Thursday, February 11, 2010
Thursday, February 4, 2010
Matrix of Allan Lies.
CAYETANO STATEMENTS (25 JANUARY 2010)
http://www.scribd.com/doc/26367775/Matrix-of-Alan-Lies
| LIES | TRUTH | BASIS OF THE TRUTH` |
| SENATOR CAN’T ACCUSE A FELLOW SENATOR = “hindi hinuhusgahan at hindi hini-hearing o hindi inaakusahan ang kapwa senador o kapwa congressman sa Senado o sa Kongreso……mayroon tayong korte, may Ombudsman, may civil courts at may ibang bodies na sinasabi ng Konstitusyon at ng batas na dapat humarap” SENATE NOT THE PROPER BODY TO ACCUSE AND PENALIZE SENATOR VILLAR = SENATOR CAYETANO SAID THAT VILLAR SHOULD HAVE BEEN CHARGED BEFORE THE OMBUDSMAN OR COURTS AND BUT HE SAID THAT “….kapag disorderly behavior ay puwedeng ang Committee on Ethics o iyong mismong Senado or House of Representatives ang siyang huhusga sa atin.” | The Constitution expressly provides that the Senate with a 2/3 votes may suspend or expel its member. Hence, a senator can file a complaint against a fellow senator; and the respondent senator may be punished by the Senators acting as one body. Why is Sen. Alan C. complaining? This is exactly what happened in this complaint. The Senate as a Committee of the Whole was the one who heard, received evidence, and resolved the case against Villar for his disorderly behavior of committing unconstitutional act and unethical conduct | Art. VI. Sec 14(3): “Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.” The good senator from Taguig-Pateros should know this because his father, the late Sen. Ranato Cayetano, subjected himself to the jurisdiction of the ethics committee and was cleared by the Senate Committee on Ethics. |
| VILLAR SHOULD NOT BE CHARGED WITH ACTS COMMITTED WHEN HE WAS NOT YET A SENATOR = “…napakahirap na akusahan natin si Senator Villar ng mga bagay na nagawa o nanyari noong hindi pa siya senador”
ACCUSERS ARE ALSO JUDGES = “..na si Senador Madrigal at Senador Lacson, na siyang nag-a-accuse na sila rin po ang maghihiring nito” | PDAF, SARO, and other documents submitted by Atty. Doblon and Engr. Tayaho clearly show that Villar had been appropriating funds for the construction of the Also, in violation of the Constitution and RA6713, Villar never divested himself or notified the Senate of his business interests in the C5 Road Extension Project and Moreover, the unethical conduct may have had started when Villar was still a congressman and continued when he became a Senator; Sens. Madrigal and Lacson were not the only ones who heard and evaluated the case. It was all the Senators constituting the Senate Committee of the Whole | Exhs. KKKKKK-4, 16, 28, 73, 77 and 122, 125 and 134 submitted by Doblon showing that Villar used his PDAF to fund the Director Doblon provided a summary as well as requests for the funding of this project in the letterhead of Sen. Villar. See Exh. KKKKKK 146 (p.70 CR) Exhs. ZZZZZZ 7,12, 14, 17, and 20 submitted by Engr. Tayao showing the SARO and SAA as proof that Villar had been funding the As to C5 Road Extension Project: The 200M Villar insertion for the 2008 National Budget was admitted by Engr. Adriano and even shown by the GAA2008 to be for the construction of the C5 Road Extension. This was in the year 2007 when Villar was already a Senator. See TSN |
| ALL POLITICS = “huwag gamitin ang Senado sa Pulitika” | Sens. Alan C. and Nene P. were the ones who are making this issue more political because they would always relate the case to the presidential surveys. They are trying to muddle the issue. This is not about politics. This is about corruption and the use of power by Sen. Villar in order to steal money from government coffers and the Filipino people. What do they want? To investigate Villar when he is not anymore a Senator and at the time he knows that he has the number to acquit him? | |
| WHY VILLAR SHOULD PAY P1.8B WHEN MCTEP HAS YET TO BE TERMINATED? = “… baket natin sasabihin na dapat bayaran ni Senator Villar iyong alignment ng MCTEP kung hanggang ngayon ay puwede naming ituloy iyon at hindi naman nabalewala” “Iyong P1.8 bilyon na pinababayad kay Senator Villar ay iyong binayad ng MCTEP para sa kanilang alignment….Pang media. | The proponents of the old alignment have not been foolhardy enough to push through with the construction of the old alignment. This is due to the infeasibility of constructing a toll road to compete with a toll free road. It is unlikely that people will use a toll road with a fee when there is another road free of charge. Former DPWH Sec. Ebdane testified during the Senate Committee on Finance hearing that the P1.8B paid for the RROW for the old alignment was wasted because the land became redundant and useless. Sec. Ebdane further testified that the paid RROW is trying to be sold or swapped but that there are no interested parties. This is mainly due to the size and configuration of the property being only suitable the creation of a road. If the project is still ongoing, why is it that the TRB already selling or trying to swap these properties? | See p.12 of CR. {Engr. Tayao confirmed that the alignment of the C5 Link of the TRB from SLEX to Sucat Road (portion of MCTEP) lies parallel to the alignment of the DPWH C5 Road Extension Project which covers the same route; and that said DPWH project overlap with the alignment of the TRB project} WILL CHECK THE TSN (will look for the TSN) |
