Review the WPP

There was nothing new that came out from the testimony of outgoing Technology Resource Center (TRC) head Dennis Cunanan during the public hearing of the Senate Blue Ribbon Committee last Thursday. The latest state witness hardly gave any fresh information that the public does not already know on the alleged pork-barrel scam.

Cunanan appeared at the resumption of the public hearing of the Senate Blue Ribbon Committee that was looking into how businesswoman Janet Lim-Napoles used bogus non-government organizations to get as much as P10 billion in the Priority Development Assistance Fund (PDAF) of several senators and congressmen. This was after the Department of Justice (DOJ) granted Cunanan’s application to be provisionally covered by the govern- ment’s Witness Protection Program (WPP).

As the chief agency implementing the WPP, DOJ Secretary Leila de Lima tried to explain to the senators – in so many words – that they are just trying to exercise flexibility to cope with the requirements of the law.

While being interviewed for WPP coverage, De Lima cited, Cunanan had consistently denied pocketing kick- backs from the PDAF scam. But during the face-to-face meeting at the Senate hearing with Benhur Luy – the main whistle-blower in the pork barrel scam – Cu- nanan’s denials fell through. Still under oath since the Senate hearing on PDAF scam first started on August 29 last year, Luy debunked Cunanan’s claims that he had never met Napoles.

Consistent to his previous sworn affidavits, Luy narrated Cunanan went to see Napoles at her JLN Corp. office in Ortigas to receive supposed kickback contained in a brown bag. Luy pointed to Evelyn de Leon, also one of Napoles’ employees, who handed the bag to Cunanan. While he did not actually see Cunanan receive the money, Luy told the senators, he saw the TRC official leaving the office carrying the bag supposedly containing the P960,000 that he personally counted and gave to De Leon.

A day after Cunanan’s testimony at the Senate, De Lima could not hide her dismay over Cunanan’s per- sistent denial at the hearing. The DOJ chief, however, remains confident that Cunanan’s testimony would not weaken the government’s plunder cases filed against the three senators and several congressmen and other government officials implicated in the PDAF scam.

Actually, Cunanan would be the seventh, if ever, to be covered by the WPP in this PDAF scam cases. Luy and his four other fellow employees of Napoles were the first batch of whistleblowers in these PDAF cases.

Also under “provisional” status is Ruby Tuason, who once served as social secretary of former President Joseph Estrada. Tuason claimed she acted as the “conduit” of the PDAF “commissions” given to Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon “Bong” Revilla Jr.

The first batch of whistleblowers could be called as the bribe-givers because they were supposedly the ones who gave the alleged kickbacks to the lawmakers or their respective chiefs of staff from Napoles. The second batch of whistleblowers is the bribe-takers, Tuason and Cunanan.

As far as the WPP Law is concerned, one qualifies for immunity and other benefits if he or she is the least guilty.

When Tuason testified at the previous Senate hearing on the PDAF scam, she corroborated Luy’s testimony and even had to rely to the latter’s affidavits on the amounts of kickbacks and dates delivered allegedly to the senators or their chiefs of staff. In exchange for her immunity, Tuason also promised to return P40 million of alleged “kickbacks” she earned from the PDAF scam.

In Cunanan’s case, the first thing he told the Senate hearing was a request for legislative immunity for his testimony. If granted immunity, Cunanan’s testimony at that Senate hearing cannot be used against him in courts. He will also be protected from libel and perjury charges. He wants to have his cake and eat it, too.

Under Republic Act No. 6981, or “The Witness Pro- tection, Security and Benefit Act,” a witness granted legislative immunity can enjoy the benefits under the WPP law. Cunanan is facing two plunder complaints in relation to the pork barrel controversy. A third plunder complaint filed against him was reportedly dismissed.

Aside from allegations that he had received PDAF kickbacks, Cunanan’s checkered educational back- ground came under public scrutiny.

With her usual flair and bravado, Sen. Miriam Defensor-Santiago made Cunanan squirm in his seat while she was asking about his academic claims. From being a student activist at the University of the Philip- pines, Cunanan – Santiago succinctly declared – was kicked out for “overstaying” until he finally obtained a college diploma from the Lacson University in Pasay City. In a light vein, Santiago questioned if he got his college diploma from a university bearing his mother’s maiden name Lacson.

However, Cunanan found a way to fend off San- tiago’s closing in on him by making claims of having uncovered a “conspiracy” led by Enrile in the PDAF scam. Naturally, it struck the interest of Santiago against Enrile, her favorite nemesis. Cunanan then became a credible witness to Santiago.

The biggest revelation though at that Senate public hearing last week was not Cunanan but how neophyte Senator Grace Poe grilled to a toast the latest WPP applicant. The former chairperson of the Movie and Television Review and Classification Board (MTRCB) showed her much senior colleagues at the Senate how to conduct incisive inquisition without any theatrics.

Armed with her prepared questions, Poe skillfully unmasked Cunanan’s misplaced self-righteousness. While at the TRC, Poe pointed to Cunanan’s getting a government-paid one-month study grant in Harvard University in Massachusetts even as the state-owned corporation was heavily losing taxpayers’ money.

Poe showed how Cunanan is conveniently trying to save his own skin through the WPP. She rightfully raised the need to review WPP implementation and make sure crime does not pay. More importantly, if I may add, taxpayers’ money is not used to support those granted the benefits of the WPP without the state getting back first their loot.