SPONSORSHIP SPEECH SEN. GUINGONA ON COMMITTEE REPORT NO. 27 (PLEA BARGAINING AGREEMENT)

COMMITTEE REPORT NO. 27 (23 MARCH 2011) COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS

RE: PROPOSED SENATE RESOLUTION NO. 337 (AN INQUIRY IN AID OF LEGISLATION, INTO THE CIRCUMSTANCES SURROUNDING THE PLEA BARGAINING AGREEMENT BY AND BETWEEN GOVERNMENT PROSECUTORS AND GENERAL CARLOS GARCIA WHO IS CHARGED WITH PLUNDER ) AND PRIVILEGE SPEECH OF SENATOR JINGGOY EJERCITO ESTRADA DELIVERED ON 19 JANUARY 2011

Mr. President, Colleagues, ladies and gentlemen.

The Blue Ribbon Committee hereby presents Committee Report No. 27 pursuant to Proposed Senate Resolution No. 227 which sought for an inquiry in aid of legislation, into the circumstances surrounding the plea bargaining agreement by and between government prosecutors and General Carlos Garcia who is charged with plunder and the Privilege Speech of Senator Jinggoy Estrada delivered on the 19th of January 2011.

This Report was filed on March 23, 2011 and calendared for Ordinary Business on May 9, 2011.

The Blue Ribbon Committee stands by its findings that a betrayal of public trust was committed when the plea bargain deal was entered into. The recent developments in the courts, including the Sandiganbayan's decision to uphold the propriety of the plea bargaining agreement, does not change the Blue Ribbon's findings of the case. It is utmost vigilance that we follow the developments in the courts. There is still room for the justices to correct themselves and ensure that they are not instrumental to the cuddling of officials who betray the public's trust.

The Blue Ribbon Committee believes that the plea bargaining agreement by and between Maj. Gen. Carlos Garcia and government prosecutors is void. In fact, the Office of the Solicitor General has filed a Motion for Leave to Intervene to nullify the PBA. Recently, Sandiganbayan Associate Justice Samuel Martires branded the Office of the Solicitor General (hereinafter, OSG) as "crazy wolves," which he said are "howling not in the middle of the night, but at noon". Martires made the remarks in connection with the OSG's motion to allow its lawyers to intervene in the plunder case against Garcia. Before anything else, I would like to state that I staunchly support the OSG's efforts to pursue the plunder case and to put a stop the plea bargain agreement.

As the PBA is void, all the consequent acts of the PBA should be vacated and nullified - which include subsequent arraignment and bail."

Why do we say that the PBA is void? It is void for the following reasons:

1) The PBA has no basis. The Office of the Special Prosecutors initially claimed that the evidence is weak, but later on, they assert that evidence is strong. 2) There is lack of full restitution. By practice, and according to the Sandiganbayan's internal rules, a PBA should require restitution. It is worthy to note that the PBA of the Office of the Ombudsman with Charlie "Atong" Ang, there was full restitution. In the case of Maj. Gen. Carlos Garcia, he was allowed to pocket P165M in "pabaon."

3) There is lack of consent of the offended party, as required by the Rules of Court. In this case, the immediate and direct offended party is the Armed Forces of the Philippines. And the ultimate offended party is the Filipino People.

Mr. President, it must be noted that as early as the 23rd of March of this year, the Blue Ribbon Committee already sought for the resignation of Merceditas Gutierrez in order to save the Office of the Ombudsman as an institution. On April 29, Gutierrez did in fact resign. Hindi po doon nagtapos ang laban.Much needs to be done to ensure that public officials do their job. And that they do it well.

Hindi po pwedeng imbestiga ng imbestiga lang tayo lagi pero wala naman tayong ginagawa pagkatapos ng imbestigasyon. Tapos na ang Blue Ribbon hearing sa kasong ito, ano na ngayon?

Mr. President, the Blue Ribbon Committee stands by its recommendations to ensure that prosecutorial treason and other breaches of law by public officials are not relegated to the archives of a vault inaccessible to the people of the Philippines.

Here are our recommendations:

First, this body must have a shared sense of urgency to pass the Freedom of Information Act. In the 15th Congress, no less than 12 Senators, including this representation, filed their own versions of this law. All bills assert that citizen's participation is a major factor in preventing and discovering corruption. The impenetrable veil of secrecy that covered the Garcia Plea Bargaining deal cannot be the standard by which government decisions must be made.

Second, a Plea Bargaining law must be passed to ensure that the proper offices and institutions have a direct participation in its entry and approval. A plea bargaining agreement is not for the convenience of the accused but for the paramount public interest of justice. This morning, Mr. President, I myself filed Senate Bill No. 2871, the Plea Bargaining Act of 2011. Among other requirements, this bill proposes that for the offenses of plunder and money laundering, the consent of the Ombudsman and the President are required. I hope that swift action will be taken on this measure.

Third: The Blue Ribbon Committee recommends the passage of a law that would amend the Anti-Money Laundering Act of the country. True to our commitment to act on our own recommendations, hearings are now being conducted for the purpose of amending the AMLA. These amendments hope to put a stop to the well-orchestrated acts of depriving the Government and our people of public funds. Hindi tayo pwedeng uupo lamang habang ang kaban ng bayan ay kaliwa't kanang ninanakawan nag kung sinu-sino.

As part of our recommendations, we also seek for:

1. The passage of a law that designates the Department of Justice to have the concurrent jurisdiction to investigate and prosecute administrative and criminal cases against the employees of the Ombudsman.

In closing, allow me to quote the closing paragraphs of this Committee Report:

The Senate Blue Ribbon Committee has taken the responsibility to take up the cudgels for the Filipino people to tell the Ombudsman that it has betrayed public trust; that it has failed the Filipino people; and this time, instead of being the ones holding other public officers accountable for malfeasance, misfeasance and nonfeasance, they are the public officers who have violated exactly the same rules that they have sworn to respect, uphold and protect.

Indeed, this is the time of reckoning. And this is the time when the Senate shall take it upon themselves to become the Filipino people's protectors in demanding accountability from the people who have abused, wasted, and destroyed the trust that were reposed on them.

Mr. President, ladies and gentlemen, thank you and good afternoon.