Wednesday, February 13, 2008 DOJ forms fact-finding team to name graft laws violators
THE Department of Justice (DOJ) yesterday formed a panel of prosecutors that will conduct a fact-finding investigation to identify the people liable for violations of anti-graft and procurement laws in relation to the US$329 million national broadband network (NBN) deal.
Justice Secretary Raul Gonzalez Sr. formed the panel following the disclosure in the Senate of ZTE-NBN whistleblower Rodolfo Noel Lozada Jr., technical consultant for the project, naming several ranking officials and individuals as brokers of the controversial broadband contract.
Among those that Lozada had named is former Commission on Elections chairman Benjamin Abalos Sr.
Heading the fact-finding panel is Undersecretary Ernesto Pineda, with members Assistant Chief State Prosecutors Severino Gana and Miguel Gudio, City Prosecutor Emilie Fe delos Santos and Senior State Prosecutor Aileen Marie Gutierrez.
The panel shall also be assisted by Undersecretary Vicente Salazar in determining all concerned persons, officials and witnesses to be invited or subpoenaed as resource persons, and in assessing all testimonial and object evidence gathered in the panel proceedings.
Gonzalez said the findings of the panel will be preparatory to a preliminary investigation and other prosecutorial proceedings, if evidence warrants, before the agencies/tribunal of competent jurisdiction.
He also directed the National Bureau of Investigation (NBI) to render appropriate resource and groundwork assistance to the panel to expedite the proceedings.
“The panel shall submit its investigation report and recommendations directly to this Office for consideration within 30 days from the effectivity of this order. This order takes effect immediately and shall remain in full force until further orders,” said Gonzalez in his order.
The constitution of the panel was pursuant to a memorandum from Executive Secretary Eduardo Ermita dated Feb. 7 to the DOJ to find out those who may be liable for violations of Republic Act (RA) 9184, or the Government Procurement Reform Act, and RA 3019 or the Anti-Graft and Corrupt Practices Act in connection with the NBN deal.
The Court of Appeals 17th Division is set to hear tomorrow the petition for the writ of amparo filed by Lozada’s brother, questioning the legality of the NBN witness’ alleged “kidnapping” on Feb. 5 upon his return at the Ninoy Aquino International Airport from a trip abroad.
During Senate hearings, Lozada said the ZTE-NBN contract was overpriced by at least 20 percent, while Abalos was supposed to get US$130 million as commission for brokering the approval of the contract.
Gonzalez earlier said that aside from Lozada and Abalos, those who shall be called to give their statements were Commission on Higher Education chairman Romulo Neri and businessman Jose “Joey” de Venecia III, son of ousted House Speaker Jose de Venecia Jr. (Sunnex)
