Serge Osmena slams GMA, DOJ for obstructing justice

[krove]

DOJ obstructing justice? IMPOSSIBLE! Malinis at hindi biased ang justice department natin ano... Where could such an idea come from?

Osmeña blasted at DoJ undersecretary Mercedes Gutierrez, saying that with the Swiss government already establishing the Perez illegal activities, the DoJ insists on blocking any and all moves of the foreign government to have this investigated.

“When we would have thought that any right-thinking, God-fearing Filipino prosecutor would have jumped for joy at the gratuitous assistance given by the Swiss, I am absolutely flabbergasted. The Swiss authorities must have been floored. Here is our own Justice official obstructing justice in the most arrogant manner.

“Miss Gutierrez is either stupid or shameless or both,” Osmeña said in his privilege speech delivered yesterday morning.

Osmeña wants not only Perez and his alleged cohorts, in what the foreign authorities uncovered as suspected money-laundering activities, to be subjected to intense grilling, but the senator also wants the former Cabinet official's underlings to take the heat for their obstruction of justice.

The legislator hinted broadly that the $2-million payoff was Perez's part of the bribe money offered by Impsa, a power plant producer (IPP), in exchange for the sovereign guarantee.

Earlier, it was disclosed by detained President Joseph Estrada before a Senate hearing that a $14-million Impsa bribe was being obliquely dangled before him in exchange for a sovereign guarantee. Estrada turned down the offer, saying he was not going to have the Filipino people take on the burden of paying more debt obligations incurred by the state due to the grant of sovereign guarantees.

Records show that Estrada never signed an IPP contract or any contract that allowed sovereign guarantees. He said to do so was to engage in corrupt activities.

Here's more clarifying details:

A clear case of plunder, money laundering and bribery committed by President Arroyo's former Justice Secretary Hernando Perez exists, and is buttressed by the “smoking gun” as recent reports of the Swiss authorities' findings virtually establishing the alleged existence of the $2-million alleged payoff from the Impsa contract by Perez, Sen. Sergio Osmeña III disclosed yesterday in a privilege speech.

He also scored Mrs. Arroyo and her offficials from the Depart-ment of Justice (DoJ) for obstructing justice.

The senator recalled that Mrs. Arroyo, even as she was aware that a paper trail existed after Manila Rep. Mark Jimenez, also in a privilege speech, disclosed the $2 million he claimed Perez had extorted from him, promptly cleared her Justice secretary and insisted that Jimenez apologize to Perez.

Despite Osmeña's damning privilege speech, Malacañang yesterday stood its ground in defending the resigned Justice secretary and hinted broadly at sparing him from any prosecutorial action.

From Malaya:

Osmeña III said the details provided by Jimenez jibed with the details provided by the Swiss government.

He said that in its previous inquiries, the Senate government corporations committee found itself at a dead end when the paper trail stopped at the Singapore bank.

"To someone who has been hammering away at this excreta of a contract (referring to the IMPSA deal), the Holtkamp report was like a manna from heaven. Here, finally, was the smoking gun. There it is in all its naked glory," Osmeña III said.

Osmeña III at the same time lambasted officials of the Department of Justice for saying they would not provide any assistance to the Swiss government.

Osmeña III singled out Justice Undersecretary Merceditas Gutierrez for claiming the DOJ could not provide any assistance to the Swiss government.

O, bakit tahimik lang ang anti-money laundering council dito?

Plus: Even our Supreme Court is being criticized by a US court for making a decision that "violates any elementary international sense of due of process." LMAO!!!

A US court has stopped the transfer of $658 million (P40 billion) in Marcos funds held in an escrow account which were earlier forfeited by the Supreme Court in favor of the government.

In a two-page order, US District Judge Manuel Real of Hawaii said the July 15, 2003 decision rendered by the SC forfeiting the money on the basis that it was ill-gotten "violates any elementary international sense of due of process."

"A review of the opinion by the Philippine Supreme Court indicates there has been no evidence presented in support of such a determination as required by the lower court judgment the Philippine Supreme Court claims to review," he said.

Real said any attempt to transfer the funds would be considered contempt of his resolution ordering a "permanent injunction" of "worldwide scope" on the transfer of any assets belonging to President Ferdinand Marcos or his estate.

He warned that any persons or banking institutions violating his order would be referred to the "United States Attorney for consideration, since the factual circumstances are remarkably similar to those which led to the indictment and extradition to stand trial in the Southern District of New York in 1990 of Adnan Kashoggi, for obstruction of justice."

Highly Politicized na kasi ang Supreme Court natin eh...

[krove]

A silent Ombudsman

THE privilege speech of Sen. Serge Osmeña on the $1,700,000 bank account of Mrs. Nani Perez and brother-in-law Ramon Arceo with Nani Perez as beneficiary in Switzerland is just as serious as the Jose Pidal account.

