Exclusive
By Raïssa Robles
Jaime Napoles
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.
drill down says
http://newsinfo.inquirer.net/495777/santiago-enrile-bankrolled-mnlf-rebellion-to-divert-pork-controversy
according to miriam santiago…
jorge bernas says
Malinaw ang sinasabi nang BATAS tungkol sa (A.M.L.C.) na ang mga Banko ay obligadong ipaalam sa A.M.L.C. ang mga transaksyones kapag sobra sa kalahating million lalo na kapag kaduda duda at mabilisan ang Malaking Halagang Sangkot pero bakit walang nalaman ang (A.M.L.C.), Maliwanag na nagpabaya o sinadya nang taga Banko o nagkakutsabahan para maitago ang NAKAWAN??? At sana kapag nalaman na nagkamali ang taga Banko o may sabwatan ay dapat sa presinto na ito magpaliwanag? l mean dapat ikulong kaagad dahil sa kapabayaan nang opisyales nang Banko et. al. ay Billiones na Pera sa kaban nang Bayan ang Nawala at pumasok sa Bulsa nang mga MANDARAMBONG?
Kajames says
The Corona trial showed that expensive, top-of-the-lot lawyers do not result to “victory”. Overwhelming evidences, topped with equally good and dedicated lawyers, still make the day in court.
moonie says
ha,ha, sabi mga pro bono daw sila and defended corona out of the goodness of their hearts. they looked so confident, knew their subject matter very well, eager, very articulate and convincing pa. and with masses said almost everyday with priests praising corona to the high heavens, at one point, I thought corona would walk free. evidence was overwhelming though, and pointed against corona. and with televized coverage broadcasted around the nation, lawyers cannot play hokey-pokey, corona got convicted and lost his job.
vander anievas says
maraming paglilitis ang di pa nahahatulan.
natapos ang TJ saga nang bitin.
inaantay kong may makulong.
inaantay kong may mapakinabangan ang bansa sa mga kaganapang nagdaan.
ang panahon ngayon ay naiiba na. puno na ang salop.
nais na ng taong bayan ang katarungan.
dapat na maparusahan ang mga kasangkot sa mga kabalbalan.
panahon na para magdusa ang mga maysala.
napakahaba na ng ipinagtiis at ipinaghintay ng mga mamamayan.
Jonathan Camanse says
impeachment yun! iba yung nasa regular courts
Rene-Ipil says
Sabi ni Enrile: “hindi ko kaya na traidorin sinuman sa naging tauhan ko.”
“Eh, yung kahoy?”
Matagal nang patay pero tinraidor pa rin.
moonie says
kasi may uremia yan, leading to azotemia, urine in the blood caused by backflow, hindi kasi nakaihi, the condition natagal na at paulit-ulit. enrile is hard put to know the meaning of traitor. his own body betrayed him, give him something he did not want.
moonie says
he’s such a liar, enrile is. he drank so much water daw (alcohol more like!) exercised and sweated so much, he lost moisture/water through the skin at naging low on sodium (salt) daw siya, and so, got himself high blood pressure.
exercised hard? at his age and with brittle bones, he is good candidate for hip replacement. what exercise, when he can hardly walk let alone runs. and when he walks, he shuffles like a really old man, the strides shorter, his joints must be stiff. say boo! to him and he falls down, blown.
Kajames says
@Rene-Ipil: on 70 – nadale mo kaibigan, talagang sinungaling na matsing, sana naman iyong namayapa na ay huwag na niyang abusuhin pa ang pagkatao. Kaya lang naman kumampi sa taong-bayan iyan noong “impeachment” ni ex-fake CJ ay dahil kakandidato pala ang kanyang jr bilang senador. Ngayon alam na natin kung ano talaga pagkatao niya bilang isang pinoy.
jorge bernas says
@ Rene,
Ano kaya masasabi ni enrile sa ginawa nang kanyang abogado na binaliwala/hindi acknowledges ang ginawa ni gigi reyes at ang ginawa ni tanda enrile noong kay deposed president marcos sr. diba pagtraidor din tawag doon?
vander anievas says
@rene-ipil,
tapat siya sa tauhan.
ang tanong, ay sa bansa kaya?
vander anievas says
lifted from Ira Pedrasa@ ABSCBN.com on CJ Puno:
He said it is the duty of everyone to exert ethical influence.
