Just New Warrior

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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