MANILA, Philippines - Law enforcement agents of the Department of Justice (DOJ) went to a condominium in Taguig City last March to rescue a kidnap victim.
Little did they know that the subject of their operation would be key to unlocking anomalies involving billions in pork barrel funds of Congress.
Justice Secretary Leila de Lima admitted that the pork barrel scam was an “accidental discovery†by the National Bureau of Investigation (NBI), which is under her administrative supervision.
The man rescued by NBI agents at the Pacific Plaza Towers condominium in Bonifacio Global City on the night of March 22, Benhur Luy, later became the primary whistle-blower in the pork barrel scam allegedly masterminded by his cousin and former boss, businesswoman Janet Lim-Napoles.
The DOJ initially dismissed the serious illegal detention charges filed by the NBI against Napoles and her brother Reynald Lim, who reportedly held Luy against his will for three months.
The case is now pending before a Pasay City court.
During investigation on the illegal detention case, NBI probers discovered Luy’s story about the pork barrel scam.
His testimony, along with those of other witnesses who used to work for Napoles’ bogus non-government organizations (NGOs), was used by the DOJ to file plunder charges against her and her alleged cohorts and beneficiaries.
Among those charged before the Office of the Ombudsman last September were Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr.
According to the criminal complaints filed by the NBI, Enrile, Revilla and Estrada received P172.8 million, P224.5 million and P183.7 million, respectively, in commissions, rebates or kickbacks from bogus NGOs linked to Napoles.
The three were slapped with plunder charges along with Napoles and 18 others, including former congresswoman and now Masbate Gov. Rizalina Seachon-Lanete and former PEC party-list representative Edgar Valdez.
Lanete and Valdez were accused of stealing P108.4 million and P56 million, respectively, from government coffers by using questionable NGOs and foundations as project conduits.
Sixteen others were charged with malversation of public funds, direct bribery and graft since the amount of commissions, rebates or kickbacks they had allegedly received did not go beyond the P50-million threshold for plunder.
Among them were three other former congressmen – Rodolfo Plaza of Agusan del Sur, Samuel Dangwa of Benguet and Constantino Jaraula of Cagayan de Oro.
Also charged were eight staff members of lawmakers: Enrile’s chief-of-staff Jessica Lucila “Gigi†Reyes, Revilla’s employee Richard Cambe, Enrile’s and Estrada’s representative Ruby Tuason, Estrada’s staff Pauline Labayen, Lanete’s employee Jose Sumalpong, Lanete’s district staff Jeanette de la Cruz, Dangwa’s chief of staff Erwin Dangwa, and employee Carlos Lozada.
Also facing the same charges were six presidents of Napoles’ NGOs identified as Jocelyn Piorato of APMFI, Nemesio Pablo of AEPFFI, Mylene Encarnacion of CARED, John Raymund de Asis of KPMFI, Evelyn de Leon of PSDFI, and Ronald John Lim of GAMFI.
Ten officials or employees of the National Agribusiness Corp. (NABCOR), the National Livelihood Development Corp., and the Technology Resource Center (TRC) have also been criminally charged. They were identified as Victor Cacal, Romulo Revelo, Ma. Ninez Guanizo, Julie Johnson, Rodhora Mendoza, Alexis Sevidal, Sofia Cruz, Chila Jalandoni, Francisco Figura and Marivic Jover.
The plunder complaints were based on a fact-finding investigation conducted by the NBI.
Documentary evidence included Commission on Audit (COA) reports showing how questionable NGOs were able to get a share from lawmakers’ Priority Development Assistance Fund (PDAF), the official name of the congressional pork barrel.
Luy claimed that the lawmakers enriched themselves by receiving 40 percent to 60 percent of the cash value of various PDAF-funded projects.
More complaints
In November, the NBI filed a second batch of complaints before the Ombudsman against more officials involved in the PDAF scam.
Charges of malversation, direct bribery and graft were filed by the NBI against 34 individuals – including then Bureau of Customs chief Rufino Biazon and six former congressmen – for their alleged links to the pork barrel scam.
Apart from Biazon who was a Muntinlupa City congressman, the other former congressmen named as respondents were Salacnib Baterina from Ilocos Sur, Douglas Cagas from Davao del Sur, Marc Douglas Cagas IV also from Davao del Sur, Arrel Olano from Davao del Norte, Arthur Pingoy Jr. from South Cotabato, and Rodolfo Valencia from Oriental Mindoro.
Biazon resigned from his post as Customs commissioner after the filing of the charges.
