Former justice secretary denies lawyer's allegations

MANILA, Philippines - Former Justice Secretary Agnes Devanadera denied yesterday allegations of conspiring to control an economic zone and irregularities in handling the case of a British businesswoman raised in a plunder complaint filed by lawyer Bonifacio Alentajan before the Office of the Ombudsman last week.

Devanadera, who is running for the congressional seat in the first district of Quezon province, clarified that the case linking her to the Poro Point Management Corp. (PPMC) controversy referred to by Alentajan had already been resolved when the latter filed on March 7, 2007 a motion for her exclusion as respondent in the case.

Alentajan also made a similar motion on Jan. 19 last year asking the Ombudsman to dismiss the case against Devanadera.

The decision to exclude Devanadera was made by former Ilocos Sur governor Chavit Singson, Alentajan’s client.

Devanadera added that Singson withdrew his complaint against her after he found out that she (Devanadera) acted within the scope of her authority as government corporate counsel when she reviewed the contract pertaining to the management of PPMC.

“Atty. Alentajan, as a lawyer, cannot go against his own client (Singson). The Code of Professional Responsibility for lawyers states that a lawyer owes fidelity to the cause of his client and candor and fairness to the court. So, when Gov. Singson decided to drop charges against me, Atty. Alentajan has no legal basis to resurrect a losing cause,” she said.

As for the second allegation, Devanadera denied the claim of Alentajan that she had no authority to sign a resolution against his client, Alpha Kwok, when she was still the justice secretary.

She said that although she filed her certificate of candidacy in December 2009, the decision of the Supreme Court declaring appointed officials deemed resigned from their respective posts became final and executory only in March this year.

Devanadera said her orders against Kwok, who was charged with smuggling by the Presidential Anti-Smuggling Group (PASG), were issued at that time she was still legally recognized as the justice secretary.

“He should know the law, especially the non-retroactive effect of a final and executory decision of the Supreme Court,” she said.

In his complaint, Alentajan alleged there was conspiracy in the management of the Poro Point Special Economic and Freeport Zone in La Union through use of a dummy firm at a time when Devanadera was the government corporate counsel.

He said Devanadera, as government corporate counsel, “conspired” with the president, chief executive officer, chairman and director of the Bases Conversion and Development Authority (BCDA) to acquire “unwarranted financial benefits, as well as material possession, control and management of Poro Point Special Economic Zone and Freeport Zone.”

According to Alentajan, the alleged financial benefits from the “diabolical scheme” involved some P2.8 billion from Nov. 1, 1999 up to present.

Alentajan questioned an opinion issued by Devanadera in January 1999, allowing the BCDA to enter into a joint venture agreement involving P840 million.

He alleged this violated Executive Order 62, which allows government contracts by negotiation only if the amount involved is not more than P50 million.

He alleged that in April 1999, there was a “sham” presentation of proposals for the freeport zone “to circumvent” the requirement of public bidding.

He said no one among the bidders was deemed capable of developing the port, with the BCDA encouraging the proponents to form a consortium.

Alentajan said a company – Bulk Handlers Inc. (BHI) – became part of a joint venture called the Poro Point Industrial Corp. (PPIC). He alleged though that the PPIC “is solely funded and owned/controlled by BHI, whose paid-up capital at that time was only P250,000 and employed a staff of five.”

Alentajan accused Devanadera of arbitrarily issuing a hold departure order against Kwok and reversing an earlier ruling that cleared Kwok of Customs Code violations even if Devanadera was already deemed resigned when she filed her certificate of candidacy to run for congresswoman in the first district of Quezon province.

The PASG accused Kwok of allegedly violating the Tariff and Customs Code.

Department of Justice prosecutors dismissed the case in November 2009 for insufficiency of evidence, but Devanedera reversed the ruling last Feb. 1.