| NO EVIDENCE = “there is no evidence. And then, sasabihin natin, guilty, isoli niya ang pera.” | No evidence? What do you call 900+ pieces of evidence which are certified true or official copies. His companies directly benefitted from this scam and his failure to disclose or divest his financial interest in companies which have dealings or contracts with the government makes him guilty of conflict of interest. On Although not all the acts in connection with the C5 Road Extension Project Scam can be directly attributed to Sen. Villar, the fact remains that he had knowledge thereof and consented to the acts of his subordinates or business partners. | See TSN, |
| THE COMMITTEE PUT WORDS INTO THE WITNESSES’ MOUTH = “Nilalagyan ng Committee of the Whole ng salita ang bibig ng mga witnesses. Hindi totoong nagbago ang mag taga-BIR at sinabing | There are no records wherein the officials of the BIR and DPWH directly stated that Sen. Villar is free of guilt in connection with the C5 Road Extension Project Scam. On the contrary, authentic and official documents show that Sen. Villar’s properties were overpriced because they were sold at an incorrect and arbitrary zonal valuation. The facts remain that his companies profited from the overpricing of his properties; BIR Dir. Carmelita Bacod even denied clearing Villar when she categorically said that she disowns the statements she supposedly made in the Inquirer. | See TSN 29 September 2009 at See TSN |
| VILLAR’S INTEREST WAS ONLY MINOR = …napaka-minority o napakaliit ng lupa ni Senator Villar dyan compared sa lahat ng mga developers… | Out of the 39 lots affected and paid for RROW of the Las Pinas-Paranaque Link road, 16 lots are owned by Villar companies. 16 out 39 is not minor. Besides, for the sake of argument, granting that other developers own bigger parcels of land in the area, they are not senators of the republic and they did not use influence and power to re-align the road in order to pass their properties. | List of affected properties submitted by the DPWH |
| DOJ Opinion issued by then Justice Serafin Cuevas in 1999 | The DOJ Opinion refers to the old alignment as Sen. Cayetano mentioned “ Surely, there was no full disclosure of facts. Did, then Cong. Villar, disclosed to DOJ that he was funding the road project to pay his properties for RROW? that Villar realigned the original C5 to traverse and benefit his properties? | |
| IT WAS A VALID EXPROPRIATION BY THE GOVERNMENT AND THERE WAS NO CONFLICT OF INTEREST “ag kayo kinukuha ang lupa ninyo, hindi conflict of interest iyan.” | The government did not voluntary expropriate the affected properties of Villar. It must be recalled that Villar used his position as Senator to cause the realignment of the road to traverse his properties. With the realignment, the government actually had no choice but to pay Villar properties as RROW. There is conflict of interest because Villar is not an ordinary land owner. He is a Senator who is mandated by the Constitution to divest his business interests in any government transaction in which he is involved. | |
| NO DOUBLE INSERTION = “May double insertion ba? Wala” | There was no double insertion but there was an insertion by Villar to fund again a project already funded. Worse, the said project was proposed by him because it will benefit his properties and he had receivables for said project. Villar inserted the P200M amendment to the 2008 National Budget knowing that it will fund the construction of a project that will benefit his properties and in which he still has receivables. | See TSN 25 August 2009 at See Exh. GGGGGG 6 [Feasibility Study of CX-5 Project showing that Villars were the proponents who conceptualized the project; and that the completion of the project will make the are boom with investment like the Fort] See TSN |
| OVERPRICED LOTS AND NON-VILLAR LOTS NOT OVERPRICED ARE NOT ADJACENT = “Pero noong tinignan naming sa mapa, hindi magkatabi.” | They are adjacent. Our powerpoint presentations show that these overpriced Villar lots sold at P13000/sq.m. are adjacent to those non-Villar lots paid for P1500 to 4000/sq.m. only. | NAMRIA Map shown in our powerpoint presentations.
