By Raïssa Robles
It’s hard to believe that nobody blinked when a small non-government organization (NGO) with an initial capital outlay of P1,400 actually submitted routine reports to the Securities and Exchange Commission (SEC) on June 4 and July 26, 2012, saying it got nearly P140 MILLION (the exact figure is P139,549,900) in pork barrel funds from the following senators and congressmen:
Ex-Senate President Juan Ponce Enrile – P56.05 million
Senator Ramon “Bong” Revilla Jr.- P22 million
Senator Jinggoy Estrada – P35 million
Ex-Senator Loi Ejercito Estrada – P2.5 million
Congressman Prospero Pichay (Surigao del Sur) – P8 million
Ex-Congressman Constantino Jaraula (Cagayan de Oro) – P2,999,900
Ex-Congressman Jesnar Falcon (Surigao del Sur) – P5 million
Ex-Congressman Rodolfo Plaza (Agusan del Sur) – P3 million
Ex-Congressman Conrado Estrella III – P5 million
At that time the Peoples Organization for Progress and Development (POPDF) Foundation, Inc., did not tell the SEC how it was able to solicit such huge outlays from nine lawmakers.
All that the SEC did, in fact, was to penalize the NGO P9,812.50 for submitting late.
I can only surmise that the SEC was — and probably still is — too swamped with reports to note such huge fund inflows into a small NGO.
At any rate, five months ago, the NGO’s chairman/president, Merlina Suñas, went to the National Bureau of Investigation (NBI) and told a story that wasn’t in the SEC reports.
Suñas revealed her NGO was fake.
It was actually being used to launder pork barrel funds. She claimed the mastermind was none other than her employer at JLN Corporation – Janet Lim Napoles.
According to Suñas, Napoles created NGOs like POPDF to serve as conduits for pork barrel and other government funds.
Napoles and her lawyers have vehemently denied Napoles’ involvement. Napoles’ lawyer, Lorna Kapunan, issued a statement saying:
“There is no truth to the claim that Ms. Janet Lim Napoles was involved in the alleged diversion of the Priority Development Assistance Fund to supposed ghost foundations.”
I will tackle the link between the NGOs and Napoles in another story.
What I’d like to do now is deal with the official submissions of Suñas to the SEC last year – long before the pork barrel scandal stories broke in the media.
Then I will try to explain these submissions in the context of her revelations in the affidavit she submitted to the NBI in April this year.
Her affidavit, oddly, has never been published in mainstream media. I’m posting it at the end of this piece.
First, the significance of Suñas’ reports to the SEC
Since the pork barrel stories broke over a month ago, no senator admitted to, much less apologized for, giving money to an NGO linked to Napoles.
Instead, we have been given the following statements:
Senator Juan Ponce Enrile: “Alam mo, walang dahi-dahilan, kung may kasalanan kami e di parusahan (You know, there will be no excuses. If we have erred, then punish us….It’s OK. For me, [if] they can investigate it, better.”
Senator Jinggoy Estrada: “It is not up to the senators to determine whether an NGO is bogus or not. Alangan naman na kami pa ang magsasabi na, ‘Uy, bogus ‘yan.’ How will we know?”
Senator Bong Revilla: “Are they destroying my name because there were some who are pushing me in the 2016 [presidential elections]? Nonetheless, I am not surprised with this demolition job against me in the name of politics.”
This is why Suñas submissions to the SEC are significant. They were not submitted as part of an expose or as a complaint — they were routinary reports (sworn statements co-signed by POPDF treasurer Elizabeth Mendejar) submitted to comply with an SEC requirement dated June 22 2006.
That rule, Memorandum Circular No. 8, required all NGOs to annually disclose their “sources and amount of funds”, “application of funds” and the “accomplished/ongoing projects/programs” using these funds.
POPDF was formed in 2003. From 2006 to 2011, it had NEVER complied with the SEC memo. I can only presume it decided to be more forthcoming with its info when the Aquino administration took office in 2010.
POPDF finally submitted its required reports in June and July 2012. Despite this, Director Jose P. Aquino of the SEC Investor Protection and Surveillance Department still issued it a “warning” and slapped a fine of P9,812.50.
In an “order” dated November 20, 2012, Director Aquino wrote:
“The foundation is hereby advised to take appropriate measures to ensure faithful and timely compliance with the reportorial requirements of the Commission and the laws…[and] too avoid similar incidents with the WARNING that future transgressions will subject the foundation and its officers to more severe penalties and sanctions.”
