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World Bank offers to explain controversy behind closed doors; Subpoena threat recalled

Solons mull stripping WB probe from Santiago

By Angie M. Rosales

02/17/2009

Sen. Miriam Defensor-Santiago may want to close the hearings on the World Bank’s report, since she had already absolved First Gentleman Jose Miguel “Mike” Arroyo, along with the Filipino debarred construction companies, but she may yet end up stripped of hearings by her panel, as her colleagues, frustrated over her preemptory and dictatorial handling of the committee hearing, are now said to be mulling handing over the inquiry into the WB controversy to the blue ribbon committee.

But a number of senators from the majority bloc who have expressed disappointment over the manner by which Santiago handled the last proceedings, maintained silence over this latest Senate development, saying nothing after emerging from their caucus yesterday.

Emerging from the closed-door meeting, Majority Leader Juan Miguel Zubiri told reporters no consensus was reached and that they have decided to defer consideration on matters pertaining to the WB inquiry until today as Santiago has promised to attend it.

Sources, however, said the Senate leadership is inclined to transfer jurisdiction on the issue to Sen. Richard Gordon, chairman of the blue ribbon committee, who was fairly open in his criticisms on the early absolution of Mr. Arroyo and the construction executives called before Santiago’s committee.

Santiago claimed that in a letter sent to her by WB country director Bert Hofman last Feb. 13, the WB admitted to having no evidence on the alleged wrongdoings of those mentioned in various newspaper reports on supposed collusive activities of blacklisted Filipino contractors.

Even as Santiago claimed that WB representative Bert Hofman admitted that the WB had no solid proof to pin Mr. Arroyo and the debarred contractors, that letter of Feb. 13, made no mention of such an admission from the WB. Nor was the presidential spouse, along with the debarred contractors, mentioned.

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Earlier, Santiago threatened to have a subpoena issued to Hofman, even saying how dared the WB say there is corruption in theis government yet refuses to make public its report.

But in Hofman’s letter dated yesterday, he expressed cooperation with the authorities if they will be invited and meet them to provide further informal technical briefings.

Santiago then informed Senate President Juan Ponce Enrile in her legal memorandum submitted yesterday, that instead of issuing a subpoena to Hofman, they should invite him to an informal technical briefing.

Hofman made it clear in his letter to Santiago that the “Referral Report points out that the relevant Philippine authorities can also determine whether the Referral Report can be shared further.”

Sen. Panfilo Lacson said the early absolution of Mr. Arroyo has created the public impression that the Senate has lost its independence.

On the claims of Santiago that the WB report was meaningless. He said: “First, have you seen the document? Have you seen the letter? Let the document speak for itself,” adding that documents on notice of sanctions proceedings clearly stated alleged links of Mr. Arroyo as claimed by a Japanese witness Tomato Suzuka.

“I will base my statement on the documents that I have read. Of course the WB will not give us any evidence because that’s not its job. Its task is to inform our government on the possible collusive practices, the reason action was taken, having the contractors suspended or debarred because they have their own findings.

“But for the WB to provide the government evidence, it will not do that. I’ve been repeatedly saying that these findings and the facts and details stated therein must provide or should provide the necessary leads. And there are enough leads for our Ombudsman, for our government to take action. I wish I could show you the responses taken by governments in other countries.

“Vietnam for example. Recently two transport officials involved in anomalies involving JBIC fund were arrested. Why can Vietnam forge ahead of RP? Maybe that’s one of the reasons. Vietnam is sensitive to allegations of corruption. Our government is never sensitive. Instead, it immediately defends those involved,” he said in an interview with reporters.

Furthermore, Lacson said the statements by Suzuka can not be used as an evidence since it was not in a form of a sworn statement, as it was culled from an interview conducted by WB officials.

“So is that evidence? No. But those are leads that could help our Ombudsman, for our government to pursue and initiate an investigation,” he said.

Prior to their caucus Senate President Juan Ponce Enrile had approached senators to discuss the matter.