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“The only thing missing is the mole” Manifestation by Senator Jamby Madrigal
“The only thing missing is the mole”
Manifestation by Senator Jamby Madrigal
Mr. President:
The other day a very appropriate quote appeared in a commentary in The Business Mirror Newspaper. Let me share it with our people. Samuel Johnson once wrote, “Slander is a coward’s revenge and dissimulation his defense.”
Nothing could be truer and more appropriate in light of recent events.
I would like to enter into the record this brief manifestation concerning the statements of our colleague Senator Allan Peter Cayetano.
He has raised thirteen arguments to uphold his party president’s refusal to submit himself to the kind of scrutiny and accountability that he and his party president once insisted upon in the case of Mrs. Arroyo and her husband. This got Senator Cayetano and his party president both elected as oppositionists.
But now that Senator Villar wants to replace Mrs. Arroyo, he has shown every sign of doing to the country what she has been so far doing to the country: hiding from accountability.
Mr. President, let me therefore manifest the following.
Allan Peter Cayetano boldly claims this chamber does not, and cannot, investigate one of its own, or hold hearings concerning its members, because the courts are the proper venue for this. His assertion is a willful –wilfull, I say, because as a lawyer and a legislator he certainly knows otherwise- setting aside of history, precedent, and Constitutional precepts.
What the Constitution and the laws, our heritage of centuries of constitutional evolution in the Western world, decrees is that there are certain acts and behavior by our members, of which only the fellow members can be the proper judge.
The Constitution and our laws permit very few instances when other institutions may pass judgment or take action concerning the conduct of our members. This is in Article VI, Section 14, subparagraph 3 of the Constitution; and it is in the rules of this chamber.
Even Senator Arroyo pointed out that from the time the Senate was established in 1916, senators have faced, what is, essentially a jury of their peers: I would add to this that this was done even in times that the Nacionalista Party to which Messrs. Cayetano and Villar now belong, dominated the Senate.
The principle is simple: we are shielded from the tyranny of the chief executive, and undue interference by the courts; but we must first foremost be accountable if not to each other than to the institution, the Senate, to which we all belong.
So the duty of upholding ethical behavior necessarily is our own: we must, in a sense, police ourselves because we all belong in turn to an institution with standards, rules, and the duty and obligation to put public service ahead of private gain.
We have privileges –such the right to speak freely- but we have obligations –such as the duty not to abuse our ability to make privilege speeches. Which is why we can and do, take each other to task for unparliamentary language, why we can move to strike things off the record, and sit in judgment over our peers, as equals.
The good senator from Taguig-Pateros should know this because his father, the late Sen. Ranato Cayetano, subjected himself to the jurisdiction of the ethics committee and was cleared by the Senate Committee on Ethics.
The innocent man has nothing to fear; the tyranny of numbers is precisely only exercised by tyrants uninterested in the truth or who have given up on the possibility of vindication.
