Wednesday, August 21, 2013

Aquino has P100-B pork from Malampaya

Source: The Daily Tribune
malampayaOfficials who live in Malacañang glass houses shouldn’t throw pork stones at their political foes in Congress.
Already, a pork stone has been thrown at the Palace glass walls, and took a direct hit on President Aquino.
It has been found that, apart from the more than a trillion peso presidential pork, officially known as priority development assistance funds (PDAF) hidden in the P2.268 trillion 2014 national budget which Congress cannot scrutinize, President Aquino has at his disposal more than a hundred billion pesos from the Malampaya funds which Congress will never have a chance to scrutinize at all.
This was bared yesterday by Bayan Muna Rep. Neri Colmenares during a press briefing saying that while income generated from the Malamapaya oil exploration forms part of the National Treasury, it cannot be used by Congress to appropriate funds for the General Appropriations Act (GAA).
“It’s under the Special Account 151, and technically it’s in the National Treasury but it’s not part of the common fund which can be used by Congress to appropriate under the GAA,” said Colmenares.
“This is a very huge pork. And this is not a good way of spending the funds. Accordingly, they have already spent P38.8 billion from the fund. But it was never scrutinized because the Malampaya fund is not part of the budget,” the solon added.
At the budget hearing the other day, Energy Secretary Jericho Petilla admitted that the income generated from Malampaya has already accu-mulated to P173 billion from 2002 up to the present, of which P38.9 billion had been spent by the government, including P5.8 billion for agricultural guarantee fund, P1 billion for modernization program of the Armed Forces of the Philippines (AFP) and P2.2 billion for the Department of Interior and Local Government- Philippine National Police (DILG-PNP).
The Aquino administration also allotted P814 million from the fund for rural electrification projects.“Only the President can disburse this,” said Colmenares. “Unfortunately, Secretary Petilla cannot divulge as to how much of the fund went directly to the President’s discretionary fund.”
“And this is one area we have to look into,” he stressed.
According to the Bayan Muna solon, the administration is taking refuge under Presidential Decree 910 which states that funds from Malampaya should be spent for energy-related projects or projects approved by the president.
“Where was the money spent? Which district benefitted from the fund?,” the solon asked.
“Even if it was spent honestly, this could spell some irregularity if favoritism was employed in the disbursement of the funds especially if it was used to benefit on allies of the administration.
“It’s good to electrify districts or sitios but if electrifying these areas is only done at the discretion of a sole person, then how does he choose which districts to electrify and which district not to electrify?” he added.
The solon also expressed apprehension the Malampaya fund may be used by the administration to bolster the chances of its candidates for the 2016 elections.
“There’s really a possibility it could be used for the 2016 elections. It is a presidential pork,” said Colmenares.
“That’s why we in Bayan Muna have filed a bill to amend PD 910,” he stressed.
Allegations that the pork barrel scandal is politically-motivated, at least insofar as the Senate is concerned, as the reports have attempted to drag the names of known Palace critics. This has gained ground with the pronounced plans of filing of formal charges by the Department of Justice (DoJ), Sen. Ferdinand “Bongbong” Marcos Jr. said yesterday.
“Yes, very clearly,” the senator said in responding to queries on the issue of political color on Justice Secretary Leila de Lima’s statements that they are now building up a case against senators and congressmen involved in the purported P10-billion pork barrel scam.
“What we’re only asking is for them to complete the investigation and what’s bothersome here is that only those perceived to be from the opposition are often mentioned. Why? That’s easy to say that the probe is tainted by politics. I think the suspicion is well-founded and you cannot blame the public for having that kind of thinking because of the names (mentioned),” he said.
Marcos, while aligned with the majority bloc in the Senate, is more often than not, seen as a critic of the Aquino administration.
Marcos was quick to point out that some of his colleagues – particularly those who ran and won under the administration’s Team Pnoy’s senatorial ticket – had been exonerated by De Lima even at the onset of the controversy and on the probe by the NBI.
De Lima was quick to clarify reports on Palace allies in the upper chamber that the names of Senators Loren Legarda, Aquilino “Koko” Pimentel and Antonio Trillanes IV were not mentioned in the affidavits of the whistleblower Benhur Luy or any state witness.
“That’s one of the reasons that makes the whole thing baffling, why this is taking such course. (I’m) not referring to the (course of the) investigation because we don’t have an idea what’s happening in their probe. But what we’re seeing and hearing are merely based on news reports.
