Napoles husband behind spurious party-list group, SEC records show

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By Raïssa Robles

In 2007, a nobody named Benhur Luy contributed P200,000 to an unknown party-list group called A-Smile (Ang Samahan ng mga Mangangalakal Para sa Ikakaunlad ng Lokal na Ekonomiya Inc.).

Securities and Exchange Commission (SEC) documents show the party-list group was set up by Janet Lim Napoles’ husband Jaime Garcia Napoles. Had A-Smile won, it was likely that its major incorporator, Jaime, could have become a congressman.

At the very least, the party-list group would have received 70 million pesos in pork barrel yearly.

All these recently came to light after Luy, a Napoles minion-turned-whistleblower, publicly alleged that his boss Janet was laundering pork funds for senators and congressmen.

Yesterday, another piece of the intricate puzzle was added when Commission on Elections Chairman Sixto Brillantes disclosed that: Luy had partly funded the electoral campaign of the party list group A-Smile in the 2007 elections.

Brillantes did not say in what capacity Luy had made such a donation. Janet Napoles recently described Luy as her long-time “trusted aide” who had stolen money from her.

The name, A-Smile, rang a bell. So I looked up the data I had dug up at the SEC about the Napoles group of companies.

Sure enough, there it was.

ANG SAMAHAN NG MGA MANGANGALAKAL PARA SA IKAUUNLAD NG EKONOMIYA (SMILE) INC. was incorporated as a “cooperative union” on March 4, 2003 under SEC Registration No. CN200305292 by Janet Napoles’ husband Jaime and four others:

Ronald Francisco Lim

Ramon S. Fernandez

Eduardo Ma. R Santos

Mary Jacqueline B Yarcia

At the time of incorporation, A-Smile had 14 members (including the five incorporators). They each contributed P500 or a total of P7,000.

Benhur Luy was not a member.

But Janet Napoles’ brother Reynald L. Lim was a member-contributor along with 13 others:

Jaime Garcia Napoles

Ronald Francisco Lim

Ramon S. Fernandez

Eduardo Ma. R Santos

Mary Jacqueline B Yarcia

Mary G. Ancheta

Evelyn De Leon

Juan Eugenio L Roxas

Tom U. Tan

Antonio Caberto

Eric Apollo Redona

Ronald C. Bangalo

Eriel Forondo

A-Smile had simple aims best summed up this way. It was meant mainly to help its members get rich and win political office in order to “uplift the economic conditions of its members by assisting them in organization and establishment of various livelihood programs” and “develop and harness the people’s active participation in socio-economic and political activity toward community development through self-reliance.”

In its 2010 financial statement, A-Smile reported to the SEC a cash-on-hand of P886,978.80. It did not say where all that money came from – an astronomical jump from the initial capital of P7,000.

However, last year on April 18, 2012, A-Smile filed with the SEC an “affidavit of non-operation.” It didn’t say where its cash hoard went, either.

Incorporator Ronald Francisco Lim gave the following reasons for ceasing operations:

First, it was “undergoing reorganization.”

Second: “Based on the Omnibus Election Code, a party-list who (sic) loses in two (2) consecutive elections cannot conduct any business activity.”

This was despite the fact that A-Smile reportedly tried to rig the 2004 polls in its favor. That is, if the wiretapped conversations of former poll official Virgilio Garcillano are true.

There are two wiretapped conversations where Garcillano mentioned Napoles’ party-list group, “Smile”. Here is the first snippet where “Gary” – presumed to be Garcillano – talks to a woman named “Lyn.”

Conversation between Gary and Lyn on 03 18:30 June ’04.

Gary: Hello, ipa-alala mo kay Romy meron silang reward nyan pero wag maingay kahit na isang M ___ nya. Meron pa kasing is pa sana kung pupwede pero hindi ko lang alam meron silang ikwakwan, yung SMILE din ke kwan pa naman yan, sa kaibigan dyan sa tabi. Pero yung isa sigurado na yun, yung sinabi ko. Pagkatapos nung kwan, tatanungin ko pa yung isa.