The Senate has a long history of members who have been attacked, by fellow senators and the public, and who stood firm and who vindicated themselves and by so doing, earned the respect of our people.
That is the tradition of this chamber and that is the tradition today’s Nacionalistas refuses to live up to.
The distinguished gentleman from Taguig-Pateros also argues that his party president, Senator Villar, shouldn’t be charged with acts allegedly committed prior to his entering the Senate.
Did we investigate the collapse and government bailout of Capitol Bank?
Did we inquire into the many disturbing allegations made by then Rep. Joker Arroyo against then Speaker Manuel Villar? We did not.
The Senate has looked into specific projects. There have been appropriations for the Las Pinas-Paranaque Link Road and C5 Road Extension Project since 2002. It must be recalled that Mr. Villar became Senator in 2001; therefore the whole thing from start to finish took place during the Senate career of the Nacionalista Party president.
By necessity, Mr. President, it was logical and reasonable to ask whether the Nacionalista Party President suddenly developed an interest in fostering government projects aligned with his personal financial interests, or whether they are part of a pattern of merging personal gain with political office. This is where his acts as a congressman onwards are of interest and are of relevance.
And let me manifest, at this point, Mr. President, a very simple point.
The former Senate President and current Nacionalista Party president could easily have avoided all of this, if he had followed simple rules that govern all elected officials.
The rules are meant to deliver us from evil, to avoid our being led or leading ourselves into temptation.
Instead, in violation of the Constitution and RA6713, Mr. Villar never divested himself of his interests in his corporations, or notified the Senate of his business interests in the C5 Road Extension Project and Las Pinas-Paranaque Link Road. Surely, Villar was already a Senator when he committed the acts alleged as unconstitutional and unethical and proven as such by the report of the Committee of the Whole.
And because the Nacionalista Party president would not moderate his greed, his adopts the strategy of Mrs. Arroyo and refuses to face the music, insisting it’s political persecution. He denies this is the proper venue, insisting on the very same venues Mrs. Arroyo controls and no other.
I have read somewhere that some hold the opinion that the only difference between Mrs. Arroyo and Mr. Villar is the mole on on her face and I am beginning to believe it. Their approach to evading accountability have become so identical I wouldn’t be surprised if he is, indeed, Mrs. Arroyo’s secret candidate.
Mr. President, consider the insidious argument that we cannot, all of us, sit in judgment on one of our own, because of us have dared to level accusations against each other. As Claro M. Recto famously observed, what is sauce for the goose is sauce for the gander.
The same argument was used to oppose the impeachments of Presidents Estrada and Arroyo and both dismissed because of the simple truth that each of us can think for ourselves and our actions are subject to the scrutiny of the electorate.
How can the Nacionalista Party president or his partymates say it’s wrong for me to accuse and judge, when he himself absolved himself?
Did he not sign the so-called manifestation of his bloc, which he tried to maneuver through in contemptuous disregard of the operations and traditions of this chamber?
If he says we stooped low to sign what he considers a political death warrant, did he not stoop even lower to sign, in effect, his own pardon?
Mr. President, what we conducted in this chamber –what we are working mightily to conclude in this chamber- was no less than the impeachment of one of our own, because no other body can determine if a senator is still fit to sit in the Senate.
There are very few checks and balances on our behavior as senators except the ultimate check and balance which is ourselves. Our countrymen trust us to make exposes on the floor, knowing that if one of us goes too far, the rest will hold our own to account.
History teaches us chief executives cannot be given the opportunity to be tyrants by being allowed to evict one or all of us from this chamber; the courts, by tradition and practice very rarely intervene in our internal affairs because their interest is only in the constitutionality of the laws we pass.
The Ombudsman can investigate us and charge us but no one can evict us except in electoral cases where we, too, sit in judgment on our peers.
That is how it should be: but then all the more should be it be that we have a zero tolerance policy for unethical conduct by our fellow members.
That is why it is proper and necessary to insist at all times that this is the proper forum to resolve the specific kinds of charges that have been made.
