De Lima vows apolitical Binay probe

MANILA, Philippines - Justice Secretary Leila de Lima assured yesterday Vice President Jejomar Binay that the National Bureau of Investigation (NBI) would be apolitical in investigating the corruption allegations against him and his family.

However, United Nationalist Alliance (UNA) secretary-general JV Bautista said De Lima had already shown her bias when she described Binay’s principal accuser, former Makati vice mayor Ernesto Mercado, as a “credible whistle-blower.”

At Malacañang, deputy presidential spokesman Abigail Valte said the Department of Justice (DOJ)’s job is to ensure that laws are faithfully executed.

“So it’s difficult… I hear Secretary De Lima saying that if we’re going to do our job, we will be criticized; if we’re not going to do it, we will be accused of favoring a party,” she said. “So, as far as the DOJ is concerned, the secretary of justice is just doing her duty.”

Speaking to reporters, De Lima said the NBI has always been “careful” in investigating elected officials  as they have done on lawmakers involved in the pork barrel fund scam.

“We are not swayed by political considerations,” she said in Filipino. “We don’t even think about that.”

De Lima said investigating the allegations against Binay could not be avoided as the public deserves to know the truth.

“They (Binay’s camp) have been consistent in their line that this is all part of demolition job because of his political plans,” he said.

De Lima said she plans to meet next week with Mercado and other accusers of Binay.

They could be considered whistle-blowers who could give credible  statements, she added.

De Lima said she would check if Mercado and company could still give valuable and significant information that have not been revealed before the   Senate Blue Ribbon subcommittee.

“It’s hard to ignore whistle-blowers because more often than not their  statements are credible,” she said. “We will secure more information from them to help us in deciding whether or not to pursue the NBI investigation.” 

De Lima said a team of NBI agents will trace the whereabouts of Binay’s alleged finance officer Gerardo Limlingan, as well as Erlinda Chong, Marguerite Lichnock, Kimsfer Chong, Kim Tung Chong, Irene Chong, Imee Chong, Irish Chong, who are incorporators of Meriras Realty and Development Corp.

‘License to lie’

Bautista said De Lima has given Mercado “full license to lie and slander” Binay when she gave immunity to him through the government’s Witness Protection Program (WPP).

“A true professional appraisal of the ‘testimonies’ of Mercado will show that they are speculative, self-serving and coming from a polluted source – a witness who has an ax to grind against VP Binay.”

Bautista said he challenges De Lima to a debate on the merits of Mercado’s testimonies.

“So we can demonstrate how dead wrong she is by calling Mercado ‘credible’,” he said.

“Mercado is hallucinating and taking advantage of the attention accorded him by media to be part of the political circus; his statements were self-serving, and fail to present any proof to support his allegations against the Vice President.”

Bautista said how can one trust a whistle-blower uttering lots of inconsistencies and showing flaws in his statements, especially after he has  admitted personally receiving kickbacks from the Makati City Building 2 project.

“Mercado’s tactic is part of his effort to preempt the filing of charges against him by the local government unit,” he said.

“The political circus is gaining more participants with Secretary De Lima joining the team of Blue Ribbon subcommittee senators out to pre-judge the VP. This is going to be a long process but it will not prove anything.”

Bautista said the question to be answered is how Mercado was able to hire a helicopter to hover over the piggery farm when he is deeply in debt due to   gambling.

“Can you consider a whistle-blower credible with that shady background and questionable character?” he asked.

‘Property no longer Binay’s’

Binay’s legal counsel Martin Subido said yesterday his client no longer owns the property that Mercado had mentioned during the Senate subcommittee hearing on Wednesday.

“The Tagaytay property was sold in December 2012 to Constant Builders,” he said.

“The change in the title ownership is being processed by BIR (Bureau of Internal Revenue). The property is listed in his SALN,” or the  statement of assets, liabilities and net worth.

Subido said Binay’s 2011 SALN included a residential lot in Alfonso, Cavite, which he acquired through “Acknowledgment of Services and Deed of Cession.”

Bautista said this is another proof that Mercado is only fooling the public when he claimed Binay still owns the property.

He was referring to Mercado’s allegations that Binay owned a 350-hectare property in Rosario, Batangas.

Binay said he had leased the property from JCB Farms. 

“That is not new,” he said. “First, they complained before the ombudsman. It started from 100, then it became 200 (hectares). Maybe the witness lost in cockpit, that is why his count now is 350.

“The explanation was already there. We are not the owner of that property. There are only a few portions of it which we leased for the piggery.” 

Santiago warns Binay

Sen. Miriam Defensor-Santiago warned Binay that his refusal to appear before the Senate Blue Ribbon subcommittee will work against him.

The public has been monitoring the hearings, she added.

The former judge said the presumption of innocence no longer applies in Binay’s case now that witnesses against Binay have already presented their evidence.

Mercado’s testimony is “remarkable” as he had made an “admission against interest,” she added.

Santiago said legally that means Mercado knows what he is talking about because he was Binay’s alleged partner in those illegal transactions.

“Mercado himself can go to jail and suffer the maximum penalty for plunder,” he said.

“It’s entirely likely he will apply for status of state witness and he seems to appear to meet all the criteria for state witness.

 The case can’t proceed without him and he’s not the most guilty.

“The presumption of innocence clearly means that the burden of proof is on the prosecutor. In other words, Mercado as a witness for the prosecution.

But Mercado has already testified, the presumption of innocence has already been eclipsed by the testimony of Mercado, which I said is admissible because it is what the law calls admission against interest.” 

Binay must now present his counter-evidence to disprove the allegations of his detractors, she added.

Santiago said it would not look good for Binay’s defense since he has been ignoring calls for him to attend the hearings to dispute the allegations against him personally.

“Well, I’m afraid it will imply guilt,” she said.

“You don’t want to talk. You have been accused of grave crimes, in fact the worse crimes under our criminal law yet you don’t want to say a word and you’re saying, no, I will say my piece in some other places in some other time but not now, without even giving an acceptable excuse on why you cannot answer the evidence against you right now.

“If that is the attitude then the burden of evidence will never be carried forward, it will just stop there in time and Mercado will have the forum all to himself.

“If you are innocent why would you allow him to enjoy that advantage over you since only one side will be heard by the public?” 

Santiago said an innocent person   wrongfully accused would always immediately retaliate and air his side to prove his innocence.

“Why don’t you want to appear there?” she asked.

“What is his reason? Because the Constitution provides that persons who are called to testify in congressional hearings have rights which have to be respected by the legislators.”

Binay cannot keep on invoking that the proper forum to tackle the allegations against him is the Office of the Ombudsman, not the Senate because this would amount to forum shopping, she added.

Santiago believes the Senate’s power to hold the investigations would be upheld  if the Binays make good on their plan to bring their jurisdictional challenge against the Blue Ribbon subcommittee to the Supreme Court.

The SC has settled this issue several times in the past in favor of the Senate, she added.  – With Jose Rodel Clapano, Aurea Calica, Marvin Sy