SANDIGAN SAYS GMA CAN'T TESTIFY VS. NERI; GMA CITED RIGHT TO REMAIN SILENT
[PHOTO AT LEFT - Former SSS chief Romulo Neri testifies against former Comelec chairman Benjamin Abalos yesterday. BOY SANTOS]
MANILA, OCTOBER 29, 2010 (STAR) By Michael Punongbayan – The Sandiganbayan yesterday ruled that former President Gloria Macapagal-Arroyo could not be a witness for the prosecution against her former socioeconomic planning chief Romulo Neri in the approval of the controversial $329-million national broadband network (NBN) contract.
In a four-page ruling, the Sandiganbayan's Fifth Division granted the motion of Arroyo to quash the subpoena compelling her to appear as a witness for the prosecution against Neri.
Arroyo, now a Pampanga representative, cited the provisions under the Constitution over her right to remain silent and refuse to take the witness stand.
Her lawyers Estelito Mendoza and Jose Flaminiano said the prosecution cannot present the former president as a witness against Neri since she herself is also being investigated over the case.
Government lawyers argued Arroyo is not a respondent in the case. They said Arroyo can choose not to answer incriminating questions while at the witness stand.
Prosecutors had called on Arroyo to testify against Neri for approving the NBN contract with Chinese telecommunications firm ZTE Inc.
The Sandiganbayan, however, noted Arroyo, as the former chief executive, is among those being questioned over the approval of the controversial contract.
"It is clear that the movant (Arroyo) is being investigated in matters related to the NBN-ZTE deal. There is no question that movant is being accused of having committed illegal acts in connection with the NBN-ZTE deal, and that these alleged illegal acts are subject of investigation in different venues," the anti graft court said.
The Sandiganbayan noted Arroyo is under investigation by the Department of Justice (DOJ) over the same issue.
A complaint was filed against Arroyo last year but was dismissed by the Ombudsman citing her presidential immunity from suit. The same issue is under question before the Supreme Court (SC).
Arroyo, for her part, expressed relief over the ruling of the Sandiganbayan, her spokesperson said.
"We're glad that the Sandiganbayan sustained former President Gloria Macapagal-Arroyo's position," her spokesperson Ma. Elena Bautista-Horn said.
"The decision only showed that we were right all along," she said.
Horn said she sent a text message to Arroyo informing her of the Sandiganbayan's ruling. She said Arroyo was in Pampanga when the ruling came out.
Horn said Arroyo has never lost her focus on her work as Pampanga representative even during the hearings over the case.
"But of course that issue is one less thing to handle for her," Horn said.
Government lawyers, on the other hand, are planning to question the Sandiganbayan ruling favoring Arroyo before the SC.
"We will go to the Supreme Court by way of a Petition for Certiorari," Deputy Special Prosecutor John Turalba said.
Since the prosecution was not allowed to call Arroyo to the witness stand, government lawyers presented the records custodian of the Senate during the hearing yesterday.
The STAR columnist Jarius Bondoc also took the witness stand against Neri.
Director III Antonia Barros of the Senate Legislative Records and Archives Services testified on the authenticity of the documents pertaining to the Senate investigation into the NBN-ZTE deal in 2007.
The same records would be used as evidence against Neri during the trial.
Bondoc affirmed his testimony he had given before the Senate that investigated the issue.
He said Neri called him in the morning of April 20, 2007 after reading his article in The STAR regarding the NBN-ZTE deal. He said Neri called him up begging for more information regarding the deal.
Bondoc confirmed the contents of his affidavit in October 2007 in narrating what he learned from Neri about the allegedly anomalous contract.
He also mentioned what Neri had revealed to him that Abalos offered a P200-million bribe in exchange for the approval of the contract. He said Neri revealed to him that the bribe offer took place during a golf game at the Wack Wack Golf and Country Club in Mandaluyong.
Bondoc said Neri referred to the NBN-ZTE deal as "stinking" but this was ignored by the former president who pushed on to approve the contract.
Bondoc was cross-examined by Abalos' lawyers regarding his affiliations.
He admitted his wife Marissa is a relative of former Speaker Jose de Venecia Jr. whose son Joey was among those blew the whistle on the NBN-ZTE deal.
Bondoc though said Marissa is also related to the Abalos family as she has first cousins with the surname Abalos. - With Paolo Romero
Neri testifies on '200' bribe By Michael Punongbayan (The Philippine Star) Updated October 28, 2010 12:00 AM Comments (32)
[PHOTO AT LEFT - Former Comelec Commissioner Benjamin Abalos attends the continuation of the hearing on the ZTE-NBN deal at the Sandiganbayan's Fourth Division yesterday. BOY SANTOS]
MANILA, Philippines - Former socioeconomic planning secretary Romulo Neri reprised his allegation of bribery against former Commission on Elections chairman Benjamin Abalos during yesterday's Sandiganbayan hearing on the graft case against the retired polls chief in connection with the botched national broadband network deal between ZTE Corp. of China and the previous Arroyo administration.
