(Updated 5:34 p.m.) The Office of the Ombudsman has found probable cause to indict Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Bong Revilla Jr., as well as businesswoman Janet Lim-Napoles, with plunder in connection with the P10-billion pork barrel scam. At a press briefing on Tuesday, Assistant Ombudsman Asryman Rafanan said plunder charges will also be filed with the Sandiganbayan against several government and non-government organization (NGO) officials for their participation in the scam.
Rafanan said Ombudsman Conchita Carpio Morales approved the recommendation of the five-member special panel that looked into the complaint filed by the Department of Justice and the National Bureau of Investigation in three joint resolutions Monday. The announcement came less than two hours after Senator Teofisto Guingona III, head of the Senate blue ribbon committee, announced in a separate briefing that
his panel has recommended plunder charges against Napoles and the three senators also in connection with the anomaly. The resolutions stated that the three senators took undue advantage of their official position to illegally divert, in connivance with certain respondents, their respective Priority Development Assistance Fund (PDAF) allocations to the NGOs linked with Napoles in exchange of kickbacks.
Modus operandi Rafanan said Enrile earned P172 million, Revilla P242 million, and Estrada P183 million with the PDAF-funded "ghost" projects "under a modus operandi of a combination and series of overt criminal acts repeatedly taking place over a number of years." Plunder is punishable by reclusion perpetua and forfeiture of ill-gotten wealth in favor of the government. Aside from the three senators and Napoles, others to be charged with plunder and several counts of graft are:
- lawyer Jessica Lucila "Gigi" Reyes, Enrile's former chief of staff;
- Ruby Tuason;
- Ronald John Lim;
- John Raymond De Asis, driver/bodyguard of Napoles who was made as president of Countrywide Agri and Rural Economic Development Foundation, Inc;
- Richard Cambe, Revilla's staff;
- Pauline Therese Mary Labayen, Estrada's staff.
The other respondents in the complaint, including Technology Resource Center head Dennis Cunanan, will be charged with graft. Ombudsman investigators found that the sets of respondents conspired in causing undue injury to the government in the amounts of P345 million, P517 million and P278 million from the PDAF of Enrile, Revilla and Estrada, respectively. These amounts are the total PDAF involved in the scam. Graft is punishable by imprisonment for not less than six years and one month nor more than 15 years, perpetual disqualification from public office and confiscation or forfeiture in favor of the government of any prohibited interest and unexplained wealth. Meanwhile, the Ombudsman dismissed the criminal charges against Mark Oliveros, Editha Talaboc, Delfin Agcaoilo Jr, Daniel Balanoba, Lucila Lawas-Yutok, Antonio Santos, Lucila Solomon, Susan Victorino, Shyr Ann Montuya in the Enrile case and Mylene Encarnacion in the Revilla and Estrada cases, for insufficiency of evidence.
Tuason immunity being studied Tuason earlier filed a written request before the Ombudsman to grant her immunity from suit in exchange of her willingness to testify against Enrile and Revilla. Rafanan said their office has yet to decide on Tuason's request because they need to determine first her liability. "The office resolved first the question as to the liability of Ruby Tuason and the rest of the respondents before studying or considering the request for immunity," he said. "Because there would be no need for immunity if in the first place you would not be found liable," he added. Rafanan said he is not aware if Cunanan filed a similar request or included it in his counter-affidavit, but said it will be studied by their office. Rafanan said the plunder charges will be filed before the Sandiganbayan after the respondents submit their motion for reconsideration. The respondents have five days upon receipt of the Ombudsman resolution to submit their motion. "After the resolution of the motion for reconsideration, if any is filed by the respondents or after the lapse of the period to file a motion if no motion is received, the information will be filed with the Sandiganbayan," Rafanan said. He said the Ombudsman resolution will be sent through personal service or registered mail. They started sending the resolution Tuesday. Meanwhile, since there is no case filed yet on the respondents, Rafanan said they can still travel abroad. Asked when they will resolve the second batch of complaint filed before their office, Rafanan said they are doing their best to resolve it speedy and judiciously. On the recommendation of the Blue Ribbon committee, he said they will study it and make the necessary action once they receive it.
Revilla to file motion for reconsideration Meanwhile, in a phone-patch interview on GMA News TV's News TV Live, Revilla's legal counsel, lawyer Joel Bodegon, said they will file a motion for reconsideration with the Office of the Ombudsman, noting their pending petition before the Supreme Court. "Hindi man lang nila isinantabi 'yung Supreme Court dahilan may naka-schedule na oral argument sa April 22 sa Baguio City doon sa aming application for TRO (temporary restraining order) para pigilin ang preliminary investigation ng Ombudsman," he said. He maintained that Revilla should not be charged with plunder, noting the admissions by whistleblowers that they had forged the signatures on pertinent documents in the release of Priority Development Assistance Fund (PDAF), the formal name of pork barrel, to NGOs. "Ngayon, kung peke at finorge ang signature ni Sen. Revilla, ang PDAF documents na iyon ay hindi binding kay Revilla," Bodegon said. Revilla is currently out of the country with his wife, Cavite Rep. Lani Mercado-Revilla.
He has vowed to return to face the charges against him. Meanwhile, for his part, lawyer Raji Mendoza, counsel of whistleblower Benhur Luy, said his client is "very satisfied" with the Ombudsman's recommendation. "He was very satisfied na kahit papaano, ['yung kaso] tumatakbo, may direksyon," he said in a separate phone-patch interview on News TV Live. —
with Amanda Fernandez/KBK/JL, GMA News 
GMA Brandtalk
Tracking
Archives
