Acts of kindness to the fallen

Lawyer Edward Serapio, former presidential counsel during the Estrada administration, once told me when he was under detention in Camp Crame in connection with Estrada’s plunder case way back in 2001, that he was so grateful for the wife of then Philippine National Police head Leandro Mendoza serving him coffee when he surrendered early in the morning at the White House, the PNP chief’s residence.

Sen. Juan Ponce-Enrile surrenders. From Yahoo.ph

Sen. Juan Ponce-Enrile surrenders. From Yahoo.ph

One can imagine Serapio’s level of stress at that moment and he said Mrs. Mendoza’s act of kindness did a lot to calm him down. He said he’ll never forget it.

Yesterday, Sen. Juan Ponce- Enrile thanked the PNP for treating him kindly, allowing him to stay at the PNP General Hospital in Camp Crame upon his surrender last Friday and allowing him to have his check up at the Asian Eye Institute in Makati the next day.

At this time when the popular sentiment is to throw stones at all those accused in the plunder of people’s money (Enrile, Jinggoy Estrada, Bong Revilla et al), any act kindness to those who are down is the true essence of humanity.

It is not about the guilt of the accused. It is humaneness.

While we should be vigilant that justice is obtained in the pork barrel scam, we should also be conscious of the danger that in pursuing justice, we become hardened and lose our sense of humanity. That would be a tragedy.

The government is getting flak for giving the three senators and their co-accused a decent treatment.Never mind that it is not up to the lifestyle that the accused are accustomed to.With the whole room to each of them and an electric fan, that is luxury.

Those who have been a Philippine jail know the inhuman condition of prisons in the country.

A report by The Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (OPCAT) documents the “brutalizing” conditions in Philippine prisons and jail.

Part of the report says: “Extreme overcrowding is the most punishing aspect of doing time in jails maintained by the Bureau of Jail and Management Penology (BJMP), which is an agency of the Department of Interior and Local Government. In 2001, about 35,000 inmates were fighting for space in jails supervised by the bureau. Today, the number has jumped to 69,500.

“The jails in Metro Manila account for 22,000 inmates which is more prisoners than the official capacity they can accommodate. At the Manila City Jail and other prisons in the National Capital Region, inmates have to take turns sleeping on the floor.

“Based on government projections, the total jail population in BJMP-supervised jails could reach 89,000 in 2008, 101,250 in 2009 and 114,930 in 2010, way beyond the capacity of these holding facilities. These figures are only for the municipal and city jails which are under the care of the BJMP.

“Over congestion also brutalizes life in penitentiaries and in provincial jails. The projected populations of national prisons administered by the Bureau of Corrections, an agency of the Department of Justice and the jails maintained by the provincial governments must be as dreadful.

“Herding individuals in cramped spaces is cruel, inhuman, ill, degrading, and unjust punishment. Overcrowding is dangerous to health and to human life. It breeds diseases, breaks down discipline and exacerbates tensions. Having to fight for air and space 24 hours a day make prison, in the words of inmates, a living death.

“Add dirty tap water, dingy toilets, substandard meals, gang war, poorly trained guards and prison administrators, favoritism, and you have a system built for punishment, not for rehabilitation. This is not the enlightened approach to penology which is reform geared towards a subsequent productive life upon reentry to the community. It is a throwback to the 18th century that treated prisoners as animals unfit to renew themselves and rejoin society.”

Sen. Antonio Trillanes IV

Sen. Antonio Trillanes IV

While others may want to dump Enrile, Estrada, Revilla et al to one of those God-forsaken jails, Sen. Antonio Trillanes IV, who spent seven years in detention (three in that Camp Crame quarters where Revilla and Estrada are confined now) is pushing for the passage of Senate Bill No. 793 or the Jail Integration bill which proposes for an integrated prison and jail system that provides professionalism in the rehabilitation and treatment of prisoners.

“We are promoting a just and humane society and to treat detainees like dogs is not the way to go. We have to improve our detention facilities and construct new ones to make sure that these detainees will not lose their dignity while in jail,” Trillanes said.

The return of Gigi Reyes

This is going to be fascinating.

Will she stand by or turn against JPE?

