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Will Napoles spill the beans?

I have never believed that Janet Lim Napoles masterminded the siphoning of billions of pesos of public funds into the hands of lawmakers through fake NGOs and other avenues. It was above and beyond her competency, to put it directly. She was just a high school graduate who learned to corner huge government contracts using connections in the military back in the 90s.

Janet_Lim-Napoles_mugshotWhen the Aquino administration came to power in 2010, she had developed enough political contacts to be able to penetrate the inner sanctums of government. She was in the right place at the right time. Top officials of the Aquino administration, especially those in Congress and the DBM, found in Napoles a perfect specimen, a businesswoman who followed orders to the letter for a piece of the pie. The pie happened to be the PDAF and DAP (Disbursement Acceleration Program). A former Cabinet secretary, a lawyer from Iloilo, was assigned to be the cow tender for the Napoles machinery.

The complexity of the entire operation is enough to show that Napoles couldn’t have conceived how the money will be stolen. It took the evil genius of these top LP leaders to map out the whole scam, right from the faucet of DBM to the bank accounts of lawmakers who partook of the largess. Of course, what is not highlighted is the fact that the real masterminds reaped a bigger harvest. Napoles got small change, although that was in the vicinity of hundreds of millions of pesos. It was easy money for Napoles, but easier still for the brains of the scam.

As expected, the news about Napoles being admitted to the Witness Protection Program (WPP) of the Department of Justice was devastating for lawmakers who were in one way or the other complicit in the scam. But the biggest fright is now being felt by the real masterminds. For one thing, Napoles could provide information about her shopping trips with the wife of an LP senator abroad. That would belie the claim of that LP senator that he and Napoles were mere acquaintances.

Those who have no dark secrets with Napoles don’t have to be worried. After all, her testimony would be subjected to cross-examination at trial. If she is lying, then the innocent can win back their freedoms.

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Doubts about a Mar Roxas presidency

A friend from Dumalag, Capiz called me a few days ago, and our phone conversation turned to a topic that is generating a lot of excitement in our home province —- the candidacy of Mar Roxas.
He confessed to me that he is inclined to vote for Mar Roxas. “My only reservation comes from the prospect that he will use his position to protect the real masterminds of the pork barrel scams,” he said.
I had to agree with him. As a person, Mar Roxas is a noble man. He is well educated, experienced, and ready to face higher responsibility. Mar’s only problem is that he can’t seem to disengage himself from the issues plaguing the Aquino administration. He is stuck with the yellow label, and that is dragging him down.
And it would leave me with a heavy heart to see Mar Roxas unable to severe his connections from the DAP masterminds and strengthen the perception that he will spend more time trying to keep them out of jail than pressing ahead with much-needed reforms for the country.
Time is running out. Mar Roxas should demonstrate he is his own man. He should not be hostage to the machinations of his party-mates who destroyed the core principles of the Liberal Party. He must convince the likes of me that his presidency will be anchored on the rule of law, and no one will be spared from facing the consequences of their criminal behavior while in public office.

One small step, a giant leap for justice

The Office of the Ombudsman-Visayas is set to conduct the preliminary investigation into my complaint that a P13.5-million contract funded from the pork barrel of Senate President Franklin M. Drilon for the development of the Iloilo Esplanade was anomalous.
On Wednesday, I received a letter from the just-retired Deputy Ombudsman for the Visayas Pelayo Apostol informing me that a fact-finding investigation done by Ombudsman graft investigators in Iloilo City has been upgraded into a formal charge for criminal and administrative offenses.
The cases, docketed as OMB-V-C-14-0489 and OMB-V-A-14-0347, primarily involves Edilberto Tayao, regional director of the Department of Public Works and Highways, and the chairman and members of the Bids and Awards Committee (BAC).
Apostol’s letter did not mention Senate President Drilon who was listed in my complaint.
A check with the Office of the Ombudsman elicited information that the cases are entitled, “OMB-RO6 and Manuel Mejorada versus Edilberto Tayao, et al.”
For me, the upgrading of my complaint into a formal charge is a giant leap for justice.
I wish to highlight that the Office of the Ombudsman, Region VI, has filed this as co-complainant.
What does this mean? It demolishes the defense of the Senate President who said that the anomalies were just “a figment of my imagination”.
After I filed this complaint on September 10, 2013, no less than Ombudsman Conchita Carpio-Morales ordered the anti-graft body’s investigators to determine whether it had legal and factual basis.
I was told that Ombudsman Morales gave this instruction in a hand-written note on my complaint.
The report of the fact-finding team validated my charges that the items of work stated in the project’s contract were “ghost” or non-existent.
This is enough vindication for me. The complaint is based on facts. The award of the contract was anomalous. Public funds were squandered.

Now, it’s not just me talking, but the Ombudsman Region VI as well.
But it will not, and must not, end there. It should proceed to the next step, which is an indictment of the public officials involved in this corruption.