Mr. President, the remaining assertions of the distinguished Nacionalista senator from Taguig-Pateros all revolve around what seems to be the most painful finding of all of the Committee of the Whole: that the Nacionalista Party president, Mr. Villar, is morally bound to return six billion plus pesos to the national treasury.
The Nacionalistas and their friends and allies claim, for example, this is wrong because the old C-5 alignment can still be built; therefore, he owes nothing for something that doesn’t exist.
But that ignores two things: first, of course the old alignment won’t be built, because there’s a new alignment; and second, 1.5 billion has already been spent to purchase the right of way for the old alignment, and for what?
Nothing.
The government has useless lands, which it can’t return; and since the Nacionalista Party president maneuvered the new alignment, he is answerable for the government’s losses in abandoning the old alignment.
The Nacionalistas claim there is no evidence: selective blindness in the face of 900 pieces of documentary evidence, selective deafness in the face of damning testimony; all matching the selective muteness of the Nacionalista Party president himself in refusing to speak up in his own defense.
On August 25, 2009, Director Doblon admitted that the proponent of the 200 Million double insertion was Sen. Villar. Director Doblon likewise testified that it was Engr. Adriano, ADELFA PROPERTIES’ official, who instructed the DPWH on what to do - n the presence of Senator Villar.
Although not all the acts in connection with the C5 Road Extension Project Scam can be directly attributed to Senator Villar, the fact remains that he had knowledge thereof and consented to the acts of his subordinates or business partners.
The distinguished Nacionalista senator from Taguig-Pateros insists his party president had the least exposure in terms of properties affected by the C-5 scheme. Out of the 39 lots affected and paid for RROW of the Las Pinas-Paranaque Link road, 16 lots are owned by Villar companies. 16 out 39 is not minor. And I am not even going to dwell on Mr. Ted Failon’s findings where he pinpointed over twenty Villar real estate developments in the vicinity of the C-5 scheme.
Mr. President, this investigation proved a conspiracy to use public office for personal gain, to the detriment of the public and the public coffers.
The government did not voluntary expropriate the affected properties of Senator Villar. It must be recalled that the Nacionaista Party president used his position as Senator to cause the realignment of the road to traverse his properties.
With the realignment, the government actually had no choice but to pay Senator Villar properties as RROW. The overpriced Villar lots sold at 13,000 Pesos a sq.m. were adjacent to non-Villar lots paid for at 1,500 to 4,000/ Pesos a sq.m. only.
Mr. President, the spectacularly higher payments point to the ethical problem here: Senator Villar is not an ordinary land owner. He is a Senator who is mandated by the Constitution to divest his business interests in any government transaction in which he is involved. He was a landowner who got a magnificent price while ordinary owners got compensated at rock-bottom prices.
Let me emphasize that authentic and official documents show that Senator Villar’s properties were overpriced because they were sold at an incorrect and arbitrary zonal valuation. The facts remain that his companies profited from the overpricing of his properties; BIR Director Carmelita Bacod even denied clearing Senator Villar when she categorically said that she disowns the statements she supposedly made in the Inquirer.
And then they insist that no double insertion was proven, which incidentally points to the validity of this whole exercise in accountability. What the Committee on the Whole did was to examine the accusations to determine what really happened.
What happened was worse than a mere double insertion. There was no double insertion, yes; but there was an insertion by Senator Villar to fund again –not once, but twice!- a project already funded. Worse, the said project was proposed by him because it would benefit his properties and he had receivables for the said project.
Just because you pretend to see no evil, hear no evil, or that you said anything evil, doesn’t mean you can make a monkey out of the Senate.
May I enter into the record a matrix of the assertions of the distinguished Nacionalista senator from Taguig-Pateros, and the factual answers to those assertions, which I have caused to be reproduced and distributed to our visitors and friends in the media, too.
This is about accountability. A senator who will not even condescend to defend himself before his equals, if elected to the presidency, will be a chief executive who will follow the same dark, twisted path Mrs. Arroyo has already carved out to her everlasting shame.
Let me say it gain: this is about corruption, corruption, corruption!
Thank you.
