. With the modernization of customs operation, Lina’s E-Konek stands to lose its P200 million a year business.

Questions were raised when Lina was appointed as successor to Sevilla, whose resignation fueled speculations of the Liberal Party’s election-fund raising.

Conflict of interest was one issue against Lina,whose business is customs brokerage.

Aquino’s mantra of “Tuwid na Daan” didn’t apply to Lina.

It’s actually Lina’s second stint at the Bureau of Customs having held that position during the Arroyo administration. He is close to Finance Secretary Cesar Purisima and was one of the so-called Hyatt 10- ranking officials of the Arroyo administration who resigned in the wake of the Hello Garci scandal.

Roque has also filed graft and plunder charges against Lina and his associates at BOC with the Office of the Ombudsman.

Ombudsman calls Binay’s P200 M suit ‘a sham’

Ombudsman Conchita Carpio-Morales

Ombudsman Conchita Carpio-Morales

Ombudsman Conchita Carpio Morales didn’t mince words in asking the Makati Regional Trial Court to dismiss the suit filed by Vice President Jejomar Binay against her and 12 other persons including senators Antonio Trillanes IV and Alan Peter Cayetano and the Philippine Daily Inquirer.

“Considering that the Complaint appears to be patently bereft of the merit, the only inescapable conclusion is that plaintiff Binay’s suit is a sham,” she said.

Morales reply also dismissed Binay’s complaint as “an obvious publicity stunt calculated to harass and intimidate” her knowing that she will be the final approving authority in the event that the recommendation of the 2nd Special Panel handling the preliminary investigations is adverse to him.

Binay asked for P200 million for damages from the respondents who also include Caloocan Rep. Edgar Erice, former Makati Vice-Mayor Ernesto Mercado, former Makati official Mario Hechanova, former Makati barangay official Renato Bondal, Nicolas Enciso, Bangko Sentral ng Pilipinas Governor Amando Tetangco Jr, Insurance Commissioner Emmanuel Dooc, Securities and Exchange Commission chief Teresita J. Herbosa, and Julia Abad of the Anti-Money Laundering Council.

Vice President Jejomar Binay

Vice President Jejomar Binay

Binay said Morales and the other respondents issued statements damaging and prejudicial against him.

Binay has been the subject of a Senate investigation on the allegedly overpriced Makati City Hall parking building which has expanded into other issues like his sprawling hacienda in Batangas and led to the freezing of his bank accounts by the Anti- Money Laundering Council.

He faces plunder charges which are being investigated by the Ombudsman.

His son, Makati Mayor Jun-jun Binay, has also been implicated in the investigation on anomalous transactions in Makati. The younger Binay has been suspended by the Ombudsman.

On the defense of Binay that he is immune from suit because he, as vice president, can only be removed by impeachment just like the President, Morales said his being “an impeachable officer does not ipso facto free him from being the subject of investigations.”

“It bears emphasis that he is being investigated for criminal acts allegedly committed when he was City Mayor,” she said.

Morales said even impeachable officers are within the jurisdiction of the Office of the Ombudsman.

Morales said the Constitution underscores that “public office is a public trust. No official, from the lowest to the highest, is exempt from accountability when it gave the Office of the Ombudsman the power to investigate any serious misconduct in office allegedly committed by officials removable by impeachment, for the purpose of filing a verified complaint for impeachment (R.A 6770).

“What the 1987 Constitution contemplates respecting impeachable officers is that during their tenure or term of office, they cannot be subject of criminal offenses filed with the court, which carry the penalty of removal from office or any penalty, the service of which amounts to removal from office,” the Ombudsman said.

Morales stressed: “The Office of the Ombudsman is not a court. It cannot thus impose any penalty amounting to removal from office in relation to pending criminal complaints. It may, however, after the termination of the preliminary investigations, recommend the indictment of the therein respondent if probable cause is established or, if warranted in cases involving impeachable officers, the filing of an impeachment complaint under Article XI, Section 2 of the 1987 Constitution; conversely lack or paucity of evidence presented at those investigations may lead to the dismissal of the criminal charges.”

The Vice President, Morales said, cannot challenge the conduct of an inquiry by the Office of the Ombudsman simply because he is an impeachable officer.