For a background on this case, you can read this previous post:

https://manuelboymejorada.wordpress.com/2013/08/31/down-the-drain/

A rising tide of anger

Being critical of the President’s decisions and leadership style doesn’t translate to being “anti-PNoy”. But the President must realize that this rising tide of anger is not being orchestrated or instigated by political forces. it is a legitimate expression of the people’s grievances. If he fails to comprehend that, this sentiment could shift and become a strong “anti-PNoy” movement.

Senate President Franklin Drilon parties with Janet Napoles

Senate President Franklin Drilon parties with Janet Napoles

In an exclusive report, Arnold Clavio of GMA TV 7 reported that Senate President Franklin M. Drilon could not say he doesn’t know Janet Lim Napoles. In fact, pictures of them together at a party were provided by a source. Here’s the video.

Drilon faces graft raps before Ombudsman

http://www.scribd.com/doc/166912674/Graft-raps-vs-Senate-President-Franklin-M-Drilon-over-pork-barrel-scam-in-Iloilo-City-filed

Drilon’s ‘golden’ watering system

It was, in the language of a government official who is an expert in the law on government procurement, “a bullet train ride” for the P13.5 million pork barrel project with a“manual irrigation system” for the Iloilo Esplanade as its centerpiece.

“Right from step one to step 10, almost every rule in Republic Act No. 9184 and its revised implementing rules and regulations were violated,” the procurement law resource person, who spoke on condition of anonymity, said.

Whoever was behind it must have been in a hurry to award the contract to a favored contractor, he said. He added that the entire procurement process took 38 days, which he likened to “a bullet train ride” because of its swiftness.02sep_1 front

The expert outlined the violations of RA 9184, which governs all procurement for supplies and services in the public sector, based on what he found out in an examination of the documents released by the Department of Public Works and Highways (DPWH) Regional Office No. 6:

  • The contract was advertised through an invitation to bid on Sept. 21, 2012 even before the funds reached DPWH Region VI.

The documents show that the Department of Budget and Management (DBM) issued the Special Allotment Release Order (SARO) on Sept. 17, 2012. It was received by DPWH central office on Sept. 27, 2012, which endorsed it to DPWH Region VI on Sept. 28, 2012. Under the law, the funds must already be available when a project is advertised for public bidding, the expert said.

He said the prior issuance of the SARO is not required before the procurement can start when a project is listed in the agency’s annual procurement plan or APP. This project isn’t listed in the APP of DPWH, he said. When the invitation to bid was posted, the SARO was still in transit. Hence, no funds available yet at the time it was advertised, he said. “That’s putting the cart ahead of the horse,” he said.

While this is not a “fatal” flaw, he said “speaks loudly that somebody powerful is moving the project forward.”

  • The invitation to bid was not published in a newspaper of national circulation at least once because it involved a contract exceeding P5 million.

RA 9184 and its revised implementing rules and regulations imposes a requirement for publication in a newspaper of national circulation for infrastructure contracts above P5 million. The DPWH Region VI did not present any proof this was complied with. TNT Libre also verified with the digital archive of The Manila Standard Today, which was designated as official newspaper for DPWH invitations to bid, for the dates Sept. 21 to 28, and this invitation to bid did not appear on any of these dates.

  • The Bids and Awards Committee (BAC) illegally raised the approved budget for the contract (ABC) after the pre-bid conference was conducted.

The invitation to bid issued on Sept. 21, 2012 placed the ABC for the project at P10,110,640.14. But subsequently, the ABC was changed twice and raised to P13,092,238.67 through what is known as a “bid bulletin”. This is illegal, the expert said. The bid bulletin is only for purposes of clarifying the bid documents to help bidders submit a responsive offer for the contract. The ABC is determined by the agency before it is advertised for bidding. “The BAC has no power to increase or decrease the ABC,” he said.

To support his contention, he cited Resolution No. 07-2005 of the Government Procurement Policy Board (GPPB) which oversees all government procurement activities and manages the PhilGEPS website. The resolution authorizes an “upward” adjustment of the ABC only after two failed biddings in which all submitted bids exceeded the amount, or no bids were submitted, or that a negotiated procurement after two failed biddings also resulted in failure.

“This will put the entire BAC in serious trouble,” he said.

  • The Notice of Award and Notice to Proceed to the winning contractor was not posted in the PhilGEPS website, which is again a violation of the revised implementing rules and regulations of RA 9184.

A key feature of the transparency mechanism for government procurement under RA 9184 is the posting of “milestone” events for a contract in the PhilGEPS website. The documents that must be posted on this website are the invitation to bid, bid bulletins, notice of award, contract agreement and notice to proceed. A “Certificate of Compliance” on these postings signed by Tayao and the new BAC chairman, Marilyn H. Celiz, dated June 7, 2013 show that these notices and contract agreement were not posted on the PhilGEPS website.  On the remarks column, there appeared a note that these “Cannot be posted due to changes in ABC as posted in the bid bulletins”.

These violations are “tell-tale signs” of a rigged bidding, the expert said. “One can readily see that there was an effort to conceal the bidding,” he said.