Conflict of interest

At this time, there seems to be no clear path for the bidding of the P5.3 billion- Medium Lift Fixed Wing Aircraft Acquisition Project of the Department of National Defense (DND), as the only eligible bidder may soon be blacklisted and disqualified for the project due to the prohibition against conflict of interest among bidders.

As stated in the bid guidelines and as required by RA 9184, a bidder may be considered to have conflicting interests with another bidder when “a bidder has a relationship, directly or through third parties, that puts it in a position to have access to information about or influence on the bid of another bidder or influence the decisions of the procuring entity regarding the bidding process.”

It is being claimed that Spanish firm EADS/CASA-Airbus Military, which was declared the only eligible bidder for the supply to DND of three new aircraft, failed to disclose during the opening of bids held last Jan. 13, 2014 a conflict of interest with another bidder.

Only two bidders, Airbus Military and PT Dirgantara Indonesia (PDTI), were reported to have submitted their bids, but questions were raised on conflict of interest between the two bidders due to their existing business relationship.

Both bidders, however, denied the existence of the relationship upon questioning by the DND-Bids and Awards Committee during the evaluation of the bids.

The two bidders likewise failed to disclose the existence of any strategic partnerships in other aircraft and the C295 aircraft, which the Spanish firm intends to supply the DND.

According to the company websites of both bidders, Airbus Military and PT Dirgantara Indonesia (PDTI), both are strategic partners in the production of the CN 235 and CN295 aircraft, which the latter intends to supply DND.

Specifically, the Airbus  Military website states that, three decades ago, CASA joined with Nurtanio (the predecessor of PTDI) to launch a new aircraft – the CN235 and that at present PTDI as its strategic partner is the supplier of parts for the same. PTDI is currently (also) an important supplier to Airbus Military on the C212 and CN235 light/medium transport and surveillance aircraft.

The PTDI website confirms that it manufactures aircraft parts, components, tools and fixtures for Airbus Military including the C295. It also says that PTDI Aircraft Services provides maintenance, overhaul, repair, alteration and logistic support for its other aircrafts.

The Airbus Military’s C295 aircraft figured in a controversy in 2012 when the Czech military returned the aircraft because its navigational systems were found defective.

Mere hearsay

I’m sure that whoever is drumming up these issues against these senators allegedly involved in the pork barrel scam is not out to put them behind bars.

Clearly, the agenda is to put an end to their political careers, or at the least, to put them on hold until after the 2016 presidential election.

What is apparent from what we’ve heard so far from the Department of Justice, the whistle blowers, and their lawyer, is that most of the evidence is hearsay.

Take the case of the allegations against Senator Bong Revilla to support the case against him concerning the PDAF scam.

It was alleged in the complaint that Janet Lim-Napoles talked to Revilla to get funds from his PDAF and that the latter executed documents to facilitate Napoles’ request.

It is also being claimed that Revilla confirmed his signatures on these documents in the possession of the whistleblowers, the Commission on Audit (COA), and the DOJ.

Napoles allegedly provided kickbacks to Revilla which were coursed through and personally handed by the whistleblowers to lawyer Richard Cambe, who they identified as the senator’s chief of staff and chief political officer.

All these allegations were squarely addressed in by Revilla in his Jan. 20 privilege speech.

Revilla categorically denied having dealt with Napoles and the whistleblowers led by Benhur Luy, who himself has said that he has not met Revilla nor has he handed money to the senator.

Revilla’s usual signature also does not match with the signature that appears in the documents in the possession of the DOJ.

According to Revilla, the whistleblower (Luy) has admitted that he is an expert in forging signatures and that it is highly possible that they are the ones who forged the senator’s signature in the documents relating to the PDAF scam.

Obviously, the claim that Revilla never addressed in his privilege speech the allegations levelled against him is hogwash.

In his speech, Revilla stressed that everything he has, he worked hard for.

The senator also emphasized that Cambe never became his chief of staff or his chief political officer and that on the dates on the ledger pertaining to the time the kickbacks were handed to Revilla through Cambe, the latter was abroad as shown in his passport.

And there is this observation that Mar Roxas’ PR lady, Babes Suva, also handles the PR of Luy’s lawyer Levi Baligod and the whistleblowers. Suva reportedly took charge of the press conference of Baligod last January 21, which raised not a few eyebrows.

I cannot say for a fact that Revilla is innocent of the charges being levelled against him, but these questions are definitely enough to raise reasonable doubt as to his alleged guilt. After all, Revilla is still presumed innocent until proven guilty. And this means that the burden is on the part of the prosecutors to prove him guilty beyond reasonable doubt.

Just like everyone else, we want someone to pay for the PDAF scam. Sources say that it is just a matter of time before it is announced that Napoles will turn state witness and that it is just the amount of funds and property that she will surrender as part of a compromise agreement that is being decided upon. So if Napoles will not be prosecuted, then someone else will have to.

Those cooking up the deal better come up with something more concrete than mere hearsay.

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