“As a church, our duty is to exert a strong ethical influence upon the state. The Christian ethics is written all over our Constitution. The Preamble of our 1987 Constitution demands the establishment of a “regime of truth, justice, freedom, love, equality and peace,” he said.
“This is not surprising for our Constitution was written by Christians and approved by a Christian nation,” he added.
uprightbike says
But how about if the leading Church or Churches are themselves torn by “ethical” standards set by their doctrines and pastoral teachings?
Where then the people will get the norms and standards that will guide them to estalish a just and fair community?
I think more than the religious scriptures as basis, the rule of law doctrine has more sting for it will surely mete justice regardless of one’s religious conviction.
On the contrary, relying too much on religion makes the society less open, myopic and hypocritical.
As they say, if patriotism is patriotism is the last refuge of the scoundrel, religion could be the first.
Kamison says
correction –
The Philippines is predominantly Roman Catholic in its religious beliefs and traditions.
Its population’s main and popular religion is Roman Catholicism – a brand of christianity. Its founders are different.
Roman Catholicism is a mixture of paganism (ex. idol worships, rosary (prayer beads from Buddhist)) and christianity (Jesus The Christ [Savior, Messiah]).
Its official bible has the Apocrypha.
Like any democratic country, it has different religious groups, denominations and sects – as embedded in its Constitution to practice different forms of religious beliefs and practices (https://en.wikipedia.org/wiki/Religion_in_the_Philippines).
In practice, is the Philippines a Christian nation?
With all the corruption, reverse Robin Hood taking place every now and then, it must have a different christ.
john c. jacinto says
CJ Puno voted with the majority when SC upheld the constitutionality of the “pork barrel” in 1994. http://www.lawphil.net/judjuris/juri1994/aug1994/gr_113105_1994.html
leona says
@john c., …maybe back in 1994 Janet Napoles was not yet born; thus J. Puno had to vote for the pork barrel’s constitutionality.
…now, there is greater evil in the 1994 evil…
uprightbike says
I can’t exact remember the year. But it was in the early years of Ramos presidency. I was in the smoking area of one of the bigger newspapers in the country together with an editorial big shot and a PR consultant/ fixer masquerading as journalist. He was telling the big shot ” Boss, luma na yung raket na makikialam yung congressman sa project, ang bago ngayon ay through NGOs, diyan nila pinapadaan ang pera”. For info, congressmen of the old days usually have favored contractors where they get their kickbacks. No NGOS then but still they have projects. My point is that this NGO scam probably was hatched really by Napoles during the time of Ramos and perfected during the terms of subsequent presidents.So it must be more than P10 billion and you can imagine the money amassed by congressmen and senators who completed three terms. Gaganda ng bahay nila.
Rene-Ipil says
The pork barrel scam has two components. The “soft” and “hard”. The soft type refers to non-construction projects such as livelihood, training, health, etc. projects. Of course “hard” refers to construction projects.
While Napoles is the mastermind and “Queen of the Soft”, there is also the mastermind and “King of the Hard”. And it is said that the “King” is “quite young and is the richest man in Bicol. He has a very short family name, owns a construction company and, if I heard them correctly, is also in the hotel and resort business. Also he is supposed to have a good friend with the initials FG.”
My wife and I happened to stay in Misibis Bay Resorts last year for a few days, courtesy of my daughter and son-in-law. From the airport the resort entails 50 minutes of travel by land along a well paved road winding through mountains and hills and lined with electric posts generating solar energy in a sparsely populated island in Albay.
