By Frank Wenceslao
The greatest catch of big fishes since the Anti-Graft and Corrupt Practices Act and the Anti-Plunder Law were enacted and also could hasten the nation’s anti-G&C program is the criminal complaint of graft and violation of banking laws filed by the DBP on Friday (8/05) with the Ombudsman (OMB). The respondents include 25 past and current officers and three private individuals including Marcos’ trade and industry minister Roberto V. Ongpin; former DBP president Reynaldo David; former DBP chief operating officer Edgardo Garcia; and former DBP directors Patricia Sto. Tomas, Ramon Durano IV, Alexander Magno, Floro Oliveros, Joseph Pangilinan, Miguel Romero, Franklin Velarde and Renato Velasco in the grant of PhP1.5 billion loan processed and approved in one day surely a behest loan by the Arroyo administration’s highest officials.
It’s also a turning point in Pamusa’s 6-year history whose foundation day is Aug. 9. I owed the details of my previous column regarding the Philex Mining takeover by Manny V. Pangilinan’s and Ongpin’s groups to an ABS-CBN investigative report, albeit my request to Senate President Enrile and DBP President Francisco del Rosario probably jumpstarted the criminal complaint.
Meanwhile, I’ve learned President Aquino has been lukewarm to ask Pamusa to fight in America and help minimize G&C in the Philippines like rapidly developing Asian nations have achieved. The cause is the “bulung-bulungan” (whispering campaign) in Malacañang of aspersion cast by Filipinos in America with crab mentality that Pamusa and I are shaking down our targets accused of involvement in G&C. Nothing is farther from the truth.
Is it extortion asking donations from Ongpin, President Estrada, Pangilinan, John Gokongwei, the Cojuangco’s family led by Tonyboy, and Stradcom’s president Cezar Quiambao for Pamusa’s expenses by deferring our U.S. legal actions against them for violating U.S. laws which would cost them hundreds of thousands if not millions of dollars in fines and legal costs even if settled out of court so Pamusa can better run against more nefarious offenders? This would enable big businessmen needed by the country to settle their cases with the OMB which are less expensive. After all, unlike in the Philippines donations to Pamusa are recorded and registered with California Attorney General’s Office of Charitable Trusts of which we can only spend up to 15% for operating expenses.
The President should be reassured there’s no truth to the whisperings he’s hearing about Pamusa and me. Our main purpose is to help him succeed. Besides, if the whispering campaign were true Pamusa couldn’t have survived for 6 years under the rules and regulations for nonprofit corporations in America. On the other hand, Pamusa surely couldn’t get for free the evidence our allegations and legal actions would be based eventually.
Thus far, Pamusa hasn’t received a single dollar of help from the PHG in gathering evidence against the above-named individuals we offer to share with the OMB gratis et amore. Let me remind my readers therefore of the passages in my previous column alleging the criminal culpabilities of Ongpin, David, et al., they’re with rephrasing in parenthesis, to wit:
“Simply put, Ongpin fried the government with its own fat by buying (DBP’s Philex) shares with bank loan probably secured by (the same) shares in a criminal conspiracy that included David and other DBP board members and executive officers that approved the transaction.
“Such being the case, Sec. 3(e) of RA 3019 was violated by Ongpin, David, et al. of causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. Considering the amount involved, this could rise to violation of the Anti-Plunder Law (RA 7080).”
More big fishes would be caught by the administration’s widening anti-G&C net if the President and OMB Carpio-Morales wouldn’t only rely on the criminal justice system and allow to bring cases to the U.S. or other foreign venue pursuant to the UNCAC. Neither could G&C be minimized like burning cogon grass without digging up and burning also the roots. The roots are the rogues in robes and big businessmen in their well-furnished boardrooms and offices. Ongpin incidentally is smaller than those who’ve mastered piling up illicit gains by their own criminal devices and robbing the Filipino people of resources that would’ve enabled Tony Meloto’s Gawad Kalinga to build millions of low-cost houses with sanitary toilets and running water.
