Assessing the Cases Against Binay and Drilon

VP Binay and Senate President Drilon

Today, the online and offline world are witnessing via TV/Video, Radio/Audio, Newspaper/Text, Mobile and Social Media, allegations of Overpricing and Plunder.

The accusations are lodged against the second highest official of the Philippines, Vice President Jojo Binay as well as against the third highest, Senate President Frank Drilon. Binay is alleged to be involved in overpricing the construction of several buildings in Makati during his tenure as Mayor while Drilon is alleged to have conspired with DPWH Secretary Babes Singson and DOT Secretary Ramon Jimenez in overpricing the construction of the Iloilo Convention Center.

Senate Blue Ribbon Committee hearings are now going on to investigate any wrongdoing and find ways to aid legislation.

Watching the hearings, I find some glaring differences so far.

First. Vice President Binay refused to face his accusers, the Senate investigators, and other witnesses despite receiving an invitation to do so. On the other hand, Senate President Frank Drilon was willing to face them and, in fact, did.

Second. Oral testimonial evidence by former allies of Binay led by former Makati Vice Mayor Ernesto Mercado with personal knowledge and direct participation were offered against Binay. Accuser Manuel Mejorada in his oral testimony against Drilon admits to having no evidence to offer.

Third. Expert witnesses led by noted architects, engineers, real estate appraisers and the like were offered against Binay. Only “whispers” by supposed architects were offered against Drilon. These are not just inadmissible “hearsay” evidence, they are worse because one cannot even “hear the say”.

Fourth. Documentary evidence was offered to support accusations against Binay. So far, no valid documentary evidence has been offered to support the allegations against Drilon. Accuser Mejorada admits having sourced his supporting documents online such as Wikipedia. In fact, the available documentary evidence supports the defense for Drilon and co-accused instead.

Fifth. Arithmetic! The numbers tell the story. Computations of the figures tend to support the alleged accusations against Binay at the hearing. The numbers shown or mentioned in the Drilon hearing so far support the defense of Drilon, and of course, the two Cabinet Secretaries.

Sixth. Binay’s response so far has been a series of press releases and press statements, which are not under oath. His Affidavit, which is notarized, consists mostly of general denials, and general accusations against the Senate investigators as “judges, prosecutors, and witnesses” rolled into one. The said responses are not subjected to cross-examination and therefore to date, have no evidentiary weight. Drilon’s response and those of Secretaries Singson and Jimenez were quick, direct, and specific supported by facts, figures and expert witnesses. They were at the hearing available for cross-examination and in fact, did answer all the questions hurled.

Seventh. At the Binay hearing, Engineer Mario Hechanova, former head of General Services Department and vice chairman of Bids and Awards Committee admits to Bid-Rigging of the Makati contracts. At the Drilon hearing, accuser Mejorada ended up falsely alleging that the bid announcement of the project did not include scope of work – thus bids were mostly high. It turned out that scope of work were detailed at the Pre-bid conference and that interested bidders could request or buy copies of bid proposal forms. Any implication of bid-rigging re the ICC contract proved to be unfounded.

Eighth. Raissa Robles, a genuine, reputable, and very respected investigative journalist was presented as a witness and resource person at the Binay hearing. On the other hand, Mejorada presented himself also as an investigative journalist at the Drilon hearing. But, I must say, of the worst kind. According to DPWH Secretary Singson, Mejorada could have easily known the scope of work if he just asked Singson or his office copies of the documents containing the scope of work.

Furthermore, instead of investigating and going out there searching for the truth as journalists like Raissa Robles did, Mejorada accuses people before the Ombudsman and the Senate and expects them to use their subpoena powers to “fish” for evidence and support his accusations.

The most serious and in fact, the worst mistake that Mejorada committed in all these was to even falsely and wrongly include two of the most incorruptible Secretaries in PNoy’s Cabinet in his accusation of Overpricing and Plunder. Coming from and earning several times more from the private sector, they joined the government answering the call from President Aquino for good and honest public service.