It is a five star resort. But I wondered how the owner must have wasted so much money in developing the resort. I calculated that it would take half a century to recoup its development expenses, if ever, as there were few customers at the time. Firstly, I thought that it needed billions of pesos to build the road of more than 30 kilometers and the resort itself. Secondly, I also thought that the resort was built for a grand VIP as a hideaway. Thirdly, I was told by an employee that GMA and FG visited the place.
As I browsed on the brochures and magazines about the resort and its owner, I thought that the said owner by the name Zaldy Co must have been sponsored by any of the first couple when the resort was built in 2008. For only them could move the DPWH to build such extravagant road infrastructure leading to the resort.
This confirms my belief that the “queen and king” and masterminds of pork barrel scams must have a GRANDMASTER in the person of GMA or FG. I have previously written that the pork barrel, whether PDAF, Malampaya Fund or Fertilizer Fund, cannot be touched without the approval of GMA.
vander anievas says
nice one. so revealing.
Kamison says
Here’s an article of late that best exemplifies where Pork funds are used for the benefit of private vested interests, enterprises, cronies – oligarchs.
jorge bernas says
@ Rene,
Tama po kayo Rene, Kaya nga noon kahit anong klasing imbestigasyon tungkol sa ANOMALYA ay biglang naglalaho, mayroon umaayos at walang nahuling Mandarambong at Magnanakaw sa kaban nang BAYAN at kahit ang ibang C.B.C.P. members noon ay tahimik yon pala ay nakikinabang?
Mel says
Is there a law(s), impediments or restrictions for former magistrates (Justices) to act as Special Counsels to the Ombudsman in lieu to the lack of lawyers to handle the high profile criminal complaints (ex. Plunder and Malversation of Public Funds) involving members of the Legislative Branch of gov’t, Dep’t Heads, Secretaries, public service and private individuals?
Such as former Chief Justices Reynato S. Puno and Artemio V. Panganiban to name a few. The lady Ombudsman is overwhelmed, not only of backlog cases (ques) in her turf, but there are a possibilities that oversights and mistakes may emanate due to lack of learned and experienced ‘human resources’ to assist and help her.
– CJ Puno: Pork scam could be the worst to hit gov’t
Mel says
– Artemio V. Panganiban
leona says
What is P.D.910 [ pres’l decree by Marcos] about? Ms.. Marites D. Vituge in her article says –
“Ironically, a martial law decree crafted in 1976, when Ferdinand Marcos was also the legislature, still guides the use of this Fund. The decree says that collections should be used for energy-related purposes. But the strongman added an open-ended clause that allowed the money to be spent for projects beyond the realm of energy.”
“This presidential decree (PD 910) is now the subject of a petition in the Supreme Court questioning its constitutionality. Oral arguments will be held on October 8, including on the petitions asking that the PDAF be declared unconstitutional.”
http://www.rappler.com/thought-leaders/39452-presidential-power-over-malampaya-billions
Ms. Vitug reports “The Court was referring to P130 billion (as of August) kept in a trust fund with the national treasury which is not reflected at all in the annual national budget.”
P130 Billions for August 2013!
P.D. 910 was before the 1987 Constitution. Should Congress have a say on this fund rather than the Executive Department?
By the fundamental law – 1987 Constitution, it may be in the hands of Congress and not the Executive.
Many administrations since Year 1976 up to now, this Malampaya Funds was expended acc to the Executive Dept. The SC is about to rule who has the authority and power over it.
Rappler.com ends this article saying –
“Will the Supreme Court take away presidential power over the Malampaya billions? This is one case worth watching.”
We know who ‘owns’ these Billions of pesos. But who, by law, has the authority and power to spend it? Congress? the Executive – the President? Or the People?
Mel says
Breakthrough.
Gigi, vent all that you know for your country’s sake.
Mel says
Excerpt –
Mel says
Gigi, play it smart.
Don’t blame your predicament on anyone else or cast aspersions against anybody (for example; Inquirer, Atty L. Baligod) other than yourself and your Senator Boss for the dilemma that you are reaping for yourself and, unfortunately, your family is struggling too.
You knew what you were getting into.
