DOJ open to Mercado probe; witness off to US

MANILA, Philippines - Justice Secretary Leila de Lima has not ruled out investigating former vice mayor Ernesto Mercado, who has accused Vice President Jejomar Binay of corruption.

Mercado has reportedly left for the US, to visit his ailing wife, according to Sen. Aquilino Pimentel III.

“Yes, I was informed,” Pimentel said, referring to Mercado’s trip.

Mercado reportedly left the country for Los Angeles on board Philippine Airlines flight PR 102. Sources revealed a certain Baby Ernesto Mercado and a Karla Marie Jane Ciruela boarded the night flight to Los Angeles on Tuesday.

Since there would be no scheduled hearing of the Senate subcommittee soon, Mercado’s departure would pose “no damage at all,” according to Pimentel, chairman of the subcommittee.

Even though Mercado is under the Witness Protection Program (WPP), Pimentel pointed out the former vice mayor is not prevented from traveling.

“WPP coverage is not equivalent to detention,” Pimentel said.

De Lima, on the other hand, noted the admissions made by Mercado during the hearing of the Senate Blue Ribbon subcommittee investigating the allegations against Binay that he had received kickbacks from the overpricing of the Makati City Hall Building 2.

“Remember the former vice mayor is the whistle-blower, so his testimonies are admission against interest, so it’s natural that we learn about the irregularities, anomalies attributed to him,” De Lima said during the budget hearing of the Department of Justice at the Senate yesterday.

“Now, will it affect his credibility? At this point we cannot say that, he is precisely a whistle-blower. That’s why he is called as a whistle-blower… Because they knew what happened since they were once part of the anomalies, of the irregularities and in that sense that makes them more credible,” she said.

De Lima said the justice department is open to investigate anyone involved in the anomaly.

“We are open… Just approach the National Bureau of Investigation and produce evidence,” she said, adding it is the NBI’s job to conduct an investigation.

De Lima said this doesn’t mean she believes the claims of Mercado, who has implicated Binay and members of his family in the accumulation of hidden wealth while they were at the helm of Makati City Hall.

De Lima, however, noted how Mercado had candidly testified at the Senate hearings, starting from his deep ties with the Binays to events that led to their soured relationship.

De Lima reiterated that Mercado is now under the Witness Protection Program based on the recommendation of the Senate Blue Ribbon subcommittee tasked to conduct the inquiry on the allegedly overpriced Makati Building 2.

“He is a witness in an ongoing legislated inquiry and the WPP law authorizes coverage of witnesses in legislative inquiry… Since the subject matter of the ongoing inquiry is of such huge magnitude, we cannot really downplay the security implication on the part of this whistle-blower,” she said.

For his part, Senate President Franklin Drilon said the Blue Ribbon subcommittee may also look into the alleged assets of Mercado, but only upon the initiative of a senator.

“If somebody files a resolution and it was referred to the Blue Ribbon committee, then we might start the investigation,” Drilon said in a radio interview.

Drilon said the Senate subcommittee will conduct the inquiry in terms of what legislation should be reviewed or if there is a new law that may be crafted as a result of the findings. Mercado has accused Binay of using dummies to hide his illegal wealth, and the latest exposés involve six condominium units in Makati City which were allegedly acquired in exchange for faster processing of building and occupancy permits of property developers.

Mercado has been a key resource person in the hearings on the allegations against Binay and his family.

Mercado was Binay’s close political ally since 1992, when they ran together under the banner of the Partido ng Demokratiko Pilipino (PDP) – with Binay for mayor and Mercado for councilor.

Mercado became councilor from 1992 up to 1998 then ran for reelection and for vice mayor in 2001, 2004 and 2007, each time running under Binay’s wing.

Both Mercado and Binay have been accused of corruption.

In 2006, they and five others were suspended while a graft complaint over supposed ghost employees and overpriced furniture for the then-new Makati City Hall was being heard. The Ombudsman dismissed the complaint.

The camp of the Vice President has denied the allegations made by Mercado. – With Rudy Santos