“Everything that we are talking about is only (based on) what’s coming out in the newspapers. And the perception being stirred by all of these (is that of political motivation) because of the continuous attack on those who are perceived as enemies,” he added.
Yet, Marcos who admittedly is setting his sights for a possible higher position come 2016 elections, said he’s not at all bothered by this latest development.
“I’m not bothered because I know what happened. I know what transpired in my office, what I did (or my dealings in the past),” Marcos added.
The senator, however, admitted that he cannot make any assurance in not bringing up the matter and grilling De Lima on the issue when the latter submits herself once again before the powerful Commission on Appointments (CA) in the coming weeks.
Marcos is a member of the majority bloc in the Senate panel sitting in the bicameral appointments body.
“No, it’s not my style (to get back at someone)…it will come up. Everything is a factor (in confirmation proceedings) especially if you’re talking about the highest levels of government, everything is a factor, every part of that nomination is going to be examined,” he said.
“We’ll see what issues will come out. Maybe this will come up, I don’t know,” Marcos added.
Minority Leader Juan Ponce Enrile and the rest of his ranks in the minority bloc being implicated in the scam, remain unperturbed by De Lima’s move.
“My records are complete,” Enrile said.
Both Estrada and Marcos said they were not contacted or sought by the NBI in pursuing the facts of the case on them.
Besides the three, Senators Ramon “Bong” Revilla Jr., Vicente Sotto III, Manuel “Lito” Lapid and Gregorio Honasan were also mentioned.
“I was never contacted by the NBI so I suppose they should hear both sides,” Estrada said, adding that he welcomes the filing of charges as it will provide him the opportunity to clear his name for any supposed misdeeds or involvement in PDAF misuse.
“As long as due process, the rule of law and rules of evidence are followed, I have no objections. This serialized, sustained trial by publicity before investigations by the NBI and Ombudsman has to stop by enforcing the appropriate regulatory laws,” said Honasan in a text message to reporters.
It’s unfortunate, Honasan added, that the Freedom of Information (FoI) bill which will provide public access to government records and transactions, failed to be enacted into law by Congress despite the Senate passing it on third reading before they went into recess in Dec. last year.
While the House of Representatives had been consistent in failing to pass the FOI bill on third reading, the same cannot be said of the Senate as the upper chamber had approved on third reading the bill twice, during the 14th and 15th Congress.
Meanwhile, in the House of Representatives, some lawmakers whose names have been dragged into the P10-billion Napoles scam yesterday said that they have evidence to prove their innocence.
According to Davao Rep. Isidro Ungab and Cagayan de Oro Rep. Rufus Rodriguez said they have all the records to prove their innocence.
“My conscience is clear. Since I kept the records of all my projects, I don’t have problems. I can compare my records with their records. When NBI asks for proof, I am willing to give mine. I don’t know her (Napoles),” Ungab said.
Ungab and Rodriguez were implicated in the alleged scam that has been hatched by one Janet Lim Napoles. Napoles was alleged to have masterminded the misuse of PDAF through bogus non-government organizations.
“When you’re telling the truth, why would you fear anything? My family knows me well,” Ungab added.
Ungab explained that he is very careful in use of his PDAF.
“I’m very sure that they are all accredited by the Department of Agriculture because you cannot implement a project if they are not accredited. All my PDAF transactions were implemented. I can face my constituents and show them the projects for them,” Ungab added.
Rodriguez also denied any knowledge about Napoles’ activities even as he maintained that it was the state-run Technical and Livelihood Center that has been remiss in its duties in granting P3 million of his PDAF to what turned out to be bogus organizations.
“My P3 million was given to the Technical and Livelihood Center which for the past 30 years has been engaged in livelihood programs. We did not know that it went to the fake NGOs,” Rodriguez said.
Rodriguez charged that his signatures and that of his alleged beneficiaries had been forged by the non-government organization that was chosen by the government implementing agency.
“My defense is all found in the CoA papers. If they (NBI) will summon me, I will be willing to come to NBI,” Rodriguez added.
Of the 23 lawmakers who have been implicated in the scam only four are still in Congress – Ungab, Rodriguez, Reps. Victor Ortega of La Union and Conrado Estrella 3rd of Abono party-list.
According to a former member of Congress, his name was also dragged into the scam. Like Rodriguez, he said that his signature has been forged. He asked not to be named.
By Charlie V. Manalo, Angie M Rosales and Gerry Baldo

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