Will she stand by or turn against JPE?

Atty. Gigi Reyes, former chief of staff of Sen. Juan Ponce-Enrile who is included among those accused of plunder in connection with the misuse of Priority Development Assistance Fund, came back last Saturday.

Reyes left last August when her name came up as one of those who were dealing directly with pork barrel operator Janet Napoles . She was reported to have gone to Macau, then to other countries.

In the resolution approved last April 1, the Ombudsman said they found probable cause for Enrile ,Reyes, Napoles, Ruby Tuason, Ronald John Lim, and Raymond de Asis to have committed plunder.

Plunder is punishable by lifetime imprisonment and forfeiture of ill-gotten wealth in favor of government.
The Ombudsman also found cause to indict Reyes together with Enrile and others for 15 counts of violation of Republic Act 3019 (Anti-Graft and Corrupt Practices Act).

Corrupt practices under R.A. 3019 is punishable by imprisonment of not less than six years and one month to 15 years, perpetual disqualification from public office and forfeiture in favor of government of ill-gotten wealth.
Reyes was quoted to have said upon her arrival, “I’m ready to face the charges. I’ve always faced it.”

Disclosure: In the course of my work as journalist, I have dealt with Reyes a number of times. She was the one who facilitated by interview with Enrile for a magazine in 2006.

On a personal matter, she had favorably acted on my request for help for a journalist friend whose husband was confined at the Philippine General Hospital. She facilitated the allotment of Enrile’s PDAF for the cost of the treatment of my friend’s husband at the PGH.

In January 2013, at the height of the controversy of Enrile’s selective giving of bonuses to senators (Enrile was then the Senate President), Reyes called me up to explain their side. The four who were not given the P1.6 million each bonus were Senators Antonio Trillanes IV, Alan Cayetano, Pia Cayetano, and Miriam Santiago.

My last talk with Reyes was during a birthday party of a common friend. She said that she wanted to resign as JPE’s chief of staff but the senator would not accept it.

The next thing I heard of her, she had left the country.

Now that she is back, everybody’s question is, “Will she turn state witness?”

Santiago, who considers Enrile a nemesis, urged Reyes to turn state witness. “She will be acquitted of a crime and at the same time clear her reputation, “she said adding that if JPE’s former chief of staff did that, “Enrile’s goose is cooked.”

While Reyes was away, she came out with an emotional statement bemoaning the media attacks on her. But, she said, “The worst blow has just been dealt upon me by no less than the camp of senator Juan Ponce Enrile- the man I served with full dedication, honesty and loyalty for 25 years.”

She said a certain Atty. Enrique dela Cruz has been telling people that she acted without the approval of Enrile on the PDAF transactions.

She said she could not believe it because “The last time I spoke to the Senator from abroad, he maintained that he will stand by the authority he issued to me and that all that I did was faithful and pursuant to his instructions. He even told me to be strong; that we will fight together to prove the accusations against us are false and fabricated.”

Reyes said she earned the ire of some people “by and large because and in defense of Senator Juan Ponce Enrile.”

“If indeed these statements are sanctioned by or coming from my former boss, then nothing can be worse than this kind of travesty and betrayal, “she said.

A number of people were skeptical about the “falling out” of Enrile and Reyes. It could all be a legal strategy, some say.

Abangan.

The return of Gigi Reyes

This is going to be fascinating.

Will she stand by or turn against JPE?

Will she stand by or turn against JPE?

Atty. Gigi Reyes, former chief of staff of Sen. Juan Ponce-Enrile who is included among those accused of plunder in connection with the misuse of Priority Development Assistance Fund, came back last Saturday.

Reyes left last August when her name came up as one of those who were dealing directly with pork barrel operator Janet Napoles . She was reported to have gone to Macau, then to other countries.

In the resolution approved last April 1, the Ombudsman said they found probable cause for Enrile ,Reyes, Napoles, Ruby Tuason, Ronald John Lim, and Raymond de Asis to have committed plunder.

Plunder is punishable by lifetime imprisonment and forfeiture of ill-gotten wealth in favor of government.
The Ombudsman also found cause to indict Reyes together with Enrile and others for 15 counts of violation of Republic Act 3019 (Anti-Graft and Corrupt Practices Act).