Instead of telling you what Suñas’ SEC reports contain, I prefer that you read them and make your own conclusions.
I don’t know how true the contents of the reports are. But I sure would like to hear an explanation from the identified lawmakers.
Just an added bit of explanation, if you see the “USER NAME: roblesgirl2013”, that’s me. I realized only later on that the user name I chose would be printed on the copy as well by the SEC computer system.
The SEC submissions are in the form of sworn statements from Suñas and POPDF treasurer Elizabeth Mendejar covering the years 2006, 2007, 2008, 2010 and 2011. I did not include 2009 because she reported that there was “no transaction” that year.
POPDF did not file any annual reports for any year.
Here are certified true copies of Merlina Suñas’ SEC submissions:
For POPDF’s 2006 operations:
For POPDF’s 2007 operations:
For POPDF’s 2008 operations:
For POPDF’s 2011 operations:
The context of the SEC submissions
When Suñas submitted these reports to the SEC, no alarm bells rang. POPDF was merely fined by the SEC for not reporting on time.
You would think the SEC should be one of the first lines of defense in the fight against corruption when it comes to smelling out fishy businesses and organizations. But it’s not.
My point is: Suñas’ SEC submissions actually bolster what she said recently in her affidavit to the NBI, when she turned whistleblower.
It was only when I re-read her affidavit in the light of her SEC submissions that I clearly understood what she meant when she claimed “personal knowledge” of how Napoles’ JLN Corporation implemented government-funded projects. She said “one important aspect” of the scheme was the creation of foundations on orders of Napoles.
She said the foundations accepted the money from lawmakers’ pork barrel and then turned around and gave this to Napoles.
Suñas’ SEC submissions – made over a year ago – categorically show POPDF accepting the pork barrel from Senators Enrile, “Bong” Revilla Jr., Jinggoy Estrada, Ex-Senator Loi Ejercito Estrada and from ex-Congressmen Prospero Pichay, Constantino Jaraula, Jesnar Falcon, Rodolfo Plaza and Conrado Estrella III.
Where is Benhur Luy’s affidavit?
Her affidavit would seem to bolster what whistleblower Benhur Luy said in his own affidavit.
Interestingly, I cannot seem to get my hands on Benhur Luy’s affidavit. I’ve heard one major daily has a copy because, perhaps, of its close relations with the NBI.
Like Suñas, Benhur Luy was an incorporator and a member of the board of trustees of POPDF. He said he was illegally detained by his cousin Janet Lim Napoles on December 19, 2012. A judge apparently saw merit in his claim and recently issued warrants of arrest against Janet Lim Napoles and her brother Reynald Lim.
Napoles and her lawyers insist that Benhur Luy was never detained but had simply gone on a “spiritual retreat” lasting over three months of his own volition.
Suñas has a different take on Luy’s disappearance. In her affidavit, she graphically described the day Napoles got mad at Luy. Napoles accused him of pocketing some of the pork barrel funds, Suñas said.
Doesn’t THAT sound so familiar?
Doesn’t it remind you of the break-up between Chavit Singson and Charlie “Atong” Ang over the bingo two ball, which eventually dragged then President Joseph Estrada into the picture?
Napoles claims someone else is the mastermind of the scam. I wonder who she will name.
Meanwhile, here is Suñas’ take on the issue:
_____________________________________________
Related Story:
Janet Napoles’ alleged giant JLN Corporation paid less taxes than a public school teacher
ElkGroveLolo says
Diyan ba sa Pinas di puwedend i-RECALL ng mga botante ang mga walang kuwentang opisyales ay kayang tanggalin thru collection of voters’ signatures?
Uso ito sa USA: gives power back to the people!
DannyG says
MALIWANAG ang KAGUSTUHAN ng SAMBAYANANG PILIPINO – Abolish PDAF !!!! Prosecute at maipakulong ang nagkasalang mga Senators, Congressmen, Priest, COA auditors at Dept. of Budget officials sa nakakaduwal at nakakangalit na anomalyang ito. Remember …”BUTAS na mga boots”, bulok at obselete na mga kagamitan ng PAGASA, kakapusan sa gamit-pangsaklolo ( baha, lindol, landslide at sea mishaps) at kakarampot at hindi sapat na badyet para sa kalusugan at edukasyon.