These two cases certainly underline the gravity of corruption under the Gloria Macapagal Arroyo administration.

But what is deafening is the silence of Ombudsman Simeon Marcelo on these two cases. Recall that the Ombudsman was prompt to claim jurisdiction on the case of Sen. Gregorio Honasan for rebellion. And contesting every defense move of Erap in the plunder cases.

Why the inaction on the Nani Perez and Jose Pidal cases? It is doubly regrettable with regards to the Nani Perez case because Rep. Mark Jimenez had previously filed a case with the Ombudsman against Nani Perez.

Is it because Ombudsman Marcelo is afraid that to dig deeply into the charges of Mark Jimenez would uncover the Malacañang "residents" who Jimenez claimed received $4 million and where the balance of $7 million bribe money for the approval of the Impsa contract went to? Is he afraid of Malacañang, toh?

The admission of Ignacio Arroyo that he and not brother Mike owns the Jose Pidal is a desperate tactic that won't work to explain away the hundreds of millions in eight bank accounts. Whether it is investigation of assets and liabilities of generals or lifestyle checks of Customs and DPWH personnel, it is standard that money-making officials put cash and assets in the name of the wife, a child, brother or close relative.

Those who know Ignacio Arroyo, especially those from Bacolod, swear that Ignacio is not a "rich Arroyo". In fact, he has many unpaid debts, including those for house rental and fertilizers.

And certainly Eugenio Mahusay does not work for Ignacio, much less is Vicky Toh his secretary or lover.

Besides, GMA, pity Mrs. Alicia Arroyo, wife of Ignacio and president of the Philippine Stock Exchange, who must be suffering silently.

[bondying]

IMPSA scandal!

Telecom scandal!

Ilan lang iyan sa mga nabulgar na anomalya na nagpapatunay na sa umpisa pa lamang ng kanilang pag-pwesto sa kapangyarihan ay corruption na agad ang inaatupag ng mga malilinis (daw) at moralista (kuno) na grupo ng mga sumira sa demokrasya sa Pilipinas.

Ang sweet talaga nila kuya Mike and Vicky sa picture!

My dearest Mike-l.... L.U. Vicky

Ang sweet talaga!!!!

[VictoriaPaul]

If there seems to be an inaction over the cases, it's not because of political considerations. Rather, it's because there's not enough proof to justify the proceedings. We can't just expect the government ... the DOJ, in this instance, to put in resources on a particular case when there's not enough reason to believe that some fault or offense has been done.

[PorkChop :o)]

swiss government na anga nag nagsasabi at nanghihingi ng tulong sa department of justice natin.. not enough proof or evidence pa ba yo para kumilos sila??


eh kelan pa sila kikilos kung gayon?

[krove]

swiss government na anga nag nagsasabi at nanghihingi ng tulong sa department of justice natin.. not enough proof or evidence pa ba yo para kumilos sila??


eh kelan pa sila kikilos kung gayon?

siguro when hell freezes over...

and to think na since april of 2003 pa humihingi ng assistance ang Swiss gov't sa Pilipinas...

http://www.malaya.com.ph/aug19/news6.htm

[branchmanager]

nababayaran na ata talaga ang supreme court grabeeeeehhhhhhhhhhhhhhhh

[valentin]

What's New???

[krove]

what's new? ito.

Palace, allies cover Nani, kill Mla-HK MLAT

By Angie M. Rosales
Friday, 09 12, 2003



Malacañang and its Senate allies have joined hands in ensuring the full protection of former Justice Secretary Hernando Perez against prosecution by the Swiss government on his alleged money laundering operations by their refusal to have the Mutual Legal Assistance Treaty (MLAT) with Hong Kong ratified.

The Palace-Senate conspiracy to prevent the Swiss government to look into Perez's alleged $2-million payoff from the Industrias Metalurgicas Pescarmona Sociedad Anonima (Impsa) power plant deal became more apparent yesterday when an administration senator, Joker Arroyo, whose wife Felicitas is reportedly the counsel for the resigned Cabinet official, blocked the ratification of the proposed MLAT with the Hong Kong government.

The proposed treaty is seen by the Swiss authorities as the key which would lock in the missing links in the paper trail of the $2 million which is being traced by the Swiss federal prosecutor's office now investigating Perez and three others for a probable money laundering case, as the millions were initially deposited in Coutts Bank Hong Kong to the account of the conduit, businessman, socialite and presidential crony, Ernest Escaler.

Sen. Arroyo quickly rose to question the Senate's adoption of proposed Resolution No. 342 under Committee Report No. 62 containing the pending Philippines' treaty with the Hong Kong special administrative region (SAR), despite previous reports of his wife being the legal counsel of Perez, which situation smacks of a conflict of interest.

