Plugging loopholes in anti-money laundering, bank secrecy laws

Remedial measures aimed to plug gaps and loopholes in at least four national laws as a result of the Senate investigation into the P728-million fertilizer fund scam
is being prepared by Independent Senator Richard J. Gordon.

Gordon, chairman of the Senate blue ribbon committee, said he is introducing significant amendments to these laws so that individuals would no longer take undue advantage of the present weaknesses of the country's legal system.

These laws are the 2001 Anti-Money Laundering Act (AMLA), the Implementing Rules and Regulations of the Anti-Money Laundering Council (AMLC), the Secrecy of Bank Deposit Act, the Government Procurement Reform Act, and the Omnibus Election Code.

"We are going to introduce important legislation in order to close gaps and loopholes in the AMLA and other laws. These will have to be recommended and I assure you that we will file completed bills," he said.

Among the bills Gordon is introducing include one that amends Section 10 of the AMLA aimed to lengthen the extension period of the freeze order from an additional six months, as provided by a Supreme Court Circular, to two years.

Under the proposed remedial measure, the two years freezing period should be applied for every six months in order to prevent grave abuse of discretion on the part of the AMLC.

Gordon noted that when the six-month effectivity period of the freeze order on the accounts of former agriculture undersecretary Jocelyn Bolante expired, the AMLC could no longer seek for extension of the freeze order since it has eaten up the allowable six-month maximum period.

He explained that had the AMLC filed a civil forfeiture case against Bolante, the bank accounts would not have been unfrozen and the former undersecretary would not be able to withdraw funds from it.

Meanwhile, Gordon is also filing a second bill which seeks to amend Section 2 of RA 1405 or the Secrecy of the Bank Deposit Act. Under the proposed amendment, former and current public officers and employees are deemed to allow the examination of all their accounts that are the subject of any investigation.

This refers specifically to those charged before the Courts with any violation of the Anti-Graft and Corrupt Practices Act or whose accounts have been frozen under RA 9160 as amended by RA 9194, also known as the Anti-Money Laundering Act.

According to the senator, during the hearings conducted by his committee on the alleged anomalous fertilizer project, they were restricted to scrutinize Bolante's bank accounts nor were they able to extract information relating to the accounts of Bolante because of the strict and inflexible confidentiality rule under the Bank Secrecy Law.

A third bill Gordon is filing seeks to amend Section 261 of the Omnibus Election Code of the Philippines, prohibiting the release of public funds 45 days before a regular election and 30 days before a special election.

It specifies the prohibition of release of public funds for all farm implements, farm inputs and post-harvest facilities under the Department of Agriculture and funds under the Agriculture and Fisheries Modernization Act.

Also prohibited would be the release of funds for all livelihood projects, all financial assistance for the local government unit or non-government organization, except, assistance for calamity or disaster, and all special projects of different departments and its attached agencies.

Lastly, Gordon is introducing a fourth bill which amends the Government Procurement Reform Act and seeks to include private institutions, non-government organizations, peoples' organizations and foundations that receive government money in the coverage of the Procurement Act.

Senate concludes probe on P728-million fertilizer fund scam

The Senate blue ribbon committee today said it is temporarily concluding its investigation into the P728-million fertilizer project as it readies its preliminary report on the findings and recommendations concerning the alleged anomalous fertilizer project.

Independent Senator Richard Gordon, committee chairman, said that after conducting eight public hearings, the panel has already gathered strong evidence against those public and private individuals implicated in the implementation of the project.

"I am submitting a preliminary report on all the hearings that I have conducted. There are still (pieces of) evidence that are forthcoming, like the bank accounts, the bank checks that I want clarified, as well as the shipping documents," he said.

"In effect, we already have enough, in our view, to be able to recommend the filing of cases against these people by the Ombudsman, and most importantly, introduce significant amendments to pertinent laws," he added.

Among these laws the Senate is introducing as a result of its probe into the fertilizer fund mess include the Anti-Money Laundering Law, Bank Secrecy Law, Procurement Act as well as amendments to the Implementing Rules and Regulations of the Anti-Money Laundering Council.

"It is not the task of the committee to prosecute. The main task of the Blue Ribbon Committee is to find the truth; look at the gaps and loopholes in our existing laws; and proposed amendments to those laws," Gordon said.

While the committee has gathered enough evidence against those involved in the fertilizer project and is ready to make a preliminary report, Gordon explained the panel would re-open the investigation once new information or witnesses would come out.

According to the senator, the committee has established the involvement of the characters involved in the fertilizer fund mess, stressing that there appears to be a conspiracy among the witnesses who appeared before the panel.

Gordon said former agriculture undersecretary Jocelyn Bolante is evidently involved in the implementation of the project as testified by Department of Agriculture (DA) regional directors, and not merely in downloading funds.