For more than an hour, Neri testified how Abalos allegedly offered him a P200-million bribe in the middle of a golf game in early 2007 at the Wack Wack Golf and Country Club in Mandaluyong, supposedly for his endorsement of the $329-million NBN project. Neri was then director general of the National Economic and Development Authority or NEDA.
Neri made the same allegation before the Senate in September 2007 but he refused to divulge details citing executive privilege.
"Sec, may 200 ka dito," he quoted Abalos as telling him while they were in a golf cart. He said he took it to mean P200 million, based on how much was involved in the NBN-ZTE project.
When asked by Associate Justice Samuel Martires whether the "200" could have meant something else like 200 women, 200 golf clubs, or 200 golf balls, Neri replied that it was "my impression" that it was P200 million.
Neri said the first time he met Abalos was when the latter visited him in his office sometime in December 2006 or January 2007, during which the former elections chief invited him to a round of golf which he accepted.
Neri even told the Sandiganbayan how he had been "awed" by Abalos' golf skills.
Martires then asked Neri how he could have known that he was being bribed considering that he had no record of being corrupt.
Neri said he again saw Abalos during lunch with Chinese embassy officials at a Chinese restaurant at the Shangri-La Hotel in Makati City.
At this, Sandiganbayan Fourth Division chairman Justice Gregory Ong asked Neri why he, despite being "perceived to be a very honest man," again met with Abalos after supposedly being offered a bribe.
Neri said he had never expected to see Abalos or any ZTE officials in the lunch meeting. He said he had a quick lunch and left because the Chinese kept on smoking and had difficulty communicating in English.
Neri stressed that NEDA's function is only to assess a project and that it has nothing to do with project contractors.
Lozada's role
Neri also said that whistle-blower and personal friend Rodolfo Lozada had been consulted about the project but had never been an official consultant. He said they solicited Lozada's help because of his expertise in communications and information technology, having worked for IBM and Alcatel.
Neri was responding to Sandiganbayan justices' questioning regarding Lozada's being consulted on the NBN project solely on the basis of his "unverified" stint with the two firms.
The Arroyo administration, represented by then transportation and communications secretary Leandro Mendoza signed the NBN deal with ZTE on April 20, 2007 in Hainan, China. Then President Gloria Macapagal-Arroyo ordered the cancellation of the contract after accusations of irregularities surfaced.
With the cancellation of the project, the Supreme Court dismissed the petitions questioning the legality of the deal in July 2008, saying the petitions had become moot and academic.
'Mere assumption'
Reacting to Neri's testimony after the hearing, Abalos said he was "being charged now on a mere assumption."
"Can you convict somebody on a mere guess, on a mere assumption?" he asked. "You be the judge," Abalos said.
"Very clearly it was stated that it was merely his guess, it was merely his assumption," he said referring to Neri's testimony.
During the hearing, Abalos was shaking his head a number of times while listening to Neri's testimony. His lawyers declined to comment.
Meanwhile, the Sandiganbayan fined Neri P1,000 and reprimanded Abalos for breach in court decorum.
Neri was fined for not turning his phone off while inside the courtroom while Abalos was reminded to wear a tie next time he appears in court in a coat.
Neri's mobile phone made a beeping sound, apparently indicating a text message, shortly after the start of the hearing.
Fourth Division's Ong said that based on rules, Neri may choose to be fined or be jailed for 10 days. Neri opted for a fine.
"Don't worry, we will give you a receipt," Ong told Neri.
It was also Ong, a known stickler for court rules, who called the attention of Abalos to his improper attire.
"Next time, wear a tie," Ong told Abalos. At one point, Ong also asked an unidentified man to "sit properly" and avoid slouching.
"Even the justices have to pay fines if they forget to switch off their phones during a hearing," a court staff said. The money would go to the Judiciary Development Fund, according to the staff.
Before Neri could leave the witness stand for a 10-minute court break, Ong reminded him not to talk to anyone as he had not yet finished his testimony.
The prosecution, after presenting Neri, said they hoped to put The STAR columnist Jarius Bondoc on the witness stand today along with either lawyer Harry Roque or Oliver Lozano.
Also today, the Sandiganbayan's Fifth Division begins hearing the graft case against Neri with Lozada and another whistle-blower, businessman Jose de Venecia III as possible prosecution witnesses.
The court has not ruled yet on Mrs. Arroyo's motion to quash a subpoena requiring her appearance in future hearings.
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