If you do care about your country and how it can move forward to cleanse itself of these corrupt behavior & culture, do your solemn duty as a Filipino – disclose without reservations the Modus Operandi.
To each his own.
leona says
She is a lawyer. An adult. I don’t know if she’s old enough to know.
If JPE turned his back on Marcos. She should know. Many got it from JPE. Why should she not know? She knew then but took a risky chance on it like a gambler at a Casino table.
She knows she cannot blame JPE. Blame herself. When the ship is sinking it’s each for one and not one for all.
The PDAF is a Ship of Fools…sinking in the middle of a foggy vast ocean!
Kim says
Nicely said, … each for it’s own and drag others even to drown with them …
jorge bernas says
@ Mel,
Enrile said he never betray any of his staff? pero ano naman tawag sa ginawa nang abogado nito kay atty.gigi reyes? Saka ano naman tawag sa ginawa nito kay marcos sr.noon??? Madaling makalimot ba talaga mga MATANDA? Nagtatanong lang po….
Mel says
Pumito o kumanta na rin sana sila. Pero siguradong nag consult na rin sila ng kani-kanilang abugado kung ‘pa-in’ (bogeymen) o lalaban sila. Sa TRIAL lalabas ang mga iyan, kung ibibintang pa rin sa kanila, kakanta na din sigurado ang mga empleyado.
Mel says
(take 3)
Gigi, play it smart.
Don’t blame your predicament on anyone else or cast aspersions against anybody (for example; Inquirer, Atty L. Baligod) but on yourself and your Senator Boss for the dilemma that you are reaping and, unfortunately, for your family is struggling too.
You knew what you were getting into.
If you do care about your country and how it can move forward to cleanse itself of these corrupt behavior & culture, do your solemn duty as a Filipino – disclose without reservations the Modus Operandi.
To each his own.
Cha says
I still don’t trust the lady. I think the Facebook post and corresponding publicity is really meant to send a message to Enrile to stick to their earlier agreement that the latter would back her up. She is only interested in saving herself just as her principal is after his own interest. They really deserve each other.
If Enrile goes the other way and completely reneges on his promise and she sqeals like the cornered pig that she is, then so be it. Let them both drive the stake to each other’s mouths that ultimately holds them right up the roasting pit. Pareho lang silang baboy.
leona says
@Mel and @Cha…both of you are right on track… the ice is breaking for all of them!
Finger-pointing na is the name of the game. What does this mean?
It could only mean that the ‘evidence’ is strong and overwhelming and thinking of a defense is futile if one does not finger-point to the others the blame.
Blame game! At the start it was denial…by deniers. Now, deniers plus blamers.
This will go in cycles…’round ‘n round we go…”I deny – You blame = You deny – I blame” Ali-bi’s….or ALI BABA & the generational thieves.
What’s next?
moonie says
silly gigi. why would tandang be steadfast and loyal to her? if tandang can betray his legally wedded wife christina after all the sacrifices she has done for him, he can betray gigi too. easy. gigi should know, she has worked for him for 25 years.
moonie says
napikon yata si gigi, na pressured. her heart is achy-breaky. she got flushed out by people she did not know, been hounding her, seeking her out, twisting her words, pointing accusing finger at her, been seen snooping near her home and wanting to have words with her, etc, etc. all because she left and did not issue statement or refute statements that portrayed her the top thief in enrile’s office, the one that for years has been receiving stacks and stacks of stolen money maybe behind enrile’s back. she has been identified by whistleblowers, the greedy madam might as well come forward and make statement. clear the air. she has to do it herself. enrile is not lifting a finger to help her. condemned her instead.
fight, girl, you cannot depend on prince valiant. he’s not there for you and has already turned his back.
Mel says
Artemio V. Panganiban (21st Supreme Court Chief Justice of the Philippines) wrote in his column yesterday, “Moving the pork mess to justice” on tidbits or glimpses on what to expect.
His wit, invaluable knowledge and experience exemplified in his recent article at his Inquirer Column yesterday provides us some Laws available, and maybe stratagems to convict the main perpetrators of the Pork mess.
