NBN witnesses set to undergo screening

May 15, 2008

A tight screening process for witnesses to the scandal-tainted and corruption-laced ZTE National Broadband Network whistleblowers is now de rigeur in the Senate prior to its presentation of witnesses at hearings yet to be scheduled.

But even as this appears to be a consensus among senators, there were fears raised that their insistence in having the witness provide an affidavit in advance for the legislators to examine and deem fit for a Senate hearing would merely provide Malacañang aides and allies the opportunity to know the identity of the witnesses in advance and work on the witness to recant, either through bribery or threats.

Such moves have been made in the past by Malacañang to ensure the cover-up of the crime.

Senate probers appeared to be in unison in subjecting potential witnesses to such “screening process” to prevent a repeat of the incident on the case of their most recent witness, businessman Leo San Miguel, said to be a member of the “Greedy Group, plus plus” who was seen as having made a 180-degree turnaround when he appeared before the three panels investigating the ZTE-NBN deal.

But San Miguel, pictured as being privy to the ZTE kickback transaction, appeared to have provided opposition Sen. Panfilo Lacson vital information and documents, along with photographs prior to his appearance at the Senate, even if he did deny the kickbacks and overpricing when he testified before the blue ribbon, trade and commerce and national defense committees.

But while the senators are in agreement on the matter of witness-

screening, Sen. Francis “Chiz” Escudero expressed apprehension over what he cited as a possible legal impediment that the Senate faces, when the upper chamber reopens the ZTE probe, owing to the pending petitions before the high court, one of which is the high court ruling stating that the Senate committed grave abuse in holding hearings without first publishing its rules covering such hearings.

The high court, through Chief Justice Reynato Puno, yesterday told reporters that the Supreme Court will be issuing its ruling by the first week of June and will focus on the three questions asked by senators of former National Economic Development Authority (Neda) chief Romulo Neri.

Escudero suggested that before conducting the resumption of the hearing, the committee on rules and the chairmen come up with a position on the basis on the conduct of the proceedings to erase any doubts or questions and prevent debates among members.

He told reporters in the weekly Kapihan sa Senado news forum that “it would be proper to study the situation to determine if there would be any impact on the pending cases in the SC such as the issue concerning Neri.

Escudero and Senate President Manuel Villar Jr. both agreed on the need to hear the account of the new witness even before the SC issues a resolution on the Neri case.

“We could secure (the witness’) sworn affidavit through an executive session or be executed in confidence of the three chairmen. This must be done as it is explicitly mentioned in some of the so-called traditional rules of the Senate in previous Congresses,” he said.

“We should carefully study the new witness and not just have him immediately subjected to a grilling. But it’s up to the panel chairmen if they intend to assess the credibility of this new witness and if so, we would invite him,” said Villar.

Co-chairman in the ZTE probe, Sen. Manuel “Mar” Roxas II who heads the trade and commerce panel, urged Malacañang to make a full disclosure of the alleged China visit of President Arroyo and First Gentleman Jose Miguel “Mike” Arroyo where they supposedly played golf and met with ZTE Corp. executives in Nov. 2, 2006, even before the upper chamber resumes its probe on the matter.

Roxas said the Executive ought to address the public and tell the truth about her trip to Shenzhen, China, a few months before the government decided to award the contract for the NBN to ZTE.

Roxas said that Mrs. Arroyo and all public officials are bound by delicadeza, or the sense of propriety, not to meet or hobnob with prospective suppliers or other interested parties in government projects while contracts are still pending.

“All official activities of the President are imbued with public interest and subject to full transparency, unless they involve sensitive matters of national security, which was not the case in the Shenzhen visit,” he said.

But the President was claimed by her spokesmen to be unfazed by attempts to revive the ZTE-NBN scandal.

Deputy Presidential Spokesman Anthony Golez said Mrs. Arroyo is not disturbed at the turn of events because she is focused on her functions and duties.

Malacañang also expressed confidence that the revived issue will have no bearing as the critics failed to produce strong evidence linking the First Couple in any irregularity pertaining to the ZTE-NBN scandal. The Palace also described the issue as a “dead horse” which is being revived by critics who only want to malign the leadership of Mrs. Arroyo.

For his part, Justice Secretary Raul Gonzalez yesterday downplayed the significance of the new witness in the revived Senate hearings.

Gonzalez claimed that the latest development is part of an elaborate script written by Arroyo critics.

“They are doing this in installments, as if this is really a planned thing which is being designed just so the ZTE issue will drag on,” the DOJ chief added.

As for the witness so far identified only as Alex, Gonzalez asked what he was doing there, adding Alex may have even been “planted” there to take pictures, even as he admitted that they are clueless on the identity of the witness, who he said could have been “coached.”

“All of this appears to be a mystery at this point. It could a deep penetration agent, it could be someone coached by (Iloilo Vice Gov. Rolex) Suplico’s group, whatever. What is obvious at this point is that what he is saying is hearsay,” the DoJ chief said.

Suplico earlier said the witness furnished him photos of President Arroyo and the First Gentleman at a side trip to Shenzhen in China.

Citing details given by “Alex,” Suplico said the first couple and then Commission on Elections (Comelec) chair Benjamin Abalos went on the side trip in November 2006, where they met with officials of ZTE Corp.

At the time, ZTE was supposedly one of the bidders in the Philippine government’s national broadband network project.

Gonzalez questioned the timing of the witness, whose claims he said has so far given “conclusions drawn on the basis of circumstances.”

“It appears to be following a script. At a given point, this witness comes out. At another point, another witness surfaces,” he said. “They are conclusions drawn on the basis of circumstances, they do not really point to anything concrete. As to what was the reason for the meeting, it can be a social meeting,” Gonzalez added.

In a related development, one of Arroyo’s counsels,Romulo Macalintal said the photos of the First Gentleman and the President in Shenzhen are not evidence to justify reopening of the Senate hearings on the ZTE case. He added that this is all “ mere political noise. “Like a vagrant,it has not visible means of factual or legal means of support. The Senate should not waste its time on such baseless and immaterial and incompetent evidence. There are other more important matters the Senate should attend to and not this highly politicized issue,” he stressed.

Meanwhile, House allies of Mrs. Arroyo yesterday vigorously defended Mrs. Arroyo who is being implicated in the controversial botched ZTE deal.

They claimed Mrs. Arroyo’s presence in Shenzhen, China on Nov. 2, 2006 is part of the country’s economic diplomacy.

According to House foreign affairs committee chairman Cebu Rep. Antonio Cuenco, Mrs. Arroyo’s meeting with officials of ZTE was also done by past presidents.

“Visiting the headquarters of major conglomerates in foreign countries has been a “presidential tool” to draw investments which has been practiced by all past leaders,”Cuenco claimed.

He described the meeting as a “social call” and a “continuing practice of the economic diplomacy that all presidents, as the country’s No.1 salesman , had done.”

Rep. Edcel Lagman, chairman of the House appropriations committee, also saw “nothing immoral in the President meeting with foreign investors, whether (in) socials or (in a) state (visit).”

Davao Rep. Anton Lagdameo said “all economically-strong countries deploy their leaders in clinching foreign sales that would benefit local industries.Those that sell arms even use their leaders to lobby with a country that is planning to buy fighter planes, tanks and other armaments.

“Some of these leaders would even pick up the phone to make a sales pitch to the leader of the country that is planning to make the purchase,” Lagdameo said. With Angie M. Rosales, Sherwin C. Olaes, Gerry Baldo and Charlie V. Manalo

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