In an interview, Senator Koko Pimentel who efficiently and effectively chairs the Senate Blue Ribbon Sub-Committee Binay hearing and who also attends the Drilon hearing, says, “No need to hold another hearing”, referring to the one of Drilon and ICC.

My immediate response on Facebook was, “Words of Senatorial Wisdom”.

But I think that the Blue Ribbon Senate committee will hold another one if only to hear another accuser, former Iloilo legislator Augusto Syjuco, Jr., as a matter of courtesy.

My barber says, “It would also give Senator Nancy Binay another opportunity to improve on and show better performance as a Senator in committee hearings.”

The Binays are hoping that in these Drilon/ICC hearings, public and media attention would be diverted from the Binay/Makati hearings. The effect is the opposite and their hopes dashed!

Senators Koko Pimentel and Sonny Trillanes are in both the Binay and Drilon investigations. Senator Alan Cayetano would most likely join them in subsequent hearings. Through them, Attention to the Binay investigation would be made; Differences would be spelled out; and Difficulties for the Binays (Senator Nancy on the inside and the Vice President as well as the other kids on the outside) in responding to the accusations would be felt more distinctively.

Mejorada o Gran Error

I watched the first hearing of the Senate Blue Ribbon Committee on the alleged Overpricing and Plunder charges re construction of the Iloilo Convention Center (ICC).

Manuel Mejorada, complainant for Plunder against Senate President Frank Drilon, DPWH Secretary Rogelio Singson, and DOT Secretary Ramon Jimenez before the Office of the Ombudsman, was the principal witness/resource person at the Senate hearing.

Represented by Senator Nancy Binay, the hope of the Binay family is to divert attention of the press/media and the public from the on-going Senate Blue Ribbon Subcommittee hearing re Makati Parking Building.  

It is probably premature but my first impression is that the effect could just be the opposite.  In fact, if the effect were not “multiplier”, it would definitely ADD (Attention, Difference, Difficulties).

Attention would be drawn more towards the Binay “overpricing” investigation; Difference or comparison would be made between the two; and most importantly, Difficulties await the Binays in explaining and responding to the allegations.

Manuel Mejorada

Manuel’s Error Mejorada or Gran Error: 
1.   Admission by Mejorada that he does not have any evidence proving conspiracy or guilt between and among Senate President Drilon, DPWH Secretary Singson, and DOT Secretary Jimenez;
2.    Basis of allegations only come from online sources such as Wikepedia carrying no evidentiary weight;
3.   Alleged supporting expert witnesses were heard by him only in “whispers” – worse than inadmissible “hearsay” because “no hear the say” and not under oath;
4.    Falsely alleging that the bid announcement of the project did not include scope of work – thus bids were mostly high. It turned out that scope of work were detailed at the Pre-bid conference and that interested bidders can request or buy copies of bid proposal forms;
5.   Claiming to be an investigative journalist but of the worst kind. According to DPWH Secretary Singson, Mejorada could have easily known the scope of work if he just asked Singson or his office copies of the documents containing the scope of work; 
6.    Complainant expects either the Ombudsman or the Senate to use subpoena powers to obtain evidence supporting his accusations.This is called “fishing expedition”;
7.   Alleging that because the maximum appropriation for the project was low, it resulted in“failure of bidding” twice. The bid proposals were high. The government stuck to the original appropriation even requiring “value engineering” for the bidders to reduce costs. It succeeded. Contrary to the accusation, the result was reasonable pricing but definitely NOT Overpricing; and
8.    Falsely and wrongly including incorruptible Cabinet Secretaries Singson and Jimenez in the Plunder complaint is definitely the worst mistake of all. Coming from and earning several times more from the private sector, they joined the government answering the call from President Aquino for good and honest public service.

