The JLN pork barrel scandal

Big news today:

Charges have been filed against three Senators - Enrile, Estrada and Revilla. The charges will be considered by the Ombudsman before further action is taken, but if the charges are upheld and arrest warrants are issued for "plunder" the offence is non-bailable.

http://www.rappler.com/nation/39038-estrada-enrile-revilla-plunder-charges

MANILA, Philippines – Half a year since it got leads on the alleged systematic misuse of lawmakers’ pork barrel through fake NGOs, the justice department is filing plunder charges on Monday, September 16, against senators with the biggest amount of illegally diverted funds.

As of posting, the National Bureau of Investigation (NBI) is showing to journalists the documents that will be filed with the Ombudsman this afternoon as evidence against senators Jose “Jinggoy” Estrada, Juan Ponce Enrile, and Ramon “Bong” Revilla Jr.

An NBI source told Rappler they gathered the strongest evidence in the scam against these 3 opposition senators. The case against them is "airtight."

Government investigators prioritized the filing of cases against these 3 who "completed cycle" of the scam – there is "documentary evidence [of their involvement] every step of the way," the source told Rappler.

READ: 'Revilla, Enrile, Estrada signed pork liquidation'

Janet Lim-Napoles, whose fake non-governmental organizations were used to launder misused funds, is included in this first batch of cases, an NBI source told Rappler.

READ: Bong, JPe, Jinggoy 'suki' to Napoles NGOs

The NBI, under the Department of Justice (DOJ), got hold of the case in early March, after lawyer Levi Baligod sought their help in an alleged kidnapping case.

The parents of Benhur Luy had gone to him to say their son was being held against his will by cousin and employer Janet Lim Napoles. The parents said it was possible Benhur was being detained because he already knew too much about Napoles’ operations.

On March 3, Baligod gave the NBI a rough list of senators and congressmen whose Priority Development Assistance Fund (PDAF) had been coursed through implementing agencies to Napoles’ fake non-governmental organizations. In exchange, the lawmakers got hefty kickbacks, while Napoles pocketed the rest of the funds.

http://www.rappler.com/nation/39004-drilon-arrest-warrant-suspend-senators

MANILA, Philippines – Senate President Franklin Drilon said a warrant of arrest will effectively suspend lawmakers charged in the pork barrel scam.

In past media briefings, Drilon said legislators cannot be suspended until they are convicted because the Constitution gives Congress the power to discipline its members.

Yet the Senate President changed his tune in an interview on ANC’s Headstart on Monday, September 16, hours before the Department of Justice (DOJ) is set to file the first set of cases before the Ombudsman over the multi-billion peso scam.

“In effect, there is a suspension [when a warrant is issued] because if it’s a non-bailable offense, the lawmaker is prevented from reporting for work. The classic example is [former President] Gloria Macapagal-Arroyo, who has been charged with a non-bailable offense: electoral sabotage. For all practical purposes, she is suspended because she is under physical detention.”

“That is the effect of a warrant of arrest in a non-bailable offense,” said Drilon.

Justice Secretary Leila de Lima has said that among the cases to be filed against the lawmakers is plunder. A non-bailable offense, plunder carries a penalty of life imprisonment and perpetual disqualification from public office.

Asked why he previously said only Congress can suspend lawmakers, Drilon said there are two schools of thought.

“Under the Constitution, it provides that Congress can discipline its members. The law also says that the Sandiganbayan can suspend any public official. This hasn’t happened yet in the Senate so we have to study that.”

Drilon said that once arrest warrants are issued, the lawmakers will be under the jurisdiction of the court and the Senate will not request to have custody over them. “We will leave it with the court.”

Sen Miriam Defensor Santiago has said that the lawmakers will be automatically suspended once the plunder case is filed in court.

Drilon again explained the following process for the filing of the case:

1. Once the case is filed before the Ombudsman, the Ombudsman will evaluate if the evidence is strong enough to require the respondent to respond. If it is not, the Ombudsman will order further investigation or fact-finding.

2. If the evidence is strong enough, the Ombudsman will order the respondents to file a counter-affidavit within 10 days.

3. After the submission of the counter-affidavit, the Ombudsman will evaluate if there is probable cause to charge the respondents before the Sandiganbayan and what evidence to use.

4. If there is probable cause, the Ombudsman will file the case and the Sandiganbayan will issue an arrest warrant upon its own evaluation of probable cause.

The DOJ will file the case against lawmakers who allegedly endorsed their Priority Development Assistance Fund (PDAF) or pork barrel to fake non-governmental organizations in exchange for hefty kickbacks.

A 2007-2009 special audit report of the Commission on Audit showed that allocations under the names of Senators Bong Revilla, Juan Ponce Enrile, and Jinggoy Estrada repeatedly went to bogus NGOs of Janet Napoles, the alleged brains of the scam.

READ: Bong, JPE, Jinggoy ‘suki’ to Napoles NGOs

Rappler reported that administration lawmakers were also linked to the scam.

There's lies, damned lies and very silly lies.

Ex-Senator Franciso Tatad, Minister of Information under Marcos, wrote in his newspaper column that President Aquino had a long private meeting with Janet Napoles.

He hadn't checked the President's schedule for the day in question, and is now looking rather silly:

http://newsinfo.inquirer.net/488923/palace-hits-back-at-tatad-weaver-of-tall-tales

We often discuss Filipino cuisine.

