Palace urges vigilance in pork barrel cases

MANILA, Philippines - Now that criminal cases have been filed against some of those linked to the pork barrel scam, the public should remain vigilant to help make sure the guilty are punished and made to account for the billions of stolen taxpayers’ money.

Presidential Communications Operations Office Secretary Herminio Coloma Jr. made the appeal yesterday on behalf of President Aquino while stressing that it would be up to the Supreme Court (SC) to decide whether to allow the creation of special courts in the Sandiganbayan to try the accused, who include three senators and other officials.

“He (President Aquino) trusts that the citizens will keep faith in their government and maintain their vigilance in the quest for justice,” Coloma said.

He said the government, through the Department of Justice, had judiciously gathered evidence to justify the filing of plunder and graft cases against those linked to the scam.

He said the filing of the cases was in keeping with the President’s commitment to strengthen public institutions through good governance.

“We note the filing of the cases and the assignment by raffle of such cases to specific divisions of the Sandiganbayan. Those cases were filed based on evidence that were gathered and thoroughly investigated. The issuance of warrants of arrest against the accused shall be based on the rules of court,” Coloma said.

Coloma gave the assurance as the administration continued to parry accusations that it was singling out three opposition senators for prosecution.

Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr. are facing arrest for the non-bailable offense of plunder. The three senators and several others are being accused of skimming millions of pesos from their Priority Development Assistance Fund (PDAF) in connivance with businesswoman and suspected scam mastermind Janet Lim-Napoles. PDAF is the official term for the congressional pork barrel.

In his Independence Day message last Thursday, Coloma said President Aquino emphasized the importance of adhering to the rule of law, recalling the experience of his own family during martial law.

“He also reiterated ‘the importance of fighting for equality to break the cycle of vicious injustice’ and to ‘proffer justice not to a select few, but to the entire nation,’’’ Coloma said.

“Moreover, the Aquino administration advocates adherence to the constitutional guarantees in the bill of rights, such as the presumption of innocence and compliance with due process,” he added, when asked how important it was to convince the people to believe there was nothing political about the filing of cases against the three opposition senators.

He admitted that the prosecution of the cases – including the issuance of warrants of arrest – may take time, considering the large volume of documents that need to be scrutinized.

Let SC decide

He also said it is up to the SC to decide on a proposal by Ombudsman Conchita Carpio-Morales to have the pork barrel cases handled by special divisions in the Sandiganbayan.

“The creation of special divisions to handle the cases is within the ambit and authority of the Supreme Court and we respect its jurisdiction and decision on this matter,” Coloma said.

The Sandiganbayan had considered awaiting an SC decision on the matter before raffling off the cases, but the high tribunal directed the anti-graft court to proceed with the scheduled assigning of the cases on Friday.

“The raffle is without prejudice to any action the SC may take on the request,” SC spokesman Theodore Te said.

In making the proposal, Morales cited the “national magnitude of these cases, the complexities of the issues involved, the number of accused and the far-reaching consequences of these cases.”

The Palace also said it would be up to the anti-graft court to decide on the petition of Enrile to be allowed to post bail.

In his petition for bail, the 90-year-old Enrile cited his frail physical condition, which requires constant medical attention.

Surviving the ‘storm’

In Lingayen, Pangasinan, Sen. Aquilino Pimentel III said on Friday the Senate can survive the “storm” whipped up by the pork barrel controversy allegedly involving three of its members.

He said that while the controversy has left the Senate shuddering, the institution has quickly regained its bearing to fulfill its tasks with vigor.

“Even if we were affected in terms of numerical output, it’s like a normal, even better than normal, Senate,” Pimentel told reporters at the 10th Disaster Risk Reduction and Multi-Hazard Awareness Forum.

“Just like any other typhoon, this (controversy) shook the Senate as an institution and we were affected in our work,” he said.

The senator said the pork barrel anomaly is unlikely to resurface since PDAF had already been removed from the budget. The Supreme Court has also declared PDAF unconstitutional.

Pimentel also echoed Senate President Franklin Drilon’s pronouncement that despite the PDAF issue, the chamber was able to produce more laws, bills, concurrences and treaties compared to the past.

He decried the trading of barbs between senators as a result of the controversy but dismissed it “as part of our democratic setup.”

Pimentel also said he favors the suspension of his three colleagues but only if the Sandiganbayan sees merit in the information filed against them.

He also said the anti-graft court should ensure speedy trial of those linked to the pork scam.

He said that based on his observation as chairman of the Senate committee on justice, it takes the Sandiganbayan an average of six years to resolve a case.

“Now if it reaches 10 years, something is wrong, so speedy trial for all, not just for the three senators but for all,” he said.

If cases are promptly resolved, “the innocent can move on while the guilty can appeal their case to the Supreme Court to know once and for all if they are really guilty or not,” he said.

Don’t blame Abad

Meanwhile, an administration lawmaker said Budget Secretary Florencio Abad should not be blamed if some PDAF documents cannot be found.

“How can administration critics blame him when he was not budget secretary from 2007 to 2009, the coverage of the special PDAF audit of the Commission on Audit?” Rep. Elpidio Barzaga Jr. of Dasmariñas City in Cavite asked.

He said critics are calling for Abad’s resignation on the basis of an unfounded allegation.

“They are just betraying their real motive, which is to attack President Aquino and the people he trusts,” he said.

He said if documents are indeed missing, it is the previous administration that should be asked about them.

“In some cases, the public is aware that once there has been a change of power in the government, for anomalous transactions, documents are being destroyed to evade criminal prosecution,” he added.

Barzaga said that instead of being pilloried, Abad should be commended for introducing reforms in the Department of Budget and Management (DBM).

The department is now more transparent since it publishes all disbursements, including PDAF releases for previous years, on its website, he said.

“Anyone interested in getting information about the budget and disbursements can just access the website. The information is there for all to see,” he said.

He urged administration critics “to anchor their criticisms on solid facts instead of resorting to wild machinations.”

“As much as the administration welcomes constructive criticisms, we cannot accept figments of one’s imagination,” he said.

There are allegations that the COA failed to audit all PDAF releases between 2007 and 2009 because Abad did not furnish the audit body with all the necessary documents.

The critics alleged that the DBM focused only on Enrile, Estrada and Revilla, who are now facing plunder cases before the Sandiganbayan, along with their senior aides and Napoles. – With Jess Diaz, Eva Visperas