VP Binay and Senate President Drilon

Drilon vs. Binay Investigations

1.   Senate President Frank Drilon was willing to face the Senate Blue Ribbon Committee and he did. Vice President Jojo Binay is not willing to.
2.    Testimonial evidence by former allies with personal knowledge and direct participation were offered against Binay. Accuser against Drilon admits that he does not have evidence.
3.   Expert witnesses were offered against Binay. Only “whispers” by supposed architects were offered against Drilon.
4.   Documentary evidence was offered to support accusations against Binay. So far, no valid documentary evidence has been offered to support the allegations against Drilon. In fact, the available documentary evidence supports the defense for Drilon and co-accused instead.
5.   Numbers tell the story. The numbers shown or mentioned at the Binay hearing support the accusations against him. The numbers shown or mentioned in the Drilon hearing so far support the defense of Drilon, and of course, the two Cabinet Secretaries.
6.    Senators Koko Pimentel and Sonny Trillanes are in both the Binay and Drilon investigations. Senator Alan Cayetano would most likely join them in subsequent hearings. Through them, Attention to the Binay investigation would be made; Differences would be spelled out; and Difficulties for the Binays (Senator Nancy on the inside and the Vice President as well as the other kids on the outside) would be felt more pronouncedly.

I can’t wait for the next Binay and Drilon hearings. Remember, Argumentum Contra Factum Non Valet Ilatio (Arguing against facts is an invalid inference). The Truth shall set you free!

The Double Meaning of “Mahal”

 “In the richness of its diversity, the grandeur of its scenic attractions, and the excitement of its visual contrasts, this place is unique and beyond compare.”

I have used this phrase to describe different beautiful places that I have been to. But the truth is, I know that in my heart, the place that I always think of every time I use the description is California.

Currently, I reside in the Washington, D.C. area where winter is never fun. It always reminds me of California Dreaming and its lyrics,

“All the leaves are brown and the sky is grey

I've been for a walk on a winter’s day

I'd be save and warm if I was in L.A.

California dreaming on such a winter’s day”

Most recently, I was in California again as I was in June and July. My June trip was sad because I had to attend the funeral services for my youngest sister, Mila Maynigo Denton Goldberg.

My July trip was both nostalgic and memorable. It was also joyful as I attended the 50^th Reunion of my Huntington Beach High School Class ’64.  Then I proceeded to San Diego to fulfill a family and legal obligation re the Estate of my sister.

The latest trip (October) took me to both San Diego and San Francisco. It was a very productive and fun trip both for personal, professional, and business reasons.

I went to San Francisco in order to attend the Dreamforce 2014 Conference being held at the Moscone Center. It featured as Keynote Speakers former US Senator and Secretary of State Hillary Clinton, former US Vice President Al Gore, Salesforce President Marc Benioff, and other CEOs of several successful innovative companies.

Entertainers Bruno Mars and the Beach Boys were at hand to perform while Musician and Technology Entrepreneur Will.I.AM launched a new wearable product and technology.

I must admit that I almost canceled my San Francisco trip. Although the registration fee costing over a thousand dollars was waived for credentialed members of the Press like me, hotel accommodations turned out to be “mahal” in hotels near Moscone Center – site of the conference. It went from $400 -$800/night.

Judith and Lino Yoro

A call to my favorite cousin Judith Miguel Yoro, married to Lino Yoro suddenly changed the meaning of “mahal” to something more agreeable to my liking as an Ilocano. I was invited to stay in their residential home, which is not too far from Moscone.

“Uber will just take care of my daily local transport needs,” I thought. Well, Judith and Lino were off at the time and happily drove me to Moscone. How lucky can one Ilocano like me be?

While previously, “mahal” meant expensive, it’s meaning became “love” because free accommodations were provided with love. :) 

Author with sister Nellie Maynigo Rabara

Attending the Dreamforce 2014 conference was really a joy. But joining the birthday celebrations of two relatives of mine was even more fun. My lone surviving older sister Nellie celebrated her birthday in a Buffet style restaurant. My niece on my father side, and cousin-in-law on the mother side, Lydia Miguel, celebrated her birthday at her beautiful home with two guest rooms available for me next time I go back.

Lydia Miguel

Indeed, “mahal” signifies a different and deeper meaning as relatives offer their homes to accommodate your needs for a brief period.  High in value materially, but much higher in value spiritually and emotionally.