Emma Nago says
One of the councilors in my town, Sta. Ignacia, Tarlac Nathaniel L Tan was being mentioned as one of the cross ownership of the Napoles. I am very much interested to know the truth. Do you think he is really involve with regards to this scandal?
http://www.rappler.com/newsbreak/36530-napoles-businesses-income
Others reacted so bad coz of these articles I took and posted it together with this topic and copied the part telling the scheme of Napoles businesses, their connections with the LGU, Dept of Agri, Dept of Agrarian Reform and other gov’t agencies. I also posted it in our group site and Nathaniel L Tan ignored my question but he commented like this mamatay kayo sa inggit, corporator daw ako ? Narinig niyo naman ang sinabi ni Benhur Luy na Nathaniel uy Tan yong kasama nila so malinis na hindi ako pero bakit sa rapplers. com ay naka indicate ang full name ni Nathaniel L Tan ( Sta. Ignacia, Tarlac) 3 companies so puedeng another person yon aside sa sa senior staff ni Benhur na inilantad niya sa session sa senate last Sept 13. Sana maka gather kayo din po kayo ng balita tungkol dito, thank you po..,
Neo Canjeca says
re #51.3
Mr. J Lin
if I may, and you know it that abolishing PDAF does not abolish the PORK BARREL
President may submit his budget WITHOUT THE PDAF and that automatically
kills it but easier said than done
The President may just cross out (VETO) what he does not like in
General Appropriations Act.
If P NOY bungle this PORK BARREL issue which is more than
80 thousand million pesos, everytime he speaks before anywhere
HE LOSES HIS CREDIBIITY AS A MODERN DAY REFORMER.
he becomes a pathetic president.
Neo Canjeca says
I APOLOGIZE FOR BEING PARANG SIRANG PLAKA but this item
refuses to come out in one piece in latest blog. so here is another try
FOR ALL WE KNOW Raissa’s Blog and her CPMers by their opinions may have sired if not acted as pre-natal midwives to the much awaited delivery in Luneta of the child called “Millions March.”
In a matter of several days not weeks CPMers’ comments seemed to have gelled to solidify the issues on Pork barrel. Light starts now to appear at the mouth of the tunnel. The suggestion on Noynoy’s use of his veto power on PDAF became obsolete instantly. He said he will abolish PDAF. What he meant really is that there will be no more PDAF every time he submits to Congress his draft of the Annual Budget.
What little I know is that the Executive handcrafts the budget while the legislative exercise carpentry to hammer in their vested interest. If branches’ selfish interests don’t coincides (seldom or never happens), the budget in changed forms goes back and forth to the two branches.
Ideally—and the Constitution may have ENSHRINED it—the HOR (pronounced whore) MAY increase amounts in the items submitted but SHALL NOT add any items whereas the Senate MAY decrease BUT NOT INCREASE any amount. The HOR and Senate, Appropriations and Finance Committees, alone or in bicameral MAY or SHALL abolish ANY ITEM it deemed illegal, irregular, excessive, extravagant or unnecessary or just meant NOTHING for them or the country. That’s the VETO power of Congress that matches the VETO power of the President against any law passed by Congress which he THINKS STINKS AND UNACCEPTABLE.
The above is history and government knowledge learned in high school in 1955 and may, had ALREADY been rendered OBSOLETE by greed, graft and corruption.
Elucidation OR ENLIGHTENMENT for contemporary times is requested from the legal minds of CPMers. Please.
Junglesleeve says
It is impossible if SEC does not have connection to this anomaly because it is the look out of SEC all NGOs and check if they fly by nights NGOs. implicate the SEC.
jorge bernas says
Napakalinaw nang nangyari sa PDAF/ Pork Barrel Fund kaya nagawang Nakawin nang mga Corrupt na legislators, fake NGOs.,dahil nagkasabwatan kasama mga heads nang different governmennt agencies saka nang implementing agencies? Mamatay na sana mga KAWATAN at CORRUPT nang hindi pamarisan dahil nakakahiyang isipin na pinalamon mga anak, apo, asawa etc. nang galing sa NAKAW???
Rene-Ipil says
It was said that PNoy really wanted to abolish the PDAF days before, but his close advisers particularly Abad, Drilon and Belmonte asked him to wait for further developments both in congress and the people’s pulse. So that when majority of the senators expressed their sense to abolish the PDAF yesterday and today, PNoy went into the jugular a few hours thereafter. Now PNoy is perceived by his allies in congress as one who put his neck on the chopping block for their sake. Besides, the legislative agenda of PNoy would not be in peril because these legislators can still pursue their projects under the “tuwid na daan”.
Let us all go to Luneta to show our indignation against the plunderers of government fund. GMA, former department secretaries, senators, congressmen, government officials. Let us also show that we will not tolerate any corruption under the present administration, including the legislative and judiciary.