Corrupt practices under R.A. 3019 is punishable by imprisonment of not less than six years and one month to 15 years, perpetual disqualification from public office and forfeiture in favor of government of ill-gotten wealth.
Reyes was quoted to have said upon her arrival, “I’m ready to face the charges. I’ve always faced it.”

Disclosure: In the course of my work as journalist, I have dealt with Reyes a number of times. She was the one who facilitated by interview with Enrile for a magazine in 2006.

On a personal matter, she had favorably acted on my request for help for a journalist friend whose husband was confined at the Philippine General Hospital. She facilitated the allotment of Enrile’s PDAF for the cost of the treatment of my friend’s husband at the PGH.

In January 2013, at the height of the controversy of Enrile’s selective giving of bonuses to senators (Enrile was then the Senate President), Reyes called me up to explain their side. The four who were not given the P1.6 million each bonus were Senators Antonio Trillanes IV, Alan Cayetano, Pia Cayetano, and Miriam Santiago.

My last talk with Reyes was during a birthday party of a common friend. She said that she wanted to resign as JPE’s chief of staff but the senator would not accept it.

The next thing I heard of her, she had left the country.

Now that she is back, everybody’s question is, “Will she turn state witness?”

Santiago, who considers Enrile a nemesis, urged Reyes to turn state witness. “She will be acquitted of a crime and at the same time clear her reputation, “she said adding that if JPE’s former chief of staff did that, “Enrile’s goose is cooked.”

While Reyes was away, she came out with an emotional statement bemoaning the media attacks on her. But, she said, “The worst blow has just been dealt upon me by no less than the camp of senator Juan Ponce Enrile- the man I served with full dedication, honesty and loyalty for 25 years.”

She said a certain Atty. Enrique dela Cruz has been telling people that she acted without the approval of Enrile on the PDAF transactions.

She said she could not believe it because “The last time I spoke to the Senator from abroad, he maintained that he will stand by the authority he issued to me and that all that I did was faithful and pursuant to his instructions. He even told me to be strong; that we will fight together to prove the accusations against us are false and fabricated.”

Reyes said she earned the ire of some people “by and large because and in defense of Senator Juan Ponce Enrile.”

“If indeed these statements are sanctioned by or coming from my former boss, then nothing can be worse than this kind of travesty and betrayal, “she said.

A number of people were skeptical about the “falling out” of Enrile and Reyes. It could all be a legal strategy, some say.

Abangan.

Holy Week in prison for Enrile, Estrada, Revilla?

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.

NBI files plunder raps vs Enrile, Revilla, Estrada, Napoles

By VERA Files

THE National Bureau of Investigation filed on Monday afternoon plunder and malversation of public funds charges against Senators Ramon “Bong” Revilla Jr., Jinggoy Estrada and Juan Ponce Enrile, and businesswoman Janet Lim-Napoles before the Office of the Ombudsman in connection with the misuse of the Priority Development Assistance Fund, more commonly known as “pork barrel.”

Similar charges were filed against former Masbate Rep. and now Gov. Rizalina Lanete and former APEC party-list Rep. Edgar Valdez.

No fireworks seen with filing of raps vs. lawmakers

By DANA BATNAG, VERA Files

IT WILL be a much-anticipated media event, but the filing of complaints against senators and congressmen allegedly involved in the pork barrel scam is unlikely to result in fireworks or other earthshaking political upheavals.

That’s because filing a complaint with the Ombudsman is just the start of a long process—one that may take years—to make public officials accountable for their misdeeds

Click here (VERA Files) for the rest of the commentary.

The five public officials were found to have each accumulated more than P50 million, the threshold amount for plunder, through misappropriation, misuse and conversion of their PDAF allocations and acceptance of kickbacks from transactions made with Napoles and her NGOs for the PDAF-supported projects, Justice Secretary Leila de Lima told a press briefing.

Charged with similar or lesser offenses–malversation, direct bribery and/or other graft and corrupt practices–were 32 other people identified by whistleblowers, all former staff of Napoles who have personal knowledge and documents of the abuse of the PDAF.

Click here (VERA Files) for the rest of the story.