I am very partial to lechon baboy - my favourite part is the wing...

http://newsinfo.inquirer.net/490109...-staff-to-divert-his-pdaf-to-ngos-says-lawyer

But don't expect Immigration Officers to prevent them leaving the country - they won't. Although the names of 35 others involved in this case have been added to the BI Lookout List, the BI Officer-in-Charge Siegfred Mison explained that Enrile, Estrada and Revilla were not included in the lookout list out of courtesy towards members of a co-equal branch of government.

More here from SunStar and in this Manila Bulletin article.

It seems to me that the legislators who profited from this scam will get off scot-free.

Thanks for that very pertinent observation. The "culture of impunity" seems to be alive and well - which is what practically all Filipinos expect.

http://newsinfo.inquirer.net/490533...hlist-but-not-senators-enrile-revilla-estrada

http://www.sunstar.com.ph/manila/lo...s-immigration-lookout-bulletin-out-phl-304308

oops - Gigi Reyes, Senator Juan Ponce Enrile's long serving Chief of Staff, who resigned some months ago and who and left the country last month, is not a happy lady. And she certainly knows a very great deal.

http://www.abs-cbnnews.com/focus/09/21/13/nothing-can-be-worse-kind-betrayal

I don't follow Filipino politics but I do like Miriam Defensor Santiago after seeing some of her speeches on YouTube.

eg, here:

http://newsinfo.inquirer.net/492177...enters-not-legislators-santiago#ixzz2fXJXg7Mi

P3.89 B of PNoy's 'pork' allotted for Zambo rehab

"The P3.89 billion needed to rehabilitate Zamboanga City following the attack of Moro National Liberation Front (MNLF) rebels will come from President Aquino's lump sum funds that some sectors branded as the presidential pork barrel."

http://www.abs-cbnnews.com/nation/regions/09/20/13/p389-b-pnoys-pork-allotted-zambo-rehab

It sucks to be a Napolese, now even the tax-man is after them:

The Manila Bulletin has more ...

And yesterday Estrada exposed a Php50 million incentive for Senators to convict Corona:

More from the Manila Bulletin here ...

There's a hint in this story of the possibility that the prosecution of Napoles and those who benefited from the Pork Barrel Plunder may be derailed by legislators:

Nevertheless, things are looking a bit sticky for Enrile:

Finally - for today - the Commission on Audit, the agency central to this saga, came under fire yesterday - quite literally:

(All of the above appeared in this morning's Manila Bulletin and are quoted in full.)

I think that Filipinos watching this are more likely to be thinking, "How will the politicians get away with it?" than they are to be thinking "What will happen when they go to jail?"

The "culture of impunity" will operate.

Good column by Randy David in the Inquirer here:

http://opinion.inquirer.net/61979/calidad-humana

Good column by Neal H Cruz in today's Inquirer:

http://opinion.inquirer.net/62039/napoles-should-talk-now-to-ensure-her-safety#ixzz2g7BbNSbg

The whole system was ripe for corruption! If you allocate large amounts of money for elected representatives to use in their own constituencies, it is obvious that their priorities will be 1) getting re-elected and 2) giving themselves some advantage. The system was not exposed long ago because almost everyone was 'at it'. The system of checks, balances and audits failed completely and sadly will fail every time for cultural reasons. The charges against Janet Lim Napoles will never be brought to full conclusion precisely because of the large number of people whose names would be mentioned if she talks.

I predict that she will accept a light sentence, maybe even non-custodial, on a few specimen charges in exchange for her silence. There is no doubt that her life is in danger if anyone thinks that she will speak out.

This is always a potential problem in government systems which do not have a dedicated independent centralised civil service.

One gets that feeling, that it was quite normal to do so for the majority.

Sadly, I agree. The British bequeathed to their ex-colonies the tradition of an independent and professional centralised civil service - an idea that the British took from Imperial China - to the point where, I suggest, two of the finest examples in the world can be found in Singapore and in Hong Kong, and Malaysia, Kenya, India, and others can also lay claim to the tradition. The Americans don't have it, because of their federal structure, so they could not pass it on.

Alas I think your predictions are all too likely to prove correct. Napoles' best chance of staying alive, as Randy David said in the Inquirer, is to tell all, now. Her next best chance - and the one she is going for - is to say nothing and get off with a light sentence. Which will probably come to pass.

In a new twist to the Pork Barrel scam, Kilusang Magbubukid ng Pilipinas (KMP) which the Manila Bulletin describes as "a peasant group", has filed plunder charges against President Aquino, Budget Secretary Butch Abad, Department of Agriculture Secretary Proceso Alcala, and seven other government officials today (Wednesday) over their alleged involvement in the multi-billion Peso scam; the group has also filed a plunder case against Janet Napoles.

The full story is here but this extract will give you a flavour:

And in other related news, it has emerged that Senators who voted to remove the former Chief Justice, Renato Corona, from office each received an additional Php50 million as a "thank you". The money paid-out originated from a fund known as the Disbursement Acceleration Program (DAP) which Senator Santiago claims is illegal and a form of bribery. The Commission on Audit is looking into her claims.

As yesterday's SunStar says:

The KMP have "form" :

http://en.wikipedia.org/wiki/Mendiola_massacre

http://archive.is/IUepb

If they had said anything good about the Aquinos, that would have been news...

The Bulletin and the SunStar are anti-Aquino papers.