Having instituted an important reform in the legislative by abolishing the PDAF, it is now imperative to start the judicial reform by “abolishing” the hoodlums in robe. Let us put pressure on the executive and legislative to make necessary steps toward the impeachment of the Arroyo eight justices and removal of Midas Marquez as the protector of corrupt judges. Hinog na hinog na ang mga justices at judges na iyan. Kailangang pitasin na.
jorge bernas says
@ Rene-Ipil,
Tama kayo Rene, Let us put pressure on the executive and legislative to make necessary steps toward those TUTA justices of the supreme court including Midas Marquez as the protector of corrupt judges. Dapat imbestigahan na rin mga tagong yaman nang mga TUTANG justices na ito saka mga bank accounts nila? AMLA at B.I.R. Magtrabaho na kayo dahan dahan bigla lang ba? HOR start the impeachment process? Now na?
Johnny Lin says
Comment awaiting moderation when comment is long
Neo Canjeca says
so I divided this comment into two:
What little I know is that the Executive handcrafts the budget while the legislative exercise carpentry to hammer in their vested interest. If branches’ selfish interests don’t coincides (seldom or never happens), the budget in changed forms goes back and forth to the two branches.
Ideally—and the Constitution may have ENSHRINED it—the HOR (pronounced whore) MAY increase amounts in the items submitted but SHALL NOT add any items whereas the Senate MAY decrease BUT NOT INCREASE any amount. The HOR and Senate, Appropriations and Finance Committees, alone or in bicameral MAY or SHALL abolish ANY ITEM it deemed illegal, irregular, excessive, extravagant or unnecessary or just meant NOTHING for them or the country. That’s the VETO power of Congress that matches the VETO power of the President against any law passed by Congress which he THINKS STINKS AND UNACCEPTABLE.
The above is history and government knowledge learned in high school in 1955 and may, had ALREADY been rendered OBSOLETE by greed, graft and corruption.
Elucidation OR ENLIGHTENMENT for contemporary times is requested from the legal minds of CPMers. Please.
Neo Canjeca says
here’s the first part that’s been refused several times
but still persisting:
FOR ALL WE KNOW Raissa’s Blog and her CPMers by their opinions may have sired if not acted as pre-natal midwives to the much awaited delivery in Luneta of the child called “Millions March.”
In a matter of several days not weeks CPMers’ comments seemed to have gelled to solidify the issues on Pork barrel. Light starts now to appear at the mouth of the tunnel. The suggestion on Noynoy’s use of his veto power on PDAF became obsolete instantly. He said he will abolish PDAF. What he meant really is that there will be no more PDAF every time he submits to Congress his draft of the Annual Budget.
Neo Canjeca says
this is the first part that’s missing
In a matter of several days not weeks CPMers’ comments seemed to have gelled to solidify the issues on Pork barrel. Light starts now to appear at the mouth of the tunnel. The suggestion on Noynoy’s use of his veto power on PDAF became obsolete instantly. He said he will abolish PDAF. What he meant really is that there will be no more PDAF every time he submits to Congress his draft of the Annual Budget.
Johnny Lin says
Sabi ni Dolphy: eh kung kandidato ako at manalo sa eleksyon, papano ngayon?
Sabi ni PNoy: abolish na PDAF, papano ngayon?
Kailangan ng Bayan anf programa para sa economia, kaunlaran ng daan, electrisidad, patubig at tulong para sa magsasaka, suporta sa mahirap, kalusugan pangkalahatan at iba pang magandang gawain ng gobyerno.
Ano ang ipapalit sa PDAF? Kahit ano pa ang ipapalit kung hindi ipasa ang panukalang FOI Bill, pareho din ang sistema ipapalit, ibang klase lamang ang pangungurakot ng mga nasa gobyerno. Sabi nga ng English, “same animal, different color of skin”.
Transparency of government transactions and FOI bill passage without restrictions must accompany abolition of PDAF. Otherwise, euphoria on PDAF abolition is short live.
Also, No to Lacson heading independent body to prove PDAF scam. He has lost his moral integrity and trustworthiness when he run away from the justice system.
alam ng mga pulitiko paano kilitiin ang taong bayan, pagbigyan ang hinihiling, nakakalimutan na ang lahat.
Kaya tanong kay PNoy: Ano pa ang susunod mong gagawin para mawala ang kurakot sa gobyerno?
Paano na ang Freedom of Information Bill?