Much credible evidence is emerging to suggest Ongpin’s investments didn’t only come from Marcos’ loot but also from the Arroyos’ ill-gotten wealth. Forensic audit would prove his investments that built up Ongpin’s $300 million net worth in 2010 according to Forbes Magazine couldn’t have been reached investing only the Marcoses’ loot in his custody without the proceeds from the Arroyos’ Mafia-type organized criminal activities that should be added by the OMB to the DBP’s charges, to wit:
1. The Pagcor-PhilWeb Internet casino management contract that Senate President Enrile called a sweetheart deal while the former COA chair questioned the income sharing lopsidedly tilted to Philweb. Former Pagcor chair Efraim Genuino and board members couldn’t have approved this deal without GMA’s blessings. Internet gambling has never been allowed in any state of the U.S. A project last attempted by the New Jersey legislature to solve an acute budgetary deficit was vetoed by Gov. Chris Christie. That Pagcor’s management hasn’t filed a criminal complaint regarding this is a mystery that Ongpin or other Philweb’s officials have profitable connection with current Pagcor officials.
2. Ongpin acquired 10% equity in Meralco by buying the GSIS, SSS and Land Bank shares coalesced with SMC to raise its holdings to 37% to 43% once joined by Iñigo Zobel and Jose Campos Jr., thus SMC is now on equal footing with the PLDT group and the Lopezes’ 13.4% balancing the two groups’ control of Meraco. Again, the GSIS, SSS and Land Bank wouldn’t have sold their appreciating and dividends-paying Meralco shares unless “order ni Mrs.”
3. Ongpin masterminded the SMC’s takeover of Petron in a highly suspiciously and probably criminal manner. UK’s Ashmore Group fronting as Ongpin’s investment bankers for Marcos’ ill-gotten wealth in his custody first acquired Aramco’s 40% equity in Petron. With Ashmore poised to also acquire the remaining 40% government equity (PNOC’s), SEA Oil was forced to sell its 11% to Ashmore knowing it’d be in an untenable position. After Ashmore acquired 91% of Petron, the 51% was sold to SMC to control the company, which ended a poorly written zarzuela produced and directed by Ongpin. Ashmore holding 91% equity of a profitable oil company could’ve turned to a Big Oil rather than SMC. Moreover, the players undoubtedly with GMA and Mike behind the curtains swept under the rug and hid from public knowledge the national security issue against selling Petron. The unstable world petroleum market put the Philippines in jeopardy without its national oil company.
The whole transaction underscores the stupidity and greed attending the decision of FVR’s administration to sell 40% of Petron’s equity to Aramco in the first place, which should be looked into by the Senate and the OMB for probable violation of the Anti-Graft and Corrupt Practices Act.
4.. The Ongpin group’s reported takeover of Philippine Bank of Communications (PBCOm) is worth looking into because Marcos most likely owned 60% of the bank’s equity hidden in the shares of the Nubla, Luy and Chung families. Since the Supreme Court has ruled that the PLDT shares of the Philippine Telecommunications and Investment Corp. were actually part of Marcos’ ill-gotten wealth forfeited to the state even though the records show the late Ramon Cojuangco and wife, Imelda Ongsiako-Cojuangco, were PTIC’s beneficial owners.
I was Kokoy Romualdez’s Times-Journal columnist. Whenever I needed to see him I went to the Manila Hilton where he’s regularly meeting with Chinese Filipino big shots such as the late Ralph Nubla, Manila Bulletin’s “owner” Emilio Yap, then Equitable Bank’s chair Peter Go Pailian, etc. Kokoy usually advised me, albeit jokingly, I could supplement my TJ’s salary by exposing the shenanigans of the Chinese Filipinos who’re afraid of publicity. Nubla’s a tobacco buyer in Ilocos when he befriended Marcos who later granted him exclusive rights to import fruits such as grapes, apples, etc. especially during Christmas seasons. The truth is Nubla’s group couldn’t have taken over PBCom from a Taiwanese group if Marcos wasn’t involved, of course, getting his usual 60% equity in helping the bank’s take-over like Lucio Tan’s Allied Bank. It made me suspect Ongpin group’s takeover of PBCom was simply to show Marcos’ street certificates of his 60% ownership. This is another case for the PCGG and the OMB to investigate.
For direct comments: fcwenceslao1034@gmail.com
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