MANILA, Philippines - Justice Secretary Leila de Lima
assured yesterday Vice President Jejomar Binay that the National Bureau of
Investigation (NBI) would be apolitical in investigating the corruption
allegations against him and his family.
However, United Nationalist Alliance (UNA) secretary-general
JV Bautista said De Lima had already shown her bias when she described Binay’s
principal accuser, former Makati vice mayor Ernesto Mercado, as a “credible
whistle-blower.”
At Malacañang, deputy presidential spokesman Abigail Valte
said the Department of Justice (DOJ)’s job is to ensure that laws are
faithfully executed.
“So it’s difficult… I hear Secretary De Lima saying that if we’re
going to do our job, we will be criticized; if we’re not going to do it, we
will be accused of favoring a party,” she said. “So, as far as the DOJ is
concerned, the secretary of justice is just doing her duty.”
Speaking to reporters, De Lima said the NBI has always been
“careful” in investigating elected officials as they have done on
lawmakers involved in the pork barrel fund scam.
“We are not swayed by political considerations,” she said in
Filipino. “We don’t even think about that.”
De Lima said investigating the allegations against Binay
could not be avoided as the public deserves to know the truth.
“They (Binay’s camp) have been consistent in their line that
this is all part of demolition job because of his political plans,” he said.
De Lima said she plans to meet next week with Mercado and
other accusers of Binay.
They could be considered whistle-blowers who could give
credible statements, she added.
De Lima said she would check if Mercado and company could
still give valuable and significant information that have not been revealed
before the Senate Blue Ribbon subcommittee.
“It’s hard to ignore whistle-blowers because more often than
not their statements are credible,” she said. “We will secure more
information from them to help us in deciding whether or not to pursue the NBI
investigation.”
De Lima said a team of NBI agents will trace the whereabouts
of Binay’s alleged finance officer Gerardo Limlingan, as well as Erlinda Chong,
Marguerite Lichnock, Kimsfer Chong, Kim Tung Chong, Irene Chong, Imee Chong,
Irish Chong, who are incorporators of Meriras Realty and Development Corp.
‘Property no longer
Binay’s’
Binay’s legal counsel Martin Subido said yesterday his
client no longer owns the property that Mercado had mentioned during the Senate
subcommittee hearing on Wednesday.
“The Tagaytay property was sold in December 2012 to Constant
Builders,” he said.
“The change in the title ownership is being processed by BIR
(Bureau of Internal Revenue). The property is listed in his SALN,” or the
statement of assets, liabilities and net worth.
Subido said Binay’s 2011 SALN included a residential lot in
Alfonso, Cavite, which he acquired through “Acknowledgment of Services and Deed
of Cession.”
Bautista said this is another proof that Mercado is only
fooling the public when he claimed Binay still owns the property.
He was referring to Mercado’s allegations that Binay owned a
350-hectare property in Rosario, Batangas.
Binay said he had leased the property from JCB Farms.
“That is not new,” he said. “First, they complained before
the ombudsman. It started from 100, then it became 200 (hectares). Maybe the
witness lost in cockpit, that is why his count now is 350.
“The explanation was already there. We are not the owner of
that property. There are only a few portions of it which we leased for the
piggery.”
Santiago warns Binay
Sen. Miriam Defensor-Santiago warned Binay that his refusal
to appear before the Senate Blue Ribbon subcommittee will work against him.
The public has been monitoring the hearings, she added.
The former judge said the presumption of innocence no longer
applies in Binay’s case now that witnesses against Binay have already presented
their evidence.
Mercado’s testimony is “remarkable” as he had made an
“admission against interest,” she added.
Santiago said legally that means Mercado knows what he is
talking about because he was Binay’s alleged partner in those illegal
transactions.
“Mercado himself can go to jail and suffer the maximum
penalty for plunder,” he said.
“It’s entirely likely he will apply for status of state
witness and he seems to appear to meet all the criteria for state witness.
The case can’t proceed without him and he’s not the
most guilty.
“The presumption of innocence clearly means that the burden
of proof is on the prosecutor. In other words, Mercado as a witness for the
prosecution.
But Mercado has already testified, the presumption of
innocence has already been eclipsed by the testimony of Mercado, which I said
is admissible because it is what the law calls admission against
interest.”
Binay must now present his counter-evidence to disprove the
allegations of his detractors, she added.
Santiago said it would not look good for Binay’s defense
since he has been ignoring calls for him to attend the hearings to dispute the
allegations against him personally.
“Well, I’m afraid it will imply guilt,” she said.
“You don’t want to talk. You have been accused of grave
crimes, in fact the worse crimes under our criminal law yet you don’t want to
say a word and you’re saying, no, I will say my piece in some other places in
some other time but not now, without even giving an acceptable excuse on why
you cannot answer the evidence against you right now.
“If that is the attitude then the burden of evidence will
never be carried forward, it will just stop there in time and Mercado will have
the forum all to himself.
“If you are innocent why would you allow him to enjoy that
advantage over you since only one side will be heard by the public?”
Santiago said an innocent person wrongfully
accused would always immediately retaliate and air his side to prove his
innocence.
“Why don’t you want to appear there?” she asked.
“What is his reason? Because the Constitution provides that
persons who are called to testify in congressional hearings have rights which
have to be respected by the legislators.”
Binay cannot keep on invoking that the proper forum to
tackle the allegations against him is the Office of the Ombudsman, not the
Senate because this would amount to forum shopping, she added.
Santiago believes the Senate’s power to hold the
investigations would be upheld if the Binays make good on their plan to
bring their jurisdictional challenge against the Blue Ribbon subcommittee to
the Supreme Court.
The SC has settled this issue several times in the past in
favor of the Senate, she added.
Source: www.philstar.com
No comments:
Post a Comment