Woman: Oho.

Gary: Pero unahin na nyan yung sinabi ko na. Sige, sige…

In the second snippet, “Gary” is asked by a certain “Ruben” for updates. Initially, they talk about the polls in Basilan province controlled by then Governor Wahab Akbar. Then very casually, “Gary” proposed as a last resort to kidnap the family of a certain whistleblower in order to stop the latter from talking. The man mentioned as Rufus Rodriguez is a sitting congressman.

Conversation between Gary and a certain Ruben on 07 20:38 June ’04

Ruben: Hello Garci, si Ruben. Anong balita?

Gary: Eto, nag-aano kasi ako. ‘yung sa Tipo-tipo na tao, parang nasa kamay na nila. Pero wala namang damage sa atin. Pero kay Wahab. Kaya dapat si Wahab ang gumalaw niyan.

Ruben: Pero, mag-tetestify sya against the administration eh. Against the President!

Gary: How can he? Wala naman siyang ginawa kay Presidente.

Ruben: Eh hindi, di ba ang gagamiting mag-tetestify siguro iyong against the President regarding the bawas-dagdag na ginawa dun sa ano….

Gary: Wala naman tayong ginawa para kay Presidente dun sa kanya ah.

Ruben: Hindi, ‘yun ang pinepresent di ba? Yan ‘yung pinepresent ni Rufus Rodriguez pati yung kay Ibron?

* * * *

Gary: Yung pinapakita ni Rufus, tingnan natin sa Provincial Canvass, kasi wala naman magagawa yan dun sa kanyang munisipyo. Bahala siya, kay nga ina-ano ko si ?Wahab, pina-aano ko kay Wahab ngayon, dapat si Presidente ma-kwan niya kay Wahab para si Wahab ang kumuha ng tao nay an kung hindi, ipakukuha ko ang pamilya niyan.

Ruben: Uh-hum.

Gary: Yun na ang last resort, pakukuha ko ang pamilya nyan.

Ruben: Yun na lang ang dapat gawin dun.

After that, “Ruben” asks “Gary” about the party-list polls and “Gary” mentions Jimmy Napoles’ group, “Smile”, which was then trailing in the counting of votes:

Ruben: Tanong ko lang pare, papaano ‘yung ano natin, sa party-list?

Gary: Hindi ko pa maa-ano kasi hanggang ngayon wala pang usapan ang mga tao tungkol diyan. Tatawagan kita bukas ng tanghali kung anuman.

Ruben: O sige.

Gary: Ano yun? Ano?

Ruben: Yung TUCP at saka ANAD.

Gary: Ay! Wag mo nang dagdagan, mahihirapan tayo niyan.

Ruben: Hindi mas maganda kung lahat ng magkakatabi na yan eh.

Gary: Hindi kasi nag-proclaim na kami. Ang alam ng mag Commissioner and the other people there, mahirap ng kumuha tayo, yung mga malapit, yung hindi na mahahalata kasi….

Ruben: Pero malapit yan ha kesa sa “SMILE”

Gary: Kaya nga bahala na pero ang kasi, pag sabay-sabay na. Sinong pagagawin mo nyan eh itong mga bata hindi na pepwedeng gumalaw eh. Titingnan ko bukas kung anuman.

Ruben: Sige, gaqan mo ko hah.

Gary: Oo.

The electoral defeat of A-Smile did not discourage the Napoles family from trying again. Quietly, it found another way to land a congressional seat this year through the winning OFW Family Club (OFWFC) party-list group of Congressman Roy Señeres. OFW Family Club attempted to sit Napoles’ daughter Jo Christine in the present Congress as its second nominee.

But then the pork barrel scam controversy erupted and forced OFW Family Club to withdraw her nomination.

Janet Napoles’ lawyer Lorna Kapunan was technically correct when she said Janet never aspired to be in politics. The family, however, wanted one of their own to become a lawmaker.

And, assuming Benhur Luy’s revelations are correct, that family member could then become the go-to-person for laundering pork barrel funds of congressional colleagues.