Mel says
See comment thread, #64, …, 64.3
Mel says
http://opinion.inquirer.net/61647/moving-the-pork-mess-to-justice
Mel says
Gigi and all like-minded ex or sitting Chiefs of Staffs, Assistants including rank & file employees of Solons(as respondents) in the Pork Rorts. – to each his own.
On your own, or consolidate your stance before receiving your summons. The DOJ’s office is open on weekdays. Sink with the Solon’s boat or jump ship before it sinks.
Loyalty? Do thieves have one? Plunder is a capital offense. Bosses will disown explicit authorizations given to their staff in order to save their callous skin and save the jail term punishment.
Ooops, their Bosses’ SALNs, BIR to do an Al Capone too.
Kajames says
Paging Atty. Gigi: …you will not be alone if you side with the people. It’s not too late. Your “lolo” already dropped you as if you are a hot kamote! It’s time for you to chose the right thing. You can’t hide all the rest of your bountiful life now.
leona says
A Philippine.com Editorial – “What good is going after big-time criminals and throwing them in jail, when our courts simply show them out the back door? ”
Catching the Crooks is Only Half the Problem, Philippine Courts are the Other Half.”
If civil and other special proceedings cases are subject to review but not acquittals in criminal cases, the question is WHY? Is the correct answer – because our courts have to follow the U.S. legal standard of their jurisprudence?
Why follow when we have even officially declared that Philippine Independence is June 12, 1898 and not July 4, 1946? This is one good reason not to follow U.S. legal jurisprudence anymore.
Second reason is not to ‘review’ acquittals in criminal cases by all lower courts is blatantly injustice. Why keep on following this blatant rule which the ‘roots’ are of U.S. origin never have been applicable to the Pilipino people ever since?
We need change in our own legal standards. Not to do so, acc to the Editorial our legal system is a sham. Period!
http://philnews.com/
leona says
You can read Nos. 46 and 46.2 here for more of this. Thanks.
vander anievas says
@leona,
“Catching the Crooks is Only Half the Problem, Philippine Courts are the Other Half.”
yes. tama ka.
minsan nga naiisip ko pa na sila lang talaga.
example ang maguindanao massacre. 58 ang pinatay. wala pang hatol up to now.
ang vizconde. ruby rose barrameda. etc. etc.
leona says
The first if not among the very first was that case of Atty. Thomas Kepner that went all the way up to the U.S. Supreme Court in 1904!
From that case, on and on, up to now. The State or the gov’t here is prohibited to ‘appeal’ an acquittal in a criminal case.
The danger will always be lurking around in these PDAF or Malampaya funds scandals…if or when ‘acquittals’ are rendered, the gov’t cannot even think of appealing, for whatever reasons or grounds to appeal etc.
It is somewhat like trying to ‘climb’ a mountain that does not exists!
Justice will surely be denied. But an accused when convicted, an appeal is allowed.
People cannot run after deniers!
Mel says
While the crooks wallow with their loot, the country’s poor and destitute suffer.
And the crooks have spare funds earning interests to bank roll their appeals.
While pending err interim, they bid for time while they pay with their loot to gullible defense lawyers until such time a favorable corrupt magistrate(s) dismisses their charges for ‘lack of …’, or an Executive padrino Head pardons them of their crime.
moonie says
crooks dont always have it so good. while looking gullible, always smiling and willing to please, some defense lawyers are like blood sucking leeches, bleeding their clients dry. they dig deep into those with bottomless pockets, and charge astronimical fees, they know how to pad up reciepts, causing delays just so they can charge more.
Mel says
re “Catching the Crooks is Only Half the Problem, Philippine Courts are the Other Half.”
Dit·to
Mel says
Laws or stratagems to ensure convictions?