A big thanks to Judith and Lino! I enjoyed my stay at their home in San Francisco.

Tiu-Gregorio MOA: Beset With Too Many Uncertainties

This is a copy of the one-page document that Antonio Tiu showed supporting his supposed ownership of the 350–hectare “Hacienda Binay” worth over P400 million. 

A careful read of the document apparently shows that:

1.     It was signed in January 2013;

2.     It was signed by Antonio Tiu representing SUNCHAMP Real Estate Development Corp, and Laureano R. Gregorio;

3.     It was signed WITHOUT WITNESSES;

4.     It was signed UNNOTARIZED;

5.     It was signed supposedly as a Real Estate Sale but UNREGISTERED;

6.     It involved a 150-hectare property out of the 350-hectare hacienda;

7.     There was NO DESCRIPTION of the real property being sold (except a mere reference);

8.     There was no assertion that Gregorio was the rightful Owner and Seller;

9.     There was no document attached showing proof of ownership of the real property by Gregorio;

10. In fact, Gregorio was given by SUNCHAMP two (2) years and with possible extension to deliver to the latter “all documents and/or titles evidencing the real and enforceable rights of SUNCHAMP over the Property;

11. “Pending thereof, Mr. Gregorio shall confer SUNCHAMP usufructuary rights over the property”;

12. The total sum “consideration for Property and all rights, title, and/or interests therein of Mr. Gregorio shall be P400 Million (in tranches and in cash and/or listed shares in the PSE to be agreed upon by the Parties based on the deliverables of Mr. Gregorio”;

13. The “consideration shall be adjusted depending on the fair market value of the Property as may be determined by a mutually acceptable appraisal company”;

14.  There was no proof of earnest money or down payment received by Gregorio either as partial payment or as a deposit; and

15.  SUNCHAMP, Antonio Tiu, and Laureano Gregorio were supposed to “keep with complete secrecy all confidential information disclosed to it or to him, and not to use any such information in any manner whatsoever.”

The MOA is presented by Antonio Tiu to prove ownership of the “Hacienda Binay”. The document tends to prove the opposite instead.

It is beset with too many uncertainties.

First, SUNCHAMP and Tiu are themselves unsure that Gregorio really owns the property. In fact, Gregorio is given two (2) years and possibly more to prove Title and Rights to the undescribed property. Until then, no transfer of ownership could be made.

Second, the uncertainty of ownership title and rights to the undescribed property by Gregorio automatically implies uncertainty to any right in transferring usufructuary rights to SUNCHAMP and/or Antonio Tiu.

Third, there is uncertainty as to the eventual sum consideration. In fact, it is made adjustable based on the fair market value to be determined by a reputable and mutually agreed upon appraiser.

Fourth, there is uncertainty as to whether the signatures are genuine. The MOA was signed WITHOUT WITNESSES and UNNOTARIZED.

Fifth, since it is UNNOTARIZED and UNREGISTERED, the questionable MOA is not enforceable against third parties and the whole world. An innocent purchaser of value who registers his purchase would have superior rights over SUNCHAMP and/or Antonio Tiu. There is uncertainty as to whether Antonio Tiu could retain his rights against others.

Sixth, the property involved could be subject to Land Reform and liable for unpaid current and past taxes.  The government could seize the property to satisfy tax obligations and/or for other law violations. This would make Antonio Tiu’s hold on the property uncertain.

Seventh, since the MOA does not give a specific description of the real property, there is uncertainty as to whether it is one large parcel of land with one title or composed of several parcels with separate titles.

Eighth, while the MOA could not protect Tiu from innocent third party-purchasers of value, it is even uncertain whether Tiu could enforce it against Gregorio by virtue of the provision on confidentiality.

Based on the above analysis, I am as uncertain whether the due diligence required from a supposedly successful businessman like Antonio Tiu and his presumably smart lawyers was really done.

Otherwise, one could not help but conclude that the one-page MOA involving 150 hectares valued at P400 Million is just a sloppy attempt by Tiu and company to hide the real owner and confirms Tiu as the dummy.