Thursday, August 29, 2013

Was Napoles allowed to escape?

By Bel Cunanan
Political Tidbits
It’s now De Lima’s added dilemma, but studied opinions say l’affaire Napoles could also be tipping point for P-Noy. SC Justice Abad’s ‘boiling water’ theory stumps former Rep. Lagman
Janet-Lim-Napoles.14If in the administrations of Presidents Macapagal Arroyo and Noynoy Aquino, there has been a conspiracy among some members of Congress and Janet Napoles to channel their PDAF to bogus NGOs under a 70-30 sharing scheme, in this reigning regime there could have been a conspiracy among personnel of the Justice Department, as Secretary Leila de Lima is now investigating, security personnel and perhaps even members of Congress to allow this notorious woman to escape arrest.
The query everyone’s now asking: why was the impending arrest ordered by the court publicly announced? As a FB habitué argued, it should have been arrest first and then announcement. This may be because a good number of politicians stand to gain plenty from her disappearance.
XXX
Secretary De Lima, appointed by President Aquino in July 2010, is one of several Cabinet members who have repeatedly failed to get confirmation from the Commission on Appointments (many lost count of how many rebuffs she has faced in the CA). Very soon, however, as Senate President Franklin Drilon, who also heads the CA, said recently, De Lima will again face the CA as obviously the President retains full trust and confidence in her.
De Lima’s dilemma (to borrow a Manila Standard phrase) is that she was already twisting in the CA at the time when investigation of the P10 billion scam perpetrated by Janet Napoles was being conducted by the NBI under her department. Now that Napoles has flown the coop, De Lima has to answer for this in the CA and to the people.
The nation will also be watching what President Aquino will do from hereon—some pundits opine that the Napoles saga could very well be the tipping point for him.
My friend, Star columnist Boo Chanco, put it very well today: “Yes indeed, this pork barrel scam may define the P-Noy presidency. History may remember his watch as the time when public officials were raiding the National Treasury in the tens of billions of pesos and the President considered it as all in a day’s work.”
XXX
Despite enormous public demand, leaders of both chambers of Congress have turned down any investigation of the PDAF scams that have involved past and present members of Congress, and now she’s missing in action. Hence an outraged citizenry appears to have no choice but to press Congress to conduct this inquiry itself.
De Lima has been under tremendous pressure to name names in the pork barrel scandals, and so was Commission on Audit Chair Grace Tan-Pulido—but up to now nothing has come out. Then came the RTC’s order to arrest Napoles—not for masterminding the P10 billion scams, but for illegal detention of her former right-hand man, Benhur Luy who turned witness against her. Even that court order was infirm in itself.
Given this latest crisis in the Napoles saga, it now behooves the citizens of this country and respected institutions to apply pressures on Congress to have the guts to investigate its ranks—if only to get to the bottom of the PDAF mess and undergo its much-needed purgation and catharsis.
XXX
But there’s another angle to the pork barrel scams. Now that the Napoles drama has played out for over two weeks already, pundits are beginning to look at the whys and wherefores of how it began. Some analysts are happy that the fertilizer scam of the past administration is meriting a second look, if only to vindicate Marlene Esperat, the journalist who first began poking into it in 2005 and paid for her zeal with her life.
I’ve also heard other pundits opine that this whole mess may have been raked up by a rightist group fearful of the growing power of the Left, so that the former wants to foment trouble with various scandals, in order to preempt the moves of the Left.
Another theory popular earlier was that the Palace blew up this scam in media to cover up for huge un-detailed pork items for the executive department in the 2014 national budget, such as the President’s P100 billion from the Malampaya funds. But this theory doesn’t wash, for precisely the PDAF scams opened a can of worms and those executive budget items are now being scrutinized by media and left-wing representatives, more than ever.
All these theories about conflicting conspiracies provide unceasing analyses in cocktail and media circles. The plot thickens.

Budget group seeks abolition of Aquino’s P310-B ‘special purpose funds’