Meanwhile, businessman Jaime Paule, despite continuous denials that he is not involved and does not recognize other witnesses called to testify before the Senate, is deeply involved in the project as proven by documentary and testimonial evidence.

During the Senate hearings, Marites Aytona, Leonicia Llarena and Marilyn Araos have all pointed out that it was Paule who talked them into joining in the scheme to DA's farm input-farm implement project.

Aytona said it was Paule who asked her to make project proposals and gave out instructions on which foundations would be accredited for the project.

Araos, a "runner" for the said project for local government units in Regions III and IV, said she was ordered by Paule to open a bank account for Feshan Philippines, threatening her that she would lose her job if she would refuse to comply with his orders.

For her part, Llarena, owner of Dane Publishing and the alleged financier of the project, also testified that it was Paule who approached her to seek assistance in issuing "accommodation checks" for Feshan, the biggest supplier in the fertilizer project.

Gordon said that while these witnesses have testified against Paule, it would not get them "out of the woods" since it has been established that they were also part of the implementation of the project.

"They all appear to be conspirators in this project. In a conspiracy, the act of one is the act of all," he said.

He added that even Feshan executives Julie Gregorio and Redentor Antolin have their own faults insofar as the fertilizer project is concerned because they have agreed to enter into transactions involving DA funds despite irregularities.

Gordon said it is a dubious act to have Araos, who is not a Feshan employee, become the sole signatory of the Feshan account opened in Landbank Elliptical branch.

"It would appear that there is strong ground to declare some of these people in contempt. Everybody is pointing to one another, everybody is being evasive," he said.

"What we have now is a very, very big case that we can recommend now to the Ombudsman. There is certainly ground for contempt but I am more interested in the big picture, which is the case," he added.

Unfazed by demolition job

Independent Senator Richard J. Gordon today said he is unfazed by the recent attacks hurled against him by some sinister group out to distract the Senate blue ribbon committee's investigation into the P728-million fertilizer fund scam.

Gordon said he finds it suspicious that attacks against him surface just before the Senate blue ribbon committee he chairs would always present new witnesses with damning evidence against perpetrators of the fertilizer fund scam.

"I am not surprised I am now the target of hatchet jobs. The resurrection of these old cases that had long been dismissed is clearly a desperate political demolition job to discredit me and my reputation as a public servant," he said.

The Senate blue ribbon committee is scheduled to resume tomorrow (Jan. 26) its investigation into the P728-million fertilizer fund scam purportedly engineered by former agriculture undersecretary Jocelyn Bolante.

"The Senate shall stand steadfast on its sworn duty to check the excesses of any public officials along with their cohorts and patrons. We shall never yield, not before, not now, not ever," Gordon added.

Gordon was taking issue at the resurrection of a long dismissed move by former Congressman Dante Liban to oust him as chairman and chief executive officer of the Philippine National Red Cross (PNRC).

"Red Cross is a voluntary and independent organization. Under the law, every Filipino dedicated to serving with dignity and honor his fellow human beings should be a member of the Red Cross," he said, referring to Republic Act 95.

In 2006, Liban had been expelled as chairman of PNRC-Quezon City Chapter in a unanimous vote upheld by the Court of Appeals. He has been reportedly charged for robbery and estafa for failing to account P10 million of Red Cross funds.

Gordon also took exception at the call for the Ombudsman by the Crusade for a Better Philippines Movement (CBPM) chaired by Michael Say to make public graft cases against him which have long dismissed several years ago.

"I am not afraid that these old, rehashed issues have now been resurrecting because I know they are politically motivated. Nothing shall deter me from serving the people who put their trust on us," Gordon said.

Gordon said the move to resurrect the issue on the cases filed against him when he was still chairman of Subic Bay Metropolitan Authority is a clear indication of a desperate campaign to discredit him and taint his good name.

According to him, a quick check with the Ombudsman would show that these three cases had long been dismissed by then Ombudsman Simeon Marcelo as early as April 26, 2004.

He said that the recent attacks against him is nothing but a political smear campaign to mess up with the investigation of the Senate blue ribbon committee, which has successfully convinced witnesses to testify before the panel.

FAMILIES OF JAILED OFWs IN NIGERIA

Philippine National Red Cross chairman and Senator Richard J. Gordon consoles Jona Teodosio and Irene Balore, families of overseas Filipino workers jailed in Nigeria since Nov. 12, 2008. Thirteen Filipino crewmen of the tanker MT Akuada were apprehended by the Nigerian Navy for allegedly conducting illegal oil transport operations on the behest of their Greek ship owner. Gordon called on the Department of Foreign Affairs (DFA), Philippine Overseas Employment Authority (POEA) and Overseas Workers Welfare Administration (OWWA) to provide necessary assistance to the OFWs.

SURPRISE WITNESS

Two new witnesses, Joey Flordeliza and Natalio Castillo Jr., presented by Senate blue ribbon committee chairman Senator Richard J. Gordon, