Intriguing

The $30 million extortion attempt on the Inekon Group, a Czech company interested in supplying 48 additional trains for the Metro Rail Transit (MRT) line along EDSA is getting to be more and more intriguing. There is no question that the incident indeed happened. Inekon’s Board Chairman Josef Husek in a sworn statement confirmed by no less than the Czech Ambassador to the Philippines, Josef Rychtar positively described it in detail, complete with the date and time it happened, the persons involved, the places where it happened and the circumstances surrounding the alleged attempt.

The episode started last July 9, 2012 at a Makati restaurant when the MRT General Manager Al Vitangcol III and his companion, a certain Mr. Wilson de Vera had dinner with Inekon’s officials led by Board Chairman Husek, a certain Mr. Haloun, and Inekon’s liaison, a certain Manalo (Boyet) Maralit. Also present was Czech Ambassador Rychtar.

The meeting continued in a private place upon suggestion of Vitangcol III so that they could discuss the collaboration between MRT and the Inekon Group. It was held at the residence of Ambassador Rychtar himself with the same people in attendance. While they were talking about the tender, Wilson de Vera left the room to make a call in his mobile phone. When he returned, de Vera suggested that Inekon would be selected as the supplier of the trains, provided it pays to an “unknown entity” the amount of $30 million.

Apparently, Inekon refused to come across with the pay off even if the amount was substantially reduced as it did not participate in the bidding any more. Eventually the contract was awarded to a lone bidder, the Chinese firm, Dalian Locomotive and Rolling Stock Co.

 Based on this sworn statement as confirmed by the Czech Ambassador whose credibility must be presumed because of his honorable position, there is no question that an act was committed by a public official which appears to be illegal, unjust or improper. Under our Constitution (Article XI Section 13 [1]) the Ombudsman on its own initiative should have already conducted a preliminary investigation to find out whether or not there is probable cause for filing the necessary charges before the Sandiganbayan against Vitangcol III and the other persons or “unknown entity” implicated in the incident.

So, this is the first intriguing aspect here. The Ombudsman chose not to investigate the case which is her duty under the Constitution. Instead she preferred to remain in the sidelines and allowed the National Bureau of Investigation (NBI) to conduct the investigation. The peoples’ curiosity was definitely aroused here because the NBI is under the Department of Justice (DOJ) of the Executive Branch like the Department of Transportation and Communication (DOTC) which controls and supervises the MRT and awarded the contract. One department investigating another department belonging to the same branch of government definitely arouses the suspicion that the charges will be white washed; that everything will be “lutong macaw.”

And true enough, the NBI has recently announced that it will recommend to the DOJ, the dismissal of the case against Vitangcol III because the mere allegations of Inekon Chairman backed up by the Czech Ambassador are insufficient to hold him liable for the alleged wrongdoing. Clearly, the NBI has gone beyond its function of merely gathering evidence. It has taken over the Ombudsman’s function of determining the existence of probable cause to charge Vitangcol III in Court. It has also practically encroached on the function of the Sandiganbayan to determine the value of said sworn statement for the purpose of convicting or exonerating him.

The worst part here is that the findings and recommendations of the NBI is clearly contrary to well established jurisprudence which says that between a straightforward, detailed and positive statement of an offended party and the bare denials of the supposed offender, the former shall prevail. It is true that the DOJ issued a statement that it has not yet approved the NBI report. But as it has always previously done, it is more likely and in keeping with its usual course of action, that it will just uphold the findings of its own investigating agency, the NBI.

The bigger zarzuela however happened in the DOTC itself. It has cleared Vitangcol III from any administrative liability simply on the ground that there is no “complainant”. This is really absurd and ridiculous. It is just like saying that a law enforcement officer is justified in not acting on a crime committed within his territory and with his knowledge, simply because there is no complainant. Besides, the DOTC’s action (or inaction) on this matter only resulted in the growing public perception that it has investigated and cleared itself of its own wrongdoing.

The administration’s handling of this extortion attempt has confirmed without doubt its tendency to always blame others for any wrongdoings; its tendency to be selective in investigating and prosecuting only those people involved in anomalies that do not belong and have connections with it. In fact last Friday, PNoy even blamed Gloria Arroyo for his hair loss. He told the OFWs in Malaysia that his thinning hair continues to vanish because of the enormous problems he inherited from the GMA administration.

The biggest intrigue and the most curious thing about this seeming special treatment given to Vitangcol III in this extort try, is that he knows too much and might just squeal if pushed to the wall. This public perception is growing in view of the earlier reports mentioning the involvement of PNoy’s own brother-in-law in this illegal act. The talks going around is that if Vitangcol III is charged, he must just tell everything he knows and point to that “unknown entity.”

PNoy should therefore instruct the DOJ and the DOTC to take their hands off this investigation and let due process takes it course before the Ombudsman and possibly in the Sandiganbayan. Otherwise it will just strengthen and confirm another public perception that he is giving special treatment to Vitangcol III like that he is giving to Janet Napoles because he is afraid that they might divulge details ending up right at the doorsteps of Malacanang.

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