Also named respondent was Energy Regulatory Commission (ERC) chairman Zenaida Cruz-Ducut, who had served as Pampanga congresswoman.
Based on the complaint, Ducut, along with Celia Cuasay, reportedly acted as representative of the lawmakers.
Ducut reportedly acted as the agent of Baterina, Biazon, Douglas Cagas and his son Marc Douglas, and Pingoy while Cuasay acted as agent of Valencia.
Three heads of agencies named in the complaint were Alan Javellana, former president of NABCOR; Antonio Ortiz, former director general of TRC; and Dennis Cunanan, TRC director general.
Javellana, Ortiz and Cunanan were also included in the list of respondents in the first PDAF case.
Also named respondents were two presidents of NGOs linked to Napoles: Mylene Encarnacion of CARED and Evelyn de Leon of PSDFI.
The NBI also included in the complaint seven officials and employees of agencies implementing PDAF projects.
COA personnel suspected of complicity in the PDAF scam were NABCOR resident auditors Annie Recabo, Rebecca Aquino, Bella Tesorero, Susan Guardian, Elizabeth Savella, Merle Valentin, Diane Casado, Aida Villania, Laarnie Lyn Torres, Herminia SD Aquino, Jerry Calayan and Sylvia Montes.
The DOJ, through the NBI, had also initiated further probe on a key part of the alleged modus operandi of Napoles – the falsification of special allotment release order (SARO), a document issued by the Department of Budget and Management allowing the release of funds.
Syndicated estafa case
But De Lima said the other anomalies apart from the one perpetrated by Napoles would be pursued by the Inter-Agency Anti-Graft Coordinating Council which includes the DOJ, COA and Office of the Ombudsman.
From the start of the year, the DOJ was already busy dealing with scams.
In January, it filed a syndicated estafa case against businessman Manuel Amalilio and the officers and agents of Aman Futures Group Phils. Inc. for allegedly duping some 15,000 investors in the Visayas and Mindanao in a P12-billion investment scam.
Charged with Amalilio were Aman president Fernando Luna and his wife Nimfa, and the five board members who had cooperated with the NBI – Leila Lim Gan, Eduard Lim, Willanie Fuentes, Naezelle Rodriguez and Lurix Lopez – and officers Dhurwen Wenceslao and Dona Coyme.
The prosecutors pointed to a “paper trail and documentary evidence†showing the direct and actual participation of the accused in the scheme.
But Amalilio has yet to stand trial before the Pagadian City Regional Trial Court in Zamboanga del Sur since he had been jailed in Malaysia for possession of fake passport.
In March, Pagadian City Mayor Samuel Co was also indicted by the DOJ for syndicated estafa for his alleged role in the Ponzi scheme.
Co allegedly acted as agent and offered a building owned by the local government to serve as the office of Aman.
Co earlier went into hiding, but was arrested recently in Taguig City with his wife Priscilla.
Fatal shooting
Another controversial case investigated by the DOJ in the past year was the fatal shooting of an alleged Taiwanese poacher by Philippine Coast Guard (PCG) personnel off Batanes last May.
In August, the NBI filed homicide charges before the DOJ against eight PCG men found liable for the shooting of 65-year-old Hung Shih-cheng: Commander Arnold de la Cruz, Petty Officer 2 Richard Fernandez Corpuz, Seaman 2nd Class Nicky Reynold Aurello, and Seamen 1st Class Edrando Quiapo Aguila, Mhelvin Bendo, Andy Gibb Ronario Golfo, Sunny Galang Masangcay, and Henry Baco Solomon.
The NBI also filed charges for obstruction of justice against De la Cruz and Bendo along with SN1 Marvin Ramirez and LtJG Martin Bernabe for allegedly submitting tampered evidence to the NBI, including spliced video footage.
In its report, the NBI said indiscriminate firing using high-powered guns showed “a common design to disregard the rules of engagement.â€
Cops charged
In September, the DOJ approved multiple murder charges against the 13 police officers involved in the rubout incident in Atimonan, Quezon last January.
Those charged before the Regional Trial Court of Gumaca, Quezon were Superintendent Hansel Marantan, Supt. Ramon Balauag, Chief Inspector Grant Gollod, Senior Inspectors John Paolo Carracedo and Timoteo Orig, Senior Police Officer 3 Joselito de Guzman, Senior Police Officers 1 Arturo Sarmiento and Carlo Cataquiz, Police Officer 3 Eduardo Oronan, Police Officers 2 Nelson Indal and Bhazar Jailani, and Police Officers 1 Wryan Sardea and Rodel Talento.