Artemio V. Panganiban, (21st Supreme Court Chief Justice of the Philippines) wrote in his column yesterday, “Moving the pork mess to justice”
Excerpts –
Mel says
Above source: http://opinion.inquirer.net/61647/moving-the-pork-mess-to-justice
Kajames says
…you know ka-CPMers, kung ibinili ng fully-complimented-BRP Alcaraz class na barko iyong nawawalang PhP26B, meron na tayo ngayon10-15 na BRP Alcaraz na nakakalat sa ating karagatan. At sana hindi tayo binu-bully ngayon ng ating kapit-bansa. At baka meron pa tayong mga 2 hi-tech drones na nagagamit sana sa Zambo ngayon. Hindi iyan isang panaginip dahil maaring naging realedad iyan kung walang “baboy” na nagawi sa ating tabi-tabi lalo na sa bandang malapit sa pasig river.
Kesa mapunta lang sa kung kani-kanino ang natitirang Malampaya Fund, gamitin na iyon sa pagpapalakas ng defense. Kung hindi tayo secured ngayon, ano mang ma-“gain” natin sa ekonomya ay magiging panandalian lang. Nakita na natin iyan sa Zambo ngayon. Isang “eye opener” yan.
Ipagpatuloy ang pagbabantay at pag-i-ingay para hindi maka-tulog sa pansitan ang mga inihalal natin.
kalahari says
Tidbits:
1. Sec. Abad rebuts bongbong marcos’ forgery tale of his P100M pork
2. Jinggoy and revilla – our signatures were forged
3. Enrile (new tact) – no direct proof of connection to napoles scam
4. Enrile and jinggoy’s senior staff, gigi reyes and ruby tuazon, already left the country (how about revilla’s richard gambe?)
Kajames says
Collaborated testimonies and paper trails plus the bank records will tell it all…
kalahari says
Hopefully. Ombudsman Morales knows her trade well.
vander anievas says
@kalahari,
doubt is dawning on me upon hearing her recent pronouncement.
hope i’m wrong
moonie says
you have a point, vander, but I think, madam ombudsman is allowed to backtrack. and I’m glad she ammended herself in time. the greatest men in history at one time in their lives also backtracked. alexander the great was no exception. in the battle of bactria, he pulled back too and called in his troops.
our teacher give us deadline when to submit assignment, but if you ask and talk to teacher, she may change the deadline. same thing with voting during election. there are circumstances that allow you to vote before voting day.
moonie says
kaduda-duda yong handwriting expert hired by revilla. if the handwriting expert will not do as revilla wants and say that revilla’s signature was faked, the expert might not get paid for services rendered. we might even hire our own handwriting expert to check out how accurate revilla’s handwriting expert’s findings are. see if they arrive at the same verdict. or choose to disagree.
jorge bernas says
@ moonie,
Tama ka moonie, pero ang mas kaduda duda ay bakit ngayon lang si revilla nagreklamo na na fake perma nito gayong napakatagal na taon din palaging ganito ang iniendorsong N.G.Os.?
At dapat ay ang mga nag fake nang perma nito ang habolin kong TOTOO sinasabi ni pogi revilla? Ano ba tawag sa taong walang alam na matagal nang na fake perma nito kong totoong sinasabi nitong si Pogi revilla?
Saka ano tawag sa senadores na matagal nang niloloko nang kanyang chief of staff at milliones na halaga ang nakuha kong totoong hindi nito alam? bakit hinahaay pang makalabas nang bansa ang sinasabing chief of staff? Nakakaduda na talaga mga sagot nang mga involved sa PDAF SCAM?
moonie says
jorge, whistleblower merlina sunyas said they faked 97 signatures of mayors, no mention of senators’ signatures being faked. apparently, may respeto pa silang natira sa mga senadores.
the handwriting expert revilla will be hiring, we’ll check if the expert is fully accredited graphologist with recent and updated knowledge of gragphology. there are many graphologists, some better than others.
si dating president kennedy nga e, before his death, it was found that his signatures slightly differed even though they were all his.
revilla spends too much time in front of the mirror admiring himself when he should have been putting in place measures so his signatures could never be faked. he did not really have to. no one ever is, was, brave enough to fake the signature of a senator who has nbi agents working for him.
jorge bernas says
@ moonie,
l’m talking about the PDAF/Pork Barrel Scam so they senators involved could not reason out about the fake signatures because it is only on 900 million Manampaya Fund scam that Merlina sunyas said about they did in forging the signatures of many mayors to get all the kickbacks/900 millions….Zero deliveries of farmers packages as what she added…
Cha says
Now this made me laugh. Manila Times editorial yesterday, Is chivalry dead? , aside from criticizing Enrile’s abandonment of his COS Gigi Reyes, also took a swipe at Jinggoy’s and Revilla’s defense strategies.
