One of Jinggoy Estradas oft-repeated refrains in his efforts to turn the table against COA chief Grace Pulido Tan is the disdainful question on who determines whether the NGOs that handled PDAF were bogus or not. As his way of exculpating himself of any responsibility or culpability, Jinggoy kept on repeating the argument that the implementing agencies, not the lawmakers, should determine the legitimacy of the assigned NGOs. Of course, the COA chief, a lawyer herself, knew how to stand on her ground. Hence, she dropped the bombshell that the lawmakers themselves or their representatives have signed memoranda of agreement, or memoranda of understanding, or memoranda or undertaking (they are plural and couched in different language) attesting to the legitimacy of the NGOs, which the lawmakers had identified to be the implementing partners of the implementing state agencies. Jinggoy could not answer Pulido-Tans assertion; the COA have in its possession those MOAs, MOUs, and MOTs, which were duly signed by the lawmakers themselves and their representatives. So it was not only Jinggoy, who signed thiese kind of documents; his coleagues did it too. These documents would form part of the smoking gun evidence, which the state prosecutors would present to the appropriate forum that would handle the P10-billion pork barrel scam. Apparently, Jinggoy did not know that they have signed documents that contain the colatilla that it would be the lawmakers, who would be responsible on the issue of legitimacy of the implementing NGOs. Because of their apparent greed, they did not know that what they have signed are their virtual death warrants. They could only blame themselves. Officials of those implementing agencies knew that they have to have some leeway to escape prosecution and responsibility. After all, these lawmakers would come to their office, brandishing their power over the purse and bullying them to follow their wishes. At the back of their mind, they told themselves: Who are they to deny the lawmakers wish? Jinggoy has a lot to answer before the Filipino people. I would not be surprised if he goes to jail by next year. He knows it would come - sooner or later... From ABS-CBN online report ‘Your staff signed MOA saying NGO legit’ Despite Estrada’s relentless questioning, the feisty Tan held her ground and at times answered back. The senator again brought up an issue he raised previously: that it is the duty of implementing agencies, not lawmakers, to check the legitimacy of NGOs. He said, “Who determines if the NGO is bogus? As a legislator, it’s not my responsibility to determine whether the NGO is legitimate or not. How the hell will I know?…. Sino namang sira ulong senador ang magbibigay ng pera sa bogus NGO?” (Which legislator out of his mind will give money to a bogus NGO?) Estrada also asked, “Why will you issue a notice of disallowance to me when I do not hold government funds?” Tan then said, “Under the law and the rules, all persons we found in the audit to be involved in the disbursement and use of the funds will be issued a notice of disallowance.” She addressed him: “You have memoranda of agreement (MOA) signed by your staff and one of the provisions there is a warranty or undertaking on the part of the senator saying you warrant that this NGO is bona fide, legitimate to carry out and implement the project.” Tan continued: “So it’s not merely an endorsement from your end recommending the NGO to be a partner but also a positive act by contract. That, to us, is indication of your participation in the disbursement of the money given to the NGO.” Estrada insisted he never signed such a MOA. Tan replied, “I think it was your representative [who signed the MOA] but you had a letter designating your staff.” Estrada said the COA’s resident auditors must also be held liable. He said they should have stopped the fund releases if they already detected irregularities. Tan said that until 2009, the COA had no resident auditor in the National Agribusiness Corporation (NABCOR), one of the implementing agencies that, based on the COA report, cornered the bulk of the pork barrel releases. “The NBI (National Bureau of Investigation) and Ombudsman are also investigating [the resident auditors]. Two of our auditors are already included in charge sheet,” Tan revealed.
Posted on: Tue, 26 Nov 2013 07:02:18 +0000
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