By Ernie Reyes
InterAksyon.com
Militant youths wearing mask to symbolize their protest demanding the abolition of the corruption ridden pork barrel and other funds during a picket rally in Manila. (Roy Cobilla/InterAksyon.com)
Militant youths wearing mask to symbolize their protest demanding the abolition of the corruption ridden pork barrel and other funds during a picket rally in Manila. (Roy Cobilla/InterAksyon.com)
MANILA, Philippines – Social Watch Philippines on Friday sought the abolition of Special Purpose Funds (SPF), amounting to P310.1 billion, totally controlled by the Department of Budget and Management (DBM) with the approval of President Benigno Aquino III.
In its statement released Friday, SWP said that SPFs are lump sum funds included as part of the General Appropriation Act for 2014, of which the pork barrel is part of.
“These are not as detailed and specific as the budget proposals of regular agencies. Once these are approved, they are vulnerable to reductions, transfers and ‘adjustments’ since these are lump sums,” said SWP Lead Convenor and former National Treasurer Prof. Leonor Magtolis Briones.
Briones said SPFs account for 22 percent of the proposed 2014 national budget of P1.4 trillion which is under deliberation in Congress.
“It is important to give attention to the SPFs because these are not normally debated in Congress and are less scrutinized by the public,” she said.
According to Briones, these accounts are funds managed directly by the Department of Budget and Management (DBM), with the approval of the President.
“The President is allowed by the Constitution to transfer funds in his office. The current interpretation of the word ‘office’ is that it covers the entire national government,” Briones explained.
Not only have SPFs been always problematic, said Briones, “but since these are not as detailed as regular appropriations, they tend to be vulnerable to abuse. Accountability is sometimes difficult to establish and documentation likewise difficult.”
For 2014, P310.1 billion has been proposed as SPFs along with Ph139.9 billion as unprogrammed funds, for a total of P499 billion. The biggest items are Pension and Gratuity Fund of P120.5 billion, Miscellaneous Personnel Benefits Fund for P80.7 billion, Budgetary Support to Government Corporations for P46.7 billion, Allocation to Local Government Units for P19.7 billion. The PDAF budget level of P25.240 billion is just around 8 per cent of the SPF, which is proposed at P310 billion.
Briones believes there is more reason to scrutinize these funds because these are not detailed and these can be transferred easily; and the power to transfer funds was gravely abused during the previous administration. “That is why it is important to continuously campaign for the fulfillment of promises in public finance and budget reforms.”
“The Commission on Audit (COA) has already spoken that the SPFs should be removed and the budget has to demonstrate clarity and transparency. The government should follow the COA’s advice and for prudence’s sake, re-channel the funds and integrate them with the agencies. There should be no room for budgets with only general assumptions and vague details,” Briones explained.
She urged citizens to “also monitor the other larger lump sums.” The scope of citizen advocacy should expand “from a small portion of the special purpose fund, which is the pork barrel, to the whole SPF itself. In other words why not target the “queen bee” and not just some soldiers and workers?”
UP faculty call supported
Meanwhile, SWP supports the call of faculty members from the University of the Philippines for the abolition of the Priority Development Assistance Fund (PDAF), otherwise called “pork barrel.”
The call complements the seven-year campaign of SWP and the Alternative Budget Initiative (ABI) for the abolition of Special Purpose Funds (SPFs), of which the pork barrel is a part.
Convened by SWP, the ABI is a consortium of more than a hundred nongovernment organizations globally acknowledged for initiating government-citizens partnerships in formulating and lobbying for alternative budget proposals for increased allocation for social services.


PDAF: How it works

By Jess Diaz 
The Philippine Star
Members of a youth group wear pig masks during a rally in Manila to denounce the misuse of the congressional pork barrel. EDD GUMBAN
Members of a youth group wear pig masks during a rally in Manila to denounce the misuse of the congressional pork barrel. EDD GUMBAN
MANILA, Philippines – The Priority Development Assistance Fund (PDAF), the official name of the congressional pork barrel, is a lump sum appropriation in the national budget. For this year, it has a funding of nearly P25 billion.
It allocates P200 million a year for each senator and P70 million for each member of the House of Representatives.
The process of releasing PDAF allocations starts with a senator or congressman making a request for the release of his or her allocation. A project list accompanies the request. Projects are drawn from a menu specified in the annual budget law.
The request is sent to the Senate finance committee, in the case of a senator, or the House appropriations committee, in the case of a House member. The committee chairman endorses it to the Senate president or the Speaker, who then forwards it to the Department of Budget and Management (DBM).
The DBM makes sure that the project list conforms to the menu in the budget law. It then releases the funds to the implementing agency identified by the lawmaker, who is furnished a copy of the release document known as special allotment release order (SARO).
The lawmaker is not supposed to meddle in project implementation. But in reality, as Commission on Audit (COA) Chairperson Grace Pulido-Tan said yesterday, they chose the non-government organizations (NGOs) that received their funds and implemented their projects.
Tan said the supposed implementing agencies, when they received the PDAF funds, “just turned around and transferred the money to the NGOs identified by lawmakers.”
The transfer is presumably covered by a memorandum of agreement signed among the lawmakers, their implementing agencies and their chosen NGOs.
Auditors usually conduct a post-project implementation examination. By this time, the funds had already been misused.
Budget Secretary Florencio Abad yesterday said senators and congressmen cannot escape responsibility for the misuse of their pork barrel funds.
He said ultimately, it is the lawmakers who allocated the funds and officials of the implementing agencies who have to account for the money and how the lawmakers’ projects were implemented, including their choice of NGOs, if these are the project implementers.

