MIRIAM TO OMBUDSMAN: PROBE MELAMINE SMUGGLING

Sen. Miriam Defensor Santiago, vice-chair of the Senate finance committee, asked Ombudsman Merceditas Gutierrez to investigate alleged smuggling of melamine-laced milk from China , and file the proper charges against officials responsible.

“That is part of the Ombudsman’s function of general investigation and monitoring,” she said.

Santiago said that in particular, the Ombudsman should investigate the “apparent complicity or incompetence” of the customs deputy commissioner for enforcement, the chief of the intelligence and investigation services, and the chief of the national customs police.

Santiago issued the instructions during the public hearing on the budget yesterday morning.

She also directed the Ombudsman to provide her with a list of high government officials or highly publicized public figures who have been charged, investigated, and prosecuted.

In the same hearing, Santiago asked Commissioner on Human Rights Leila de Lima to account for cash advances of some P23 million which were unliquidated as of 31 December 2007.

De Lima said that the cash advances included foreign travel, including 12 foreign trips last 2007 by former Com. Purificacion Quisumbing.

Santiago also questioned why there is a provision in the CHR budget of P7 million for subsidies and donations both in 2007 and 2008.

At the same hearing, Santiago asked ARMM Gov. Datu Zaldy Uy Ampatuan to account for unliquidated cash advances, including: P269 million in Basilan; P152 million in Sulu, P800,000 in Lanao del Sur, P31.6 million for Tawi-Tawi; and P78 million in Marawi City.

She asked the ARMM governor to furnish a complete physical inventory of plants, properties, and equipment in connection with which P242 million remains unaccounted for.

Santiago also pointed out that contrary to law, no public bidding was made for office supplies and equipment amounting to P52 million in Lanao del Sur, and amounting to P800 million in Marawi City .

The senator sid that ARMM schools remained the “worst performers” in the National Achievement Test for Grade 6 pupils, and asked the ARMM governor to arrange for construction of new classrooms.

News Release

9 October 2007

MIRIAM TO OMBUDSMAN: FILE COURT CASE AGAINST DE VENECIAS

Sen. Miriam Defensor Santiago, chair of the Senate finance subcommittee, in effect told Ombudsman Merceditas Gutierrez to proceed and file the anti-graft cases in the Sandigan court against the De Venecia father and son.

Santiago effectively made the recommendation during her committee hearing on the budget of the Ombudsman yesterday (Tuesday).

Santiago, a former RTC judge, cited the anti-graft law, Section 5, which provides in part that “it shall be unlawful for any relative within the third civil degree of the Speaker of the House of Representatives to intervene, directly or indirectly, in any business, transaction, contract, or application with the government.”

Santiago further quoted Section 6, which provides in part that it is unlawful for any Congress member during his term “to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him; or to recommend the initiation in Congress of any such law or resolution.”

Santiago said that apparently, the Ombudsman complaint filed by Atty. Roel Pulido constitutes a prima facie case (meaning, evidence good and sufficient on its face, unless contracted by other evidence), which is the threshold standard for a complaint to be entertained by the Ombudsman.

Santiago added that after the Ombudsman studies the complaint, it appears that there will be probable cause (meaning, a reasonable cause because there is more evidence for the case than against it), which in turn is the threshold standard for filing a case with the Sandigan court.

“As a former judge, I am impressed with Atty. Pulido’s complaint. It meets the two standards of prima facie evidence and of probable cause,” Santiago told media.

The complaint alleged that Joey de Venecia applied for and obtained a congressional franchise for his company, but concealed his own ownership.

The Speaker allegedly knew of his son’s interest in two companies, but concealed this information from the House.

“That the Speaker knew of his son’s business interests which were pending in the House is allegedly supported by the Speaker’s own public statement that his son is ‘the father of broadband in the Philippines,’” she said.

Santiago also said that the Speaker had made a public endorsement of his son’s bid for the broadband project.

The senator also cited her own interpellation during the Senate hearing, when transportation secretary Leandro Mendoza testified that it was the Speaker who organized a breakfast meeting between Mendoza and the son in the Speaker’s house.

“During the Senate hearing, the son admitted under oath that the Speaker similarly organized a breakfast meeting between him and Comelec chair Benjamin Abalos to discuss the ZTE deal,” Santiago said.

The senator added that in the Senate hearing, the son admitted that although his name does not appear in the incorporation papers of both companies, he actually owned or controlled them.

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