“Intelligence is not Mr. Estrada’s best suit, nor of Mr. Revilla’s either. ”
Haha. Best one liner I have heard so far in this whole sorry saga.
Cha says
P.S.
Just suddenly remembered that line from the Nora Aunor movie (cant remember the title now) where she says “Ang kapatid ko hini baboy!”.
This can be JV Ejercito’s line now, save for some variation, maybe it will go, “Ang kapatid ko hindi bobo. Baboy nga lang.”
Kajames says
In a plunder case, the “alibis”: it’s not my signature, I did not authorized that or I am not a party to that will not hold water because the acts were repeated so many times over a period by same people with the same “partners in crime”.
Vibora says
Hindi na ako magugulat kung isang araw ay isisi nila kay “Superman o Batman” ang pagkawala ng pera ng bansa…ang bilis nawawala…. Matinding virus ang tumama sa mga swapang na ito. Kahit siguro isang daang taon sa kulungan, hindi kayang gamutin…
http://newsinfo.inquirer.net/491129/malampaya-fund-audit-explosive-says-coa
kalahari says
Maybe CORONAVIRUS
Mel says
After studying initial docs, Ombudsman says review of evidence could be shorter than expected
Initially, Ombudsman Conchita Carpio-Morales said it might ‘more than a year’ (see #37). “Yesterday, I had a field day, going over the first batch of documentary evidence submitted by the NBI. I assure you, you’ll be in for a surprise, it’s going to take much less,” she said recently ‘Speaking before the 3rd Integrity Summit in Makati’.
Baka naman exactong isang taon, o bawas na ng isa o dalawang araw (364 – n). Mahirap sabayan ang nakababatang abugado.
Hindi pupuwedeng sabayan sa puyatan. LOL! biru lang Ginang Ombudsman. Paki-bilisan lang pu, ‘Strike while the iron is hot’. The names in the list of respondents are slowly but surely flying-out.
Mel says
– http://www.interaksyon.com/article/71078/after-studying-initial-docs-ombudsman-says-review-of-evidence-could-be-shorter-than-expected
Mel says
PERHAPS, in the Ombudsman’s ‘field day’ she found the documentation and their preparations very impressive that her initial ‘off the cuff’ schedule is now ‘… going to take much less’ than over a year.
We watched and heard how Atty.Levi Baligod came out in his interview (see #42), it must have reflected in his documentations and preparations from the whistleblowers’ testaments, supporting documents and evidences to prove their complaints of ‘plunder and malversation of public funds’ against the Senators and Reps., etc.
leona says
“It’s going to take MUCH LESS”… is about 4-5 months! If Madam Morales says “less than a year”…it means she’ll do it in about 7-8 months.
But using the words “much less” means it is shorter than 7-8 months. Thus, it can only mean 4-5 months or shorter. Therefore, respondents will be getting subpoenas by middle or later part of February 2014 to file their answers. Or as JPE said to Sen. Estrada “We’ll fight this in the courts,” meaning “waiving their right to file answers with Ombudsman, then…by March 2014 there will be filings in the Sandiganbayan court the charges or ‘INFORMATIONS’. Sooo gooood!
To make the ‘reviews’ by the prosecutors at the Ombudsman office faster and accurately good, forming ‘Interrogatories’ for each criminal case at the ‘end of the File’ and going back to the ‘Pages’ from beginning to end, and the evidence or documents supporting the corresponding charge, makes the work easier and faster.
