NBI officials to challenge dismissal

MANILA, Philippines - A legal battle over the removal of National Bureau of Investigation (NBI) Deputy Directors Reynaldo Esmeralda and Ruel Lasala looms after they vowed to fight it out in court.

Esmeralda and Lasala protested yesterday the appointment of four new NBI deputy directors – Ricardo Pangan Jr., Antonio Pagatpat, Edward Villarta and Jose Doloiras – which effectively dismissed them from their posts.

“We will raise this before the Supreme Court,” Esmeralda told The STAR.

The two also denied allegations linking them to accused pork barrel scam mastermind Janet Lim Napoles.

They claimed that two other ranking NBI officials close to Justice Secretary Leila de Lima were the ones involved and they have evidence to prove it, including witnesses and CCTV footage of a meeting between the officials and Napoles.

Esmeralda said the appointment of their replacements was not valid because their posts as head of special investigation and of intelligence services were not vacant.

The two argued that they are both career officials and may not be relieved of their posts without just cause.

“We are career officers. We rose from the ranks. We are only presidential appointees because the authority to appoint is vested in the President,” Esmeralda  said.

Esmeralda started in the bureau in 1997 as a legal officer while Lasala has handled 12 units of the NBI.

Esmeralda admitted the development came to them as a big surprise since they believe they have been performing their jobs well.

“One of them admitted to meeting Napoles during our directorial meeting last year,” said Esmeralda.

He said one of the officials’ meetings with Napoles allegedly took place inside NBI headquarters while two were held at a five-star hotel and a restaurant.

Esmeralda said he is willing to testify before the Senate to divulge the information if asked.

Lingering integrity issues

Sought for reaction, an irate De Lima dared Esmeralda and Lasala to name names.  

She also defended yesterday the decision of President Aquino to remove the two senior NBI officials from their posts over what she described as “lingering integrity issues” that supposedly tarnished the “totality of their reputation.”

De Lima has revealed the President’s decision was upon her recommendation, saying she was morally convinced that most of the allegations she received against Esmeralda and Lasala had basis.

But she admitted there was no concrete evidence to prove the charges.

“I may not have the concrete or solid evidence to back it up, but I have reasons to conclude. I have my own ways to validate or verify reports or information or derogatory reports or information,” she told reporters in an ambush interview.

“Maybe the best way also is to ask around NBI, ask the rank and file and they know exactly the reputation of these two,” she said.

De Lima cited an information last year about some NBI officials allegedly tipping off Napoles about the arrest order issued against her by a Makati court. Napoles surrendered to President Aquino last August. 

“That’s just one of the reports, but there was no validation or concrete verification if it was true or not. There are others,” she recalled, refusing to specify.

The Department of Justice (DOJ) chief said she had called the attention of Esmeralda and Lasala about the insinuations against them. She remembered the two telling her the reports were just “intrigues concocted by those who envy them.”

De Lima also reiterated that Esmeralda and Lasala served at the pleasure of the President, being presidential appointees.

“As far as I know, they don’t have CESO (career executive service officer) eligibility, therefore they can be replaced anytime. The President is not even compelled to state any reason precisely because they serve at his pleasure,” she said.

Intrigues vs valid complaints

President Aquino on Thursday said he has fired and could fire his own people not only for allegations of corruption but for incompetence as well.

But he said he would first check and differentiate intrigues and rumors from valid complaints. 

“Will I fire them? There are times I’m very frustrated. I think you’ve noticed what I did or (what) I’m doing with the Bureau of Customs (BOC). I think you are aware that I was not happy with the performance of the National Irrigation Administration (NIA) chief and after he didn’t mend his ways, I didn’t want to risk the service that should be given to our people so I fired him,” Aquino said.

The President was referring to then NIA chief Antonio Nangel who was sacked last July for failing to meet targets.

“I think you are a witness that we have not just reshuffled BOC personnel, transferring from one desk to another. There was wholesale removal of people in key positions. We brought them back to the mother agency which is the Department of Finance. We’ve accepted a resignation of very senior individuals, then we peopled Customs with new faces in an effort to end the culture of impunity and corruption that exists within that agency,” he said.

Aquino added that they filed the necessary charges against various people before the Office of the Ombudsman when there was enough evidence. – With Delon Porcalla, Aurea Calica