Wednesday, August 28, 2013

18 million Filipinos live below P50/day, says ADB study

By Cai U. Ordinario
BusinessMirror
The percentage of the Philippine population considered to be poor is higher than the Southeast Asian average, based on a study of the Asian Development Bank (ADB) and the National University of Singapore (NUS), titled Ending Asian Deprivations.
The report said around 17.71 percent of the populace, or close to 18 million Filipinos—based on the estimated 98 million Philippine population—still live below $1.25 a day (about P50), which is the internationally accepted poverty line.
This is depressing considering that the combined wealth of the 50 richest families in the country already equaled 25 percent of Philippine gross domestic product (GDP).
“Asia’s future prosperity will only be assured if countries continue the fight against poverty and other areas
of deprivation, and this will require proactive state intervention,” ADB Strategy and Policy Department Director General Kazu Sakai said in a statement.
“As the deadline for the Millennium Development Goals [MDGs] looms in 2015, this publication provides a timely reminder of the vast unfinished business in the region and the steps needed to end deprivation across the board,” Sakai added.
Using 2009 data, the report showed that income inequality in the country persists, as the number of those living under $1.25 per day in rural areas are significantly higher at 23 percent than the 12.13 percent in urban areas.
In Southeast Asia, those living below $1.25 per day comprise 14.9 percent of the region’s population, lower than the 17.71 percent recorded in the Philippines. Only Thailand and Vietnam beat the Southeast Asian average with 0.24 percent and 13.88 percent of its population living below the poverty line.
The study also stated that around 16.75 percent of the rural population in Southeast Asia are living below the poverty line, while only 12.64 percent of the urban population live below $1.25 per day.
Only Thailand had a lower proportion of their population in rural areas, at 0.32 percent, living below $1.25 per day compared to the whole of Southeast Asia.
In terms of the proportion of urban population that is living below the poverty line, Thailand, Vietnam and the Philippines beat the regional average by posting lower rates of 0.09 percent, 3.27 percent and 12.13 percent, respectively.
“Although the poor are everywhere in Asia and the Pacific, some countries have more severe rates of extreme poverty than the Asia and the Pacific average, exceeding one-quarter of the population. These include the South Asian countries of Bangladesh, India and Nepal; Cambodia, the Lao People’s Democratic Republic and Timor-Leste in Southeast Asia; and Papua New Guinea in the Pacific,” the study stated.
These countries—along with five others with large populations in poverty (although with lower rates of poverty than the regional average) China, Indonesia, Pakistan, the Philippines and Vietnam—account for almost all of the extreme poor in Asia and the Pacific, it added.
The ADB said that despite a sharp reduction in income poverty in recent decades, a fifth of Asia’s population still lives in extreme poverty. If the highly vulnerable who can easily revert to extreme poverty are included, this figure could rise to one in two.
Further, the Manila-based multilateral development bank said many countries would likely fall well short of achieving the MDGs, particularly in areas such as basic sanitation, underweight children, infant and maternal mortality, while growing income gaps and other forms of inequity are becoming increasingly acute.
To solve the problem, the ADB said new approaches should be considered to make growth more inclusive and for countries to employ effective state action in areas such as skills development, delivery of quality education, and incentives for entrepreneurs that can be carried out through institutional improvements and partnerships with the private sector and civil society.
The ADB said policy-makers also need to do more to create conditions for more small- and medium-sized enterprises—a key jobs generator—to flourish, and to reduce the informal sector through actions such as improved property rights and access to finance.
Other areas where the state needs to increase support include infrastructure, improving urban environments, social-protection programs, and the removal of gender inequities and labor-market rigidities to boost employment opportunities.
The ADB earlier estimated that rolling out the needed infrastructure for cross-border connectivity would deliver benefits equivalent to about $13 trillion for developing Asia in the decade up to 2020 and beyond.
“The dominant challenge is to ensure an acceptable and decent level of living and functioning for all of Asia’s citizens. This would require immediate and urgent attention to removing all major deprivations suffered by populations across Asia; however, even when it is agreed that the ultimate aim should be to drastically reduce Asia’s major deprivations, an agreed-upon list of such deprivations will be difficult to develop,” the study, however, stated.