But Lacson was quick to stress that he is not pursuing the idea of transferring the inquiry from Santiago’s economic affairs committee to Gordon’s panel, emphasizing that he will agree to the Santiago’s chairmanship provided that the panel will not be strict in the application of the “rules of evidence.”

“We could, under our rules, be relaxed in the application of the rules of evidence. This is not a court of law. This is a Senate committee conducting a public hearing getting information and data from resource persons. And whatever documents we can get from resource persons and other agencies of government, we could use in aid of legislation or probably to recommend investigation to agencies under the Executive branch,” he said.

Hofman said that the “Referral Report, which summarized INT’s investigative findings, was shared with the government in 2007 because the referral report contained sensitive information which may be relevant to investigations in the Philippines and made no judgment as to whether the laws of the Philippines had been violated, it was shared on a strictly confidential basis to allow the investigative authorities in the Philippines to undertake their own investigation and reach their own conclusions.

“The report provided that if it became necessary for the relevant authorities to determine whether to share its contents with others who conduct investigations on behalf of the Philippine government, that could be done as long as the report’s statement of use and limitations was adhered to.

“The World Bank is committed to assisting the people of the Philippines in improving governance and we would like to re-affirm our willingness to assist the appropriate authorities in whatever way we can in dealing with the investigation,” Hofman told Santiago.

Santiago also recommended to Enrile that they should authorize the public release of all WB documents submitted to them by the Ombudsman and also to arrive at a consensus whether the rules of evidence should be observed during the hearing.

Sen. Francis “Chiz” Escudero expressed the observation that the way things are going, it’s like they’re “shooting the messenger.”

Escudero also pointed out that if no evidence is forthcoming from the WB, they should not be prevented from seeking other means or resorting to other sources.

“It’s too early to say (that Mr. Arroyo is not involved) because I have not seen or read the official copy of the report. Secondly, what we’ve heard so far are blanket denial of those accused of wrongdoings,” he said.

Enrile, for his part, came to the defense of Santiago amid calls coming from party-list representatives on her inhibiting from leading the WB inquiry.

“Inter-parliamentary courtesy suggests that the House need not interfere with the proceedings of the Senate and I hope that they will respect that tradition. We respect their opinion but they’ll have to take things in very cautious position because we are two Houses and they have their own rules, we have our own rules here.

“Now, whether Santiago will inhibit herself or not, that is her prerogative. She is the sole party that can decide whether she can continue the inquiry with full independence and impartiality,” he told reporters in a separate interview.

Asked about the possibility of the blue ribbon taking over the investigation, Enrile would not give a categorical answer saying the matter is subject to a consensus of his colleagues.

“If it will be presented, if there is a resolution that will be filed…somebody has to file the resolution in the Senate and to take up that accountability of public officers separately from the economic aspect of the whole issue. So if there is such a resolution, it will have to be decided by the Senate.

“I do not know yet but there is an aspect of this investigation with respect to accountability of public officers and so to that extent, the blue ribbon has jurisdiction. But we will discuss this later in the caucus,” he said.

Enrile said that the WB can not claim absolute immunity, as far as answering issues brought about by their report on the blacklisted contractors.

“If at all the WB as an institution can claim immunity but not its officers,” he said.

Santiago, who is on a sick leave, blasted at her critics yesterday, saying:“Political society and media are divided into pro-Gloria and anti-Gloria camps. I am an administration ally. This does not necessarily mean that I would place my judicial reputation at stake in order to unreasonably defend her husband.

“I am now attacked by the anti-Gloria forces and their PR firms, simply because I am trying to enforce the Rules of Evidence...My attitude is that, I am only collateral damage. I am amused by the sudden emergence of experts who are not even lawyers, all expressing opinions on the Rules of Evidence. They are like butchers inside the operating room, advising the surgeon on how to conduct brain surgery. My response to critics is: ‘Too many cooks spoil the broth’,” she said.