Qiksee says
Yung Luis Abalos daw, si Benhur? Hindi yata; most likely para ke chairman yun, a.k.a. Luis Gonzales, dahil dun sa naunsyaming zte tongpats.
vander anievas says
tanong 1: kaya ba 3 days ang pinalipas bago inamin ni jr?
tanong 2: nag-usap ba muna ang mag-ama?
tanong 3: pwedeng hindi na sagutin?
Vibora says
Salamat PNoy…
http://newsinfo.inquirer.net/472911/time-to-abolish-pdaf-says-aquin
santiago katumbal says
The Napoles Story: So the entire Philippines will know
percy1007 says
Could be that Ms. Boncodin was instructed by her boss to render prompt attention to jln.
alizarin viridia says
OF COURSE, Talaga naman Ah!
“Way Kurat: The damage has been done
by Jon Carlos Rodriguez, ABS-CBNnews.com
Posted at 08/22/2013 8:33 PM | Updated as of 08/22/2013 8:33 PM
MANILA – Compostela Valley Vice Gov. Manuel “Way Kurat” Zamora expressed dismay over the clerical mistake in a Commission on Audit (COA) special report that showed he received P3 billion in pork barrel funds when he was a congressman in 2007.
“’Yung mga 1 million na tao na nadinig ang issue, ‘yun din ba ang mga taong makikinig sa sorry? Na-realize ko, it’s futile. Wala na eh, nasira na…Ngayon kahit saan ako pumunta, ang mga tao nakatingin sa akin,” he told dzMM on Thursday.”
moonie says
if looks could kill. nah, he was probably very good looking that people cannot stop looking at him. maybe he should stop wearing those tight bike shorts!
seriously, as politician, zamora can turn this event to his advantage, and promote himself. hoped he knows how.
Neo Canjeca says
With due respect Vice Gov Zamora, the damage to your person and honor is mere head lice compared to the elephant size damage done to your poor countrymen. The mistake (NOT ERROR) is only three thousand million pesos (tatlong libong million piso) WHILE total PDAF amount according to COA Report will make anyone vomit with blood. Imagine, No no one can really imagine for three years members of Congress SQUANDERED? Almost 80 billion pesos or 80 thousand million pesos (walumpong libong milyon piso) . At 5 million pesos per small primary school that 80 billion pesos can construct 16 thousand good size primary schools through out the country.
That 80 thousand million pesos can hire and pay 640, 000 teachers , repeat six hundred forty thousand teachers P10,000 per month for one year. Truly Vice Gov Zamora criminal damage has been inflicted to the country by Congress for only three years. The damage Sir to your person and honor due to a stupid mistake by DBM? is microscopic , s single water lily floating in 90 sq kms Laguna de Bay.
Neo Canjeca says
KAPIT SA PATALIM SA SENADO
“Calls to scrap ‘pork’
snowball in Senate
By Maila Ager, INQUIRER.net
Moves to scrap the graft-tainted Priority Development Assistance Fund (PDAF) are
gaining ground in the Senate ahead of Monday’s social media-initiated protest
demanding for its abolition”
– – – – – – –
What’s Happening? Scared Dick holes and shit holes just closed tight; fat balls just went
up to bridge aging prostates to hid in gall bladders: all because of a call for a million
March on August 26. Scratches might just replace the handwriting on the Lawmakers’ dirtied walls.
In one line: Unang nagangatog ang mga tuhod ng mga senadora at mga senador.
moonie says
they’ll abolish pdaf but will resurect it again under a different guise.
they should have asked for the abolition of pdaf under gloria arroyo’s regime when all kinds of scams were happening.
under PNoy’s regime, release of pdaf is well controlled and strictly monitored. the scam is not being perpetuated. even enrile changed his tract and veered away from napoles before the 10b scam surfaced. his intel must be very good.
people cannot seem to tell the difference between the regime of gloria arroyo and PNoy’s. there must be lots of beatniks around with nothing better to do. addicted to the gulo of confrontation and the high it provide, better than drugs.
vander anievas says
@moonie,
you got your observation right, “cannot seem to tell the difference between the regime of gloria arroyo and PNoy’s”.
kagagawan iyan ng intel na pakawala ng maliliit na “anito”
at nagiging troll dito sa blog ni RR.
sila ay pangalat mula sa Aparri hanggang Jolo.
kaya’t delikado ang halalan sa 2016. ang totoong ikinatatakot ko ay hindi ang ngayon at hanggang jun 2016.
pagkatapos ng term ni Pnoy.
yun ang totoong nakakatako at maaaring mas nakakatakot pa sa ilalim ng diktadura.