The team allegedly killed 13 people including alleged jueteng kingpin Vic Siman on Jan. 6.
Investigating DOJ prosecutors found evidence that the police team led by Marantan liquidated the victims.
Evidence submitted by the NBI showed that the victims were shot at close range.
In December, another set of PNP officers were charged by the NBI for two counts of murder for the killing of Ozamiz robbery gang leaders Ricky Cadavero and Wilfredo Panogalinga last July 15.
Charged at the San Pedro, Laguna prosecutor’s office were Superintendent Danilo Mendoza; Senior Inspectors Fernando Cardona and Manuel Magat; Insp. Efren Oco; Senior Police Officers 1 Jason Semacas, Joseph Ortega and Genaro de Gala; Police Officers 3 Marvin Mejia, Ramil Gonzales, Sherwin Bulan and Gerardo Tugot; Police Officers 2 Eduardo Cruz, Kristofferson Reyes, Exiel Reyes and Conrado Bautista Jr.; and Police Officer 1 Ryan Rey Gado.
An NBI report to De Lima showed the accused police officers staged the supposed ambush and escape attempt of Cadavero and Panogalinga.
Probers said Mendoza was a protector of the Ozamiz gang, and that his men could have stolen the cash and pieces of jewelry seized from the two.
Cadavero and Panogalinga were being taken back to the national penitentiary in Muntinlupa after undergoing inquest proceedings in Cavite, when armed men on a motorcycle allegedly attacked their convoy in Laguna.
Tugot had testified that Magat had instructed him to fire around five shots at the vehicle’s windshield and three shots at the front right tire to make it appear that an ambush occurred and to support police claims that Cadavero and Panogalinga had attempted to escape.
Zamboanga siege
The DOJ was also tasked to investigate the siege in Zamboanga City in September staged by more than 400 supporters of Moro National Liberation Front (MNLF) founding chairman Nur Misuari.
Misuari’s followers wanted to seize the city hall and raise the flag of an “independent Bangsamoro Republik.â€
After preliminary investigation, charges of rebellion and violation of Republic Act 9851 (Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity) were filed against Misuari and his men before the Zamboanga City regional trial court last Oct. 7.
Aside from Misuari, also charged were commanders Habier Malik, Assamin Hussin and Bas Arki. Malik has since been confirmed to have been killed in the siege.
The DOJ recommended no bail for Misuari and his commanders while a bail of P200,000 was set for their followers on rebellion charges.
Last Oct. 9, the RTC had issued arrest warrants against Misuari and his commanders. The MNLF leader, however, remains at large.
Tax, smuggling cases
Throughout the year, the DOJ also investigated smuggling and tax evasion cases filed by the Bureau of Customs and Bureau of Internal Revenue (BIR), respectively.
Among the biggest cases was the smuggling case against a top executive of independent oil player Phoenix Petroleum Philippines Inc. and a Customs broker for the alleged smuggling of over P5 billion in petroleum products in 2010 and 2011.
Last April, the DOJ filed charges of violation of sections 3601 and 3602 of Tariff and Customs Code of the Philippines (TCCP) against Phoenix president and chief executive officer Dennis Uy and Customs broker Jorlan Cabanes for the nonpayment of excise and value-added taxes and for non-submission of import documents.
The respondents were accused of fraudulent importations of gas oil, unleaded gasoline and other petroleum products through the ports in Davao and Bauan, Batangas from June 2010 to April 2011.
The Court of Appeals, however, stopped the indictment of Uy and Cabanes after granting them relief in May.
As for tax evasion cases, the indictment of former chief justice Renato Corona last May was undoubtedly the biggest.
The DOJ had found probable cause in the charges filed by the BIR in August against Corona for some P120.5 million in unpaid taxes.
A DOJ panel said preliminary investigation showed that Corona failed to pay the correct income taxes for the years 2003 to 2005, 2007, 2008 and 2010.
For the new year, De Lima vowed that the DOJ would continue its relentless pursuit of justice – especially with the tough task of pursuing all pork barrel scams as ordered by the Supreme Court.
“With the support of the President and most of all the people, it’s not as hard as one would think to be undertaking sensitive tasks such as these Napoles/PDAF/Malampaya investigations,†she told The STAR.
“With a clear goal in mind, which is truth and accountability, and with just enough resolve and diligence and, of course, divine providence, everything falls into place,†she said.