Like reading a book from the ending pages and going back to Page 1 etc. will reveal the strength or weakness how the book is told/written for the story or plot.
Soooo gooood! Thanks Madam Morales!
Mel says
‘… 4-5 months’?
Let’s spin to win! Nagparinig si Ombudsman, lack of manpower (lawyers) and more budget ka-niyah.
WHY not hire credible private Law Offices (as PSOs or outsource) or freelance-Lawyers as special consultants to the Ombudsman? Just as a newly recruit freshmen-lawyer(s) would take years to gain suitable experience within the Ombudsman turf.
Mel says
‘special consultants’ or special counsels. In practice, the Ombudsman has the prerogative to over-ride their legal strategies and approach when tasked.
A bit naive to suggest? I thought of that, take chances.
Even the President took the risk and giant step of faith to appoint the lady Ombudsman at the helm, even the lady CJ Sereno at the SC helm too. But it was calculated ones, I reckon.
Manifesto, sworn to duty and country
Both ladies have great sense of propriety and intuition. All scenarios considered, how do you delegate and oversee that the wheels of justice continue to move?
leona says
… with about 5 good experience lawyers like Atty. Levi Baligod sharing their latest 5 years experiences with the newly recruit freshmen-lawyers, and the special consultant free-lance Lawyers ‘preparing’ the new lawyers, it can do wonderful tasks in the trial.
Even a new lawyer, dedicated and well prepared to do battle with ‘de Campanillas’ abogados, is a good match. You’ll see how it will come out in the court room.
The past of the legal profession has proven this fact so many times! So, underestimating the new lawyers is a misconception. It is proven already with the outcome of Atty. Baligod’s 13 years in the law, with the NBI and the DOJ!
Another proof was the removal of the ex-CJ Corona by the Senate. Chief Justice of the highest court!
The human spirit when absorbed with inspiration to find truth and justice is without equal in the history of life for all.
It can always and shall be done. The Holy Spirit is with us on this matter. Our prayers will be heard. Trust in it.
vander anievas says
@leona,
patriotism really does wonder/miracle.
yes, never underestimate a greenhorn. let us see this process of humiliating veterans by neophytes.
i can also say an educated man can be unlearned in the process of gaining monies from shady deals. imo, P.I. had a lot of them.
have a nice sunday to all…:)
Mel says
re your ‘‘To make the reviews’ by the prosecutors at the Ombudsman office faster and accurately … ‘.
Anything (variables) can happen when that period eventuates. One thing is sure, the hard work of both DOJ-NBI and Atty Baligod (counsel to whistleblowers) are done and dusted. Is there such as a paradigm as ‘perfect’ investigation report(s) and criminal complaint-charge sheets? As far as I can recall, these are fertile grounds, albeit – a test case even.
There are other deck card faces (other than the Queen of ??? [JL Napoles] who indulged in pork scams/schemes (dummy NGOs) to defraud the gov’t and the public of funds/monies. One of many … PDAF is one lawful pork scheme. What about the complicit participation (illegal) of gov’t heads, secretaries, managers, clerks, etc. and the monies involved. What about recovery? Chances R, dim outlook into years of litigation, tapus dismissal o pardon lang pala ang labas kung namuno na ang ‘maligno’ o kampon katulad niya o ni GMA.
Excerpt –
“Lack sense of nationhood
“Baligod said corruption is a “problem of character and lack of love of country.”
“We lack a sense of nationhood; we have an unfinished business at nationhood,” Baligod said.
“Asked how this generation would judge him and the witnesses, he said it was better to “judge us as selfless, patriotic Filipinos.”
“I expected nothing (in return), except for the altruistic feeling that I was able to contribute to bringing back decency in government,” Baligod said.
“He then quoted Leo Rosten, the Polish-born American novelist and scholar:
“I think the purpose of life is to be useful, to be responsible, to be compassionate. It is, above all to matter, to count, to stand for something, to have made some difference that you lived at all.””
Source: http://newsinfo.inquirer.net/487679/unknown-lawyers-date-with-destiny-enough-to-have-truth-on-our-side