200 lawmakers in ‘pork’ mess

By Michael Punongbayan 
The Philippine Star
KAHINDIK-HINDIK: Commission on Audit head Ma. Gracia Pulido-Tan holds a copy of a special report by government auditors on how senators and congressmen used their pork barrel between 2007 and 2009 during a press briefing yesterday. BOY SANTOS
KAHINDIK-HINDIK: Commission on Audit head Ma. Gracia Pulido-Tan holds a copy of a special report by government auditors on how senators and congressmen used their pork barrel between 2007 and 2009 during a press briefing yesterday. BOY SANTOS
MANILA, Philippines – At least 12 senators and around 180 congressmen, through the Department of Budget and Management (DBM), funneled P6.156 billion in pork barrel funds to 82 questionable non-government organizations (NGOs) from 2007 to 2009.
Commission on Audit (COA) Chairman Ma. Gracia Pulido-Tan, baring the results of a two-year special audit yesterday, said 10 of the dubious NGOs had links to controversial businesswoman Janet Lim-Napoles, while six had links to sponsoring lawmakers through relatives.
Tan mentioned that there were only 12 senators, but the 135-page COA report mentioned 15.
Among congressmen who are normally allotted from P30 million to P70 million a year for projects they earmark for implementation, one – Manuel “Way Kurat” Zamora of Davao del Norte’s 1st District who is now Compostela vice governor – received some P3 billion, Tan told a news conference.
The DBM even released P20 million in Priority Development Assistance Funds (PDAF) or the pork barrel to a nonexistent or “ghost” lawmaker, a certain Luis Abalos.
From 2007 to 2009, 74 lawmakers exceeded their pork barrel allocations by hundreds of millions. Each senator gets P200 million a year in PDAF.
Congressmen were found to have used their pork barrel for projects outside their legislative districts. COA auditors uncovered grossly deficient projects, dubious beneficiaries and the use of questionable receipts.
Tan said state auditors, following up the listed addresses of dubious NGOs, found shanties, condominium units and expensive private residences.
The COA chief refused to name names, but the report linked to questionable fund releases Senate Minority Leader Juan Ponce Enrile; former senators Edgardo Angara, Juan Flavier, Ramon Magsaysay Jr., Manuel Villar, Juan Miguel Zubiri, Aquilino Pimentel Jr., Francis Pangilinan and Rodolfo Biazon; and Senators Alan Peter Cayetano, Jinggoy Estrada, Gregorio Honasan, Lito Lapid, Miriam Defensor-Santiago and Ramon “Bong” Revilla.
Enrile has said his signature was faked on a document wherein he is requesting the release of funds to a questionable NGO.
From 2007 to 2009, the COA validated P32 billion of about P101.6 billion that was released by the DBM for soft projects nationwide, P12 billion for hard or infrastructure projects, and P2.36 billion for financial assistance to local government units (LGUs) and budgetary support for government-owned and controlled corporations (GOCCs).
The special audit covered the Department of Agriculture (DA), Department of Public Works and Highways (DPWH), Department of Social Welfare and Development (DSWD), Technology and Livelihood Resource Center (TLRC), National Livelihood Development Corp. (NLDC), National Agribusiness Corp. (NABCOR), and the Zamboanga del Norte Agricultural College Rubber Estate Corp. (ZREC).
The probe also covered the city governments of Mandaluyong, Manila, Quezon City, Taguig, Las Piñas, Tabaco, Iriga, Naga and Panabo; and the provincial governments of Tarlac, Bataan, Nueva Ecija, Compostela Valley and Davao Oriental.
Tan said the agencies were selected for audit based on the magnitude of releases to them as gleaned from the National Expenditure Program (NEP).
“A total of P6.156 billion was transferred by the agencies to 82 NGOs. This came from the PDAFs of 12 senators and around 180 representatives,” she declared, citing the audit team’s findings.
“Ten of the NGOs, which received a total of P2.157 billion, are presently linked to Janet Lim Napoles. Six other NGOs, on the other hand, which received a total of P189 million, were found to have included the legislators whose PDAF was transferred to the NGO, or a relative, as incorporator (or) officer,” Tan said.
About P1.393 billion went to infrastructure projects funded from the VILP (Various Infrastructures including Local Projects) component of the PDAF, from the allocations of three senators and six congressmen.
Releases to LGUs for soft projects, on the other hand, amounted to P2.034 billion, funded from the allocations of 14 senators and about 33 congressmen identified from the records of the audited agencies, and some others who were not identified.
DBM failure
Citing the audit report’s findings, Tan said the DBM failed to efficiently monitor and keep proper records of the fund releases of each legislator. The DBM could not provide a complete schedule of releases despite repeated requests.
“The commission thus relied on records of the agencies themselves, and documents obtained from the DBM. These showed that 74 legislators significantly exceeded their respective allocations, with several by hundreds of millions, and one by almost P3 billion,” she said.
The COA report also bared that funds were released for projects outside the legislative districts of sponsoring congressmen. There were no endorsements from the supposed recipient agencies, in violation of the DBM’s own rules.
There was also no assessment of the agencies’ capabilities to implement the projects, which means the releases were made essentially at the behest of the sponsoring legislators.
Implementing agencies, Tan noted, simply transferred the funds to the NGOs identified or selected by the legislators. This runs counter to the rules of the Government Procurement and Policy Board.
No bidding
“Even assuming the existence of appropriation or ordinance, the NGOs were not selected through competitive bidding as required by the resolution. The agencies merely relied on the endorsement of the legislators, some of whom denied their participation or signatures in letters and documents,” Tan said.
“The agencies barely monitored the projects, if at all. Nonetheless, some agencies charged a management fee of about three percent of alleged project cost,” she added.
Tan said the projects were found to be “grossly deficient in many ways, casting doubt on whether they were carried out at all, much more in the magnitude claimed by the NGOs.”
Many of the NGOs were found to be “of dubious existence,” she said – “either unknown or could not be found at their given addresses, or have given non-existent addresses, or were traced to mere shanties or high-end residences, which turned out to be the residences of their owners/officers.”
There was no public bidding for the NGOs’ multibillion-peso procurements and many suppliers were the same for most of the groups.
“Some purported suppliers denied transacting with the NGOs, or confirmed for much lesser amounts. Some were also without business permits or not registered with the (Securities and Exchange Commission), issuing dubious receipts, and were managed or owned by the same persons,” Tan said.
Split contracts
To evade auditing rules, contracts were split into smaller ones. Around 90 projects were found to be either not utilized or fully utilized, or in a state of deterioration.
Auditors found that 54 projects costing P161.5 million were constructed on private lots without any document showing the turnover of the properties to the government.
Financial assistance and other charges in the local governments’ disbursements, amounting to P1.29 billion, involved several procurements that did not comply with the procurement law. Transactions were denied by purported suppliers, or else the suppliers were of dubious existence. Goods purportedly procured could not be accounted for.
Recommendations
Tan said the COA issued a host of recommendations, including the issuance by the DBM of specific and stringent guidelines on the utilization of PDAF and the participation of NGOs.
The COA also recommended that legislators limit their participation in the PDAF to identification of projects, and ensure that the projects are eligible under the terms and provisions of the General Appropriations Act.
Congressmen were urged to limit project coverage within their respective districts or sector.
On NGOs, she said the COA could only recommend their blacklisting and the immediate investigation of all persons involved for the filing of appropriate administrative and criminal charges.

