‘No collusion between DOJ, Impsa creditors’

Government lawyers have not colluded with the Argentine firm Industrias Metalurgicas Pescarmona Sociedad Anonima (Impsa) for the hasty issuance of a legal opinion, which sealed the controversial deal to repair the Caliraya-Botocan-Kalayaan (CBK) power plant in Southern Tagalog.

This was the finding of Justice Secretary Simeon Datumanong upon review of the legal papers.

"I have read the briefing of assistant chief counsel Rose Vicente of the legal department and I have not seen any possibility of a collusion," he told reporters in a luncheon he hosted for the media.

But he challenged anyone interested to show evidence that there had indeed been a move to hastily release the legal opinion.

Datumanong also agreed with his predecessor, Hernando Perez, that no sovereign guarantee was issued with the opinion as it was just a confirmation of assignment of rights from Impsa to its lenders.

"I didn’t see any. I never read any," he said in Filipino.

Justice Undersecretary Merceditas Gutierrez, who has been designated DOJ spokesman, told newsmen that it was unfair for government lawyers to be accused of conspiring with any private party as they are just doing their job.

"It’s a common procedure here that we coordinate with other offices," she said, pointing out that all the requirements must be checked first for compliance, especially on a contract involving foreign loans.

"It was an honest opinion. I can vouch for their integrity. In my 20 years here in the office, I have not heard of any anomaly in the legal department. They never even received money for anything. They are just doing their job," she added.

Gutierrez, herself a former assistant chief state counsel, said it is very unfortunate that these allegations have been published even if it had no basis at all.

"I don’t see any proof. It’s unfortunate, it’s so sad. I consider it unfair," she said.

A press statement from the DOJ legal staff echoed the same sentiment, saying they are "not fall guys" as some had insinuated, but are "dedicated public servants who act according to the dictates of reason."

They stated in their two-page statement, which was in defense of state counsel Cloro Flores, a low-profile but honest government lawyer, that they will "stand by what is true and best for the interest of the government."

"The matter was assigned to Flores, not because he was a special person but because he belongs to the team of legal staff lawyers handling such assignments," they reiterated.

They added that these lawyers, including Vicente, "have served many secretaries of justice and other high DOJ officials and we are confident that these people can vouch for their integrity and efficiency as public servants."

"We appeal to them not to drag the name and honor of innocent people who are sticking it out in government not for any selfish reason or self-aggrandizement, not for money, not for fame but for the service of the government and the Filipino people," they stressed.