At the start of the floor debates on the MLAT's ratification Wednesday night, after its sponsorship last Sept. 3 by Sen. Manuel Villar Jr., foreign relations committee head, Sen. Arroyo managed to forestall its approval.

The administration senator, who is quickly gaining the reputation of being the protector of the presidential couple and their cronies, questioned his peers in the plenary session on the treaty, charging that it is full of infirmities, only to be greeted with overhelming counter debates coming from even some administration allies.

Arroyo opposed the ratification of the MLAT, saying a sovereign country like the Philippines should not enter into a treaty with a non-sovereign state, such as Hong Kong.

“Why should we have a treaty with a non-sovereign state like Hong Kong?” Sen. Arroyo was quoted as asking in opposing the ratification of the treaty, which opposition Sen. John Osmeña earlier charged was being sat on by Villar.

“The sovereign country of the Philippines is entering into a treaty with a non-sovereign administrative region of Hong Kong,” he said, pointing out that agreements the country entered into are usually predicated on reciprocity, equality and parity.

As such, he stressed the MLAT should be forged with the People's Republic of China (PROC) as the country-signatory.

Senate President Franklin Drilon called Sen. Arroyo's attention to “correct” his misimpression, and “educated” his neophyte colleague by reminding him that the upper chamber, through Resolution No. 29, on April 23, 2002 ratified the agreement between the country and the Hong Kong SAR of the PROC for the transfer of prisons for convicts.

“(So) it's not the first time that a resolution of this nature has been presented to the chamber,” the Senate chief told Arroyo.

But Sen. Arroyo, who was clearly determined to stonewall the treaty's ratification, insisted that a mistake had been made when such a treaty was forged, stressing it is precisely this determination of his to correct the errors of the past as the reason he took it upon himself to rectify a wrong deed.

“The contents (of the treaty) are all right,” he said, but emphasized that the issue is whether Hong Kong has the legal personality to execute such an accord.

He then lectured his colleagues, telling them that the treaty-making power of Congress was a “rare power” entrusted only to the upper chamber and excluded even the House of Representatives.

Even the Executive branch that is entitled to enter into any agreement or treaty with other countries is not accorded the power to reject or approve such undertakings for implementation, unlike the Senate, he claimed.

Opposition Sen. Aquilino Pimentel Jr. engaged in a debate with the neophyte legislator to counter Arroyo's position.

Pimentel flatly told Sen. Arroyo there is nothing irregular in the Philippines recognizing an MLAT with Hong Kong as several other “sovereign states” such as New Zealand, Canada, India, Indonesia, Malaysia, The Netherlands, Singapore, Sri Lanka, the United Kingdom and the United States have now an existing agreement with the PROC's special administrative region, which is Hong Kong.

Pimentel allayed Sen. Arroyo's fears on any possible repercussions as far as diplomatic relations are concerned since Article 30 of the Basic Law of Hong kong SAR states that the central people's government is responsible for foreign affairs related to Hong Kong but it authorizes the latter to conduct relevant external affairs in accordance with the Basic Law.

“That's what I'm saying: The countries I have enumerated are sovereign countries and they have existing agreements with Hong Kong,” Pimentel told Sen Arroyo.

“I'm only saying that it's time to correct (this),” Sen. Arroyo said.

Sen. Arroyo charged back, this time aiming his guns at the Department of Foreign Affairs (DFA) which he claimed should also be blamed for the “mess” since it has a penchant for forging international agreements without the concurrence of the Senate.

“What is the essence of a treaty? It is very apparent that Hong Kong is not a sovereign country,” he said.

Refusing to be stopped in his determination to prevent the Swiss authorities from looking into the bank records of Perez, his brother-in-law, Ramon Arceo, Jr. and Escaler, and spoiling for a fight in the Senate, Villar moved to suspend deliberations on the proposed treaty.

Drilon, another administration ally, quickly gave his concurrence, and moved to have the proposed ratification of the MLAT suspended indefinitely.

The MLAT covers criminal matters involving graft and corruption, unlawfully acquired or illegally acquiring property, bribery, fraud against the public treasury, misappropriation, fraudulent conversion of public funds or property among others.

“The agreement is intended solely for mutual assistance between the parties and its provisions shall not give rise to any right on the part of any private person to obtain, suppress or exclude any evidence or to impede the execution of a request,” Villar said in sponsoring treaty on the floor.

Malacañang and its allies in Congress reportedly fear the ratification of the MLAT, as this would give the Swiss authorities the right to look into the bank accounts of the conduit, Escaler, who is suspected of giving high ranking Philippine officials the use of his Coutts Bank account for a fee for their illegal money-laundering activities, which money has been obtained through corruption.