Assets of two Napoles firms soared in 2012, SEC records show

By JAKE C. SORIANO
GMA News Research
“Ironically, their business started sa pork: baboy, baka, manok. Ironic that now, she is blamed for everything,” lawyer Lorna Kapunan said in a television interview this week to explain the wealth of her client, embattled businesswomen Janet Lim-Napoles.
She said Napoles, who has been implicated in a P10-billion pork barrel scam, inherited “a small fortune” from her mother and invested it in a business venture. “Trading na ang company niya. The name here is JLN,” Kapunan told GMA’s News To Go host Howie Severino last Tuesday.
Government records show that JLN Corporation was registered with the Securities and Exchange Commission (SEC) in 1999 to engage in the business of trading marine supplies and construction materials. With a P5-million capital stock, the company lists Janet Napoles as one of its five incorporators and her husband, former military officer Jaime Napoles, as the company’s board chair.
It is the same company that whistle-blower Bernard Luy, a cousin of Napoles and former employee of the firm, has implicated in anomalies involving the Priority Development Assistance Fund (PDAF), or pork barrel, of several lawmakers. The National Bureau of Investigation is looking into Luy’s claim that the company was tapped as a conduit for funds allocated to government projects that turned out to be non-existent.
On paper, JLN Corporation appears to have hit the jackpot in the last two years or so, with its total assets in 2012 soaring to P92 million from P28.67 million in 2011. Based on available records at the SEC, the company’s total equity also increased dramatically, from only P5.6 million the previous year to P33.66 million last year.
Another Napoles company, JCLN Global Properties Development Corporation, registered an even bigger spike in 2012. The total declared assets of the real estate company, whose president and board chair is Janet’s son James Christopher, amounted to P180.69 million last year, more than eight times the amount in the previous year which was only valued at P21.04 million.
The acquisition of land and buildings accounted for the sudden increase in the company’s fixed assets, based on its 2013 general information sheet (GIS). During the same period, JCLN Global’s total stockholder’s equity also jumped significantly, from only P10.87 million to P94.31 million.
Janet-Lim-Napoles-JLN-Assets-graph
Janet-Lim-Napoles-JCLN-Assets-graph
9 out of 24 companies non-operational
But the good fortune of the Napoles family appears to be limited to the two companies. Their other business ventures were not as lucky last year, based on their corporate records filed with the SEC.
Aside from Janet and her husband, their children Jo Christine, James Christopher, and Jeane are involved in at least 24 stock corporations, most of which are less than a decade old.
Janet-Lim-Napoles-corporations
In what seems to be a flurry of corporate activity, half of the companies were only created starting in 2010. Based on SEC records, the family appears to be engaged in a wide variety of businesses — from trading and lending to mining and quarrying, food, parking management, and even publishing and travel services.
Last year, however, nine of the 24 Napoles companies submitted affidavits of non-operation. Three other companies did the same early in their corporate existence but one of them, JCLN Global Properties, appears to have bounced back in spectacular fashion with its huge increase in assets last year.
Twelve of the companies have the same business address, at the Discovery Centre in the Ortigas Business District. A receptionist there told GMA News that only JLN Corporation used to have its office in the building.
Riches from coal business?
One of the companies that had no operations in 2012 is Asia Star Power Resources Corporation, which had retired AFP Chief of Staff General Hermogenes Esperon as one of its incorporators along with Jo Christine and James Christopher Napoles. Named as board chairman was Janet’s husband Jaime.
Esperon told GMA News that Asia Star “was a legitimate business to trade coal from Indonesia” and that he was elected president and CEO when the company was set up in 2011. However, he resigned in July the same year despite his hard work in setting up the business, saying the coal venture fell apart when Janet Napoles failed to provide financing for the business.
“I sensed that the principal financiers would not take necessary risks and would not come out with the required capital and operating funds,” Esperon said in an interview with GMA News, after his name came up in a list of former government officials that were involved in several Napoles companies.
In a previous interview with GMA News, Janet Lim-Napoles had said much of their wealth comes from a coal business in Indonesia. In her recent GMA News To Go interview, Kapunan refused to name the company, purportedly to protect its Indonesian shareholders.
But according to Esperon, if the Napoleses indeed succeeded in the coal venture, the company there could not have been more than two years in operation.
In an April 2012 filing, Asia Star stated that since its registration in 2011, the company has not conducted any business activity. Nevertheless, that has not stopped another military officer from taking on Esperon’s former position.
The coal company’s 2013 general information sheet shows that former Vice Commander of the Philippine Army Ricardo Brillantes has been named its president and CEO, while former AFP chief Efren Abu serves as director and vice president for operations. – with reports from Jamaica Jane Pascual/YA, GMA News Research
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RELATED STORY:

CA freezes accounts of Napoles, her family, and NGOs

By Mark D. Merueñas
GMA News 
(Updated 7:05 pm) The Court of Appeals (CA) has frozen the accounts of embattled businesswoman Janet Lim Napoles, her family, and all non-government organizations connected to her and her business, JLN Corp.
Justice Secretary Leila de Lima, in a text message to reporters Friday, said the freeze order was requested by the Anti-Money Laundering Council and the Office of the Solicitor General.
“Acting on the Petition filed by AMLC thru OSG, a Freeze Order was issued today by CA covering the accounts and related web of accounts of Janet Lim Napoles, family members, other relatives and staff, as well as those of the NGOs identified with JLN, effective for a period of 6 mos,” De Lima said.
Napoles, in hiding after a Makati court issued an arrest warrant against her and her brother over a serious illegal detention case, is implicated in the P10-billion scam involving the pork barrel funds of several lawmakers.
She has denied the accusation, saying her riches came from her trading company and a legitimate coal business in Indonesia.
Records from the Securities and Exchange Commission show that JLN Corporation’s assets soared to P92 million in 2012, more than three times the amount in previous years, according to a report from GMA News Research.
Another Napoles company, JCLN Global Properties Development Corporation, registered an even bigger spike with total declared assets amounting to P180.69 million last year, more than eight times the amount in the previous year.
‘Clearly despotic’
Sought for comment, the lawyer of Napoles welcomed the assets freeze on the various NGOs being linked to the fugitive businesswoman.
“Maganda nga na ma-freeze ang sa NGOs, para lumabas ang mga tunay na may-ari niyang mga iyan at mapatunayan namin na hindi talaga iyan kay Mrs. Napoles,” legal counsel Lorna Kapunan told GMA News Online.
However, she condemned the assets freeze on the bank accounts of Napoles, her family, and other relatives.
“This shows that Sec. De Lima has exceeded her bounds. This is clearly despotic! She should be giving us the benefit of the doubt,” Kapunan said.
The lawyer insisted that the freeze on Mrs. Napoles’ personal assets was tantamount to “confiscation of properties,” saying none of her client’s accounts is the subject of any ongoing government investigation.
Kapunan also lamented the lack of communication between government agencies and the Napoles camp.
“As usual in-anounce na naman niya sa media even before informing the counsels,” Kapunan said.
Earlier, Kapunan complained that De Lima had announced the issuance of the warrant of arrest against her client to the media even before the lawyer found out about it.
“It’s becoming clear, the pattern here. We were the last to know and this AMLC investigation, it’s part of due process that concerned parties should be informed,” she added. — KBK/YA, GMA News
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RELATED STORY:

De Lima mulls bounty for Napoles, brother

By MARK D. MERUEÑAS
GMA News 
The government is studying the possibility of putting a bounty on controversial businesswoman Janet Lim-Napoles and her brother, who were both ordered arrested over serious illegal detention charges.
Justice Secretary Leila de Lima told reporters on Friday that she would first have to “consult with the National Bureau of Investigation” on possibly offering reward money for any information that could lead the the siblings’s arrest.
The NBI, which is under the Department of Justice (DOJ), is on a nationwide manhunt operation against Napoles and her brother, Reynald Lim, who are accused of illegally detaining Benhur Luy, the whistleblower in the P10-billion pork barrel scam, where Napoles is implicated.
De Lima said she’ll wait for 24 to 48 hours before coming up with a decision as advised by the NBI.
“As of (Thursday), when I consulted the NBI officials on the propriety and necessity of offering reward money, they said we should wait for developments first in the next 24 or 48 hours,” she said.
The NBI has deployed a dozen teams to track down the siblings, even as the regional offices of the NBI have been tapped to help.
Tension at Manila Yacht Club
In a related development, tension briefly gripped the Manila Yacht Club in Manila on Friday after NBI agents looking for Napoles there were denied entry to the premises.
An NBI team, acting on a tip, tried to enter the MYC but security told them they had no prior coordination, radio dzBB’s Carlo Mateo reported.
De Lima has earlier urged the public to help authorities in looking for Napoles and Lim, stressing that a “citizen’s arrest” could be invoked to allow private individuals to collar the fugitives.
Security personnel eventually let the NBI agents in, but the search turned out negative.
Benhur Luy
Napoles and Lim were accused of holding Luy against his will inside a condominium unit in Taguig City for three months, or from December 2012 to March 2013.
Napoles is at the center of a scam in which pork barrel funds — or Priority Development Assistance Fund (PDAF) —are funneled to non-existent foundations that she allegedly runs. She and the lawmakers, from whom the funds came, are said to split the money through a 70-30 share, with the lawmakers getting the bigger share.
Meanwhile, De Lima described as “premature” a petition filed Friday morning by the camp of Napoles asking the Court of Appeals to stop the arrest order and invalidate the case lodged against her by the DOJ.
De Lima said instead of running to the CA, Napoles should have first brought up her concern to the Makati coirt that issued the arrest warrant. She said she is confident the petition would be dismissed for being premature. — KBK, GMA News

Napoles, Revilla sons are business partners

MANILA, Philippines – After he was named as one of the lawmakers linked to the alleged pork barrel syndicate run by Janet Lim-Napoles, Sen Ramon “Bong” Revilla Jr has not addressed the question of his relationship with Napoles.
The senator has only said his name was being dragged into the controversy by people who want to derail his possible bid for a higher position in the 2016 elections. Rappler previously published photographs of him and another senator, his close friend Jinggoy Estrada, partying with Napoles and their relatives.
Revilla might be better off admitting their links.
Securities and Exchange Commission (SEC) documents show the senator’s eldest son Leonard Bryan Bautista co-owns a business with Napoles’ son, James Christopher Napoles, and her nephew Ronald Lim Jr.
James Napoles also has prominent business partners in other companies, based on SEC records, such as Fernando Martin "Borgy" Marcos Manotoc, son of Ilocos Norte Gov Imee Marcos, and TV host Raymond Gutierrez. (In an Inquirer story in April 2012, the 30th wedding anniversary of the Napoles couple, Borgy Manotoc was reported to be among the guests. He was described in the story as a good friend of Bryan Revilla whose real name is Leonard Bryan Bautista.)
The company owned by Bryan Bautista and James Napoles, PB & J Corp, was incorporated on Jan 1, 2011, or 6 months after Sen Revilla (real name Jose Mari Bautista) was re-elected senator and his wife Lani Mercado Revilla (Bryan’s mother) was elected congresswoman of Cavite’s first district.
Other incorporators are Philip Cambe and Darwin Chester Cruz.
No financial filings
The company is engaged in “wholesale and trade,” according to its SEC registration. It holds office at the Mezzanine Cavite Coliseum, which is within the commercial complex owned and operated by the Revilla family along Aguinaldo Highway in Bacoor, Cavite, across the street from the mansion of the patriarch, former Sen Ramon Revilla Sr.
PB & J Corp registered with P5 million in capital stocks. Bryan Bautista has the most number of shares with 5,000, followed by James Napoles with 4,750. The third biggest number of shares is with Philip Cambe, 2,500.
Darwin Cruz and Ronaldo Lim Jr seem to hold token shares, with 125 each.
The company has not filed any financial statement with SEC since. Companies are required to file one with the SEC every year.
Whistleblower Benhur Luy, who kept records of Napoles’ supposed transaction with lawmakers, said that P1.017 billion of Sen Bong Revilla’s Priority Development Assistance Fund (PDAF) from 2006-2011 went to non-governmental organizations formed and controlled by Janet Lim-Napoles. (Luy has accused Napoles of detaining him. The National Bureau of Investigation rescued Luy in March from Napoles' residence at Pacific Plaza Towers in Taguig. On Wednesday, August 14, a Makati court ordered the arrest of Napoles and her brother Reynaldo Lim in connection with Luy's complaint.)
The fund, coursed by lawmakers through various implementing agencies, was allegedly not spent on projects but instead split between Napoles and the lawmakers, Luy said.
Rappler checked state audit reports for 2007-2011 that covered the government-owned National Agri-Business Corp, one of the agencies through which Napoles’ NGOs accessed lawmakers’ PDAF.
The Commission on Audit found questionable the release of P9.7 million of Revilla’s PDAF to the St James the Apostle Multi-Purpose Cooperative. This was despite its failure to comply with the requisites for entitlement to government funds. The group could not be immediately linked to Napoles, however. There are no SEC records of its creation.
Partner to the stars
James Napoles has 4 other active companies under his name, according to SEC records. None of them has filed annual financial statements, as required by the SEC.
SEC documents on the Napoles family’s businesses also reveal business partnerships with popular people.
James Napoles and his sister Jo-Christine – the one who withdrew her nomination with the OFW Party List – are business partners with “Borgy” Marcos Manotoc. They formed Hashlab Inc, which is engaged in advertising, on March 19, 2012.
James and Jo-Christine also formed a public relations company with TV host Raymond Gutierrez. The Lead PR Inc was registered on April 3, 2012.
Gian Paolo Carlo “DJ Jon” Herrera is a co-owner, along with James Napoles siblings, of two companies: D Urban Retail Concepts Inc (wholesale) and Socal Holdings Inc (financial holdings), formed on Nov 16, 2011 and July 9, 2013, respectively.
Jo-Christine Napoles is also an incorporator of D Urban Retail Concepts, while DJ Jon’s wife, model and host Patricia Kristina “Patti” Grandidge, is also an incorporator of Socal Holdings. – Rappler.com

Tuesday, August 27, 2013

They’re boasting Ochoa gets P10 million monthly

By RIGOBERTO D. TIGLAO
THE MANILA TIMES
President Aquino lashed out at and shamed the Bureau of Customs in his state of the nation address because of persistent complaints by his business supporters that corruption at the agency is now worse even than during convicted President Estrada’s short-lived regime.
One clear indication of this is that a shadowy Chinese businessman known to be one of the major jueteng lords during Estrada’s administration has become one of the top godfathers in Customs, the go-to person if an importer needs to clear his shipment fast, and cheaply.
I’ve always been cynical over purported whistle-blowers, as they always have an ulterior motive, often to hit back at the person they’re allegedly exposing for some perceived injury. Journalists, especially columnists, often get these anonymous letters and emails alleging instances of corruption when the letter-writer merely wants to remove this official who has slighted him or has refused to give him a promotion.
However, I make an exception of the email below sent to me last week, which I’ve translated loosely from the Pilipino original. Firstly, the writer’s motive is quite transparent. But that explains why he would write the letter. Secondly, from my knowledge of the Customs bureau and the lingo used there, he does seem to know what he is talking about.
However, I’ve used code initials for the Customs officials and deleted the names of the offices the writer is referring to, to be fair to them. If they feel they are alluded to, I’d be glad to publish in this column their side.
“We small brokers condemn Deputy Commissioner M’s continuing extortion through his greedy Chief of Staff Atty. B and his bagman O.
“What’s painful for us is that two different bribes are demanded for one container: a minimum of P20,000 each for two different bureau of customs’ offices, even if both are under Deputy Commissioner M.
“If a broker doesn’t pay the P20,000 each to the two offices, his shipment is put on hold. If he doesn’t fork over the money, his shipment will be delayed so that the storage fees will amount to more than the value of the shipment. Worse, he could be charged with smuggling to make an example of him to others.
“These officials aren’t content with their extorted dirty money so they’re going themselves into the brokering business, and demanding that importers shift to a brokerage firm owned by one of the official’s girlfriend and his brother.
“These two officials recently cleared the shipment brokered by the girlfriend which contained luxury cars including a Land Cruiser, a Range Rover, and a Ferrari at the Port of Davao, and the taxes and duties paid amounted to only P375,000.
“Worse, this group is exploiting the cases investigated by a Finance Department’s unit, Run After the Smugglers (RATS), by demanding millions of pesos from accused brokers and importers if they want their cases to be dismissed in the courts.
“They do this by selling the originals of important documents that are evidence of the smuggling attempt, so the courts would have no choice but to dismiss the cases. That’s the reason most cases filed by RATS in court have been dismissed. This happened in a big case involving oil smuggling.
“This deputy commissioner and his chief of staff are so bold that they are seldom seen in their offices but hang out at the Manila Hotel or at Hyatt (Regency) Hotel, where they negotiate with brokers for their bribes.
“The deputy commissioner in his short period in the post has become so rich that he is building a mansion in a town in Ilocos Sur. His chief of staff on the other hand is building his mansion in Isabela. The bagman on the other hand recently bought a condominium at Ocean Tower along Roxas Boulevard, while his girlfriend bought hers on a different floor.
“The two are boasting here at Customs that they are giving Executive Secretary Ochoa P10 million monthly. As a result Ochoa’s reputation here is so bad, even if they’re probably just using his name. “
The last sentence is actually difficult to translate in to English:
“Wala po silang katinag-tinag dahil sa lakas ng kanilang padrinong si Executive Secretary Paquito ‘Jojo’ Ochoa na pinagkakalandakan nilang binibigyan nila ng P10 milyon monthly payola. Gasgas na gasgas na nga po ang pangalan ni Executive Secretary gayong sila ang mas nakikinabang sa pangongotong nila.”
I doubt the boast of those corrupt Customs officials. When I was in government, even if I only had a staff position, I found out later that so many scalawags were dropping my name, and of other officials in top positions then.
I do hope that these officials boasting would enrage Aquino and Ochoa so much that they’d really act against rather than just talk about corruption in Customs.
One clear way of doing this is to undertake real – and not just-for-media — “life-style checks” and investigate Customs officials’ wealth, which most corrupt officials are too careless or too bold to hide.
If their assets are obviously not the result of their government salaries (the highest of which, including all emoluments, would amount monthly to just P45,000), they can be immediately fired and charged under existing laws and regulations.
It was the weapon of life-style checks undertaken by its Independent Commission Against Corruption that rid Hong Kong of its infamous rampant corruption in the late 1970s and 80s.
When I was Presidential Chief of Staff in 2001 to 2002 in President Gloria Macapagal-Arroyo’s administration, we organized a so-called “Transparency Group” that undertook these lifestyle checks effectively, with about a dozen top officials in three departments forced to resign or against whom graft charges were filed. This approach was institutionalized in the Finance Department under its Revenue Integrity Protection Service (RIPS) created in 2003 through Arroyo’s Executive Order No. 259, and in a similar unit in the Office of the Ombudsman.
Customs Commissioner Rozzano Rufino Biazon last week claimed that there “is an ongoing ‘lifestyle check’ among Customs personnel and this has resulted in the dismissal of several officials and employees the past several months.”
Really? Only the following Customs staff have been reported under Aquino’s administration to have undergone the life-style check and failed:
• Reported in February 2011, and undertaken by the Finance Department’s RIPS: Raul Enriquez, a guard at the Customs House at the Ninoy Aquino International) in Pasay City whose salary was P100,500 a year but was found to have assets worth P5.4 million.
• Reported June this year undertaken by the Ombudsman, Collector IV at the Port of Cebu Maximo Dela Peña Reyes, who could not explain his wealth of P89 million.
That’s it, after three years under Aquino: two customs men lifestyle checked and failed it.
I dare Ochoa and Aquino to:
Undertake a life-style check on Biazon himself, all his deputy commissioners (including the House Speaker’s brother Ricardo Belmonte of course), all port collectors, and the chiefs of staff of all these officials. Set up a section on their website containing their Statement of Assets and Liabilities, and Net Worth, and invite the public to email, regular mail, or text tips on these officials’ assets. Inform the public through this site the results of these life-style checks.
That would certainly prove that Aquino is dead serious in his tuwid na daan, and that it is preposterous to allege that Ochoa is getting P10 million monthly from corrupt customs officials.
tiglao.manilatimes@gmail.com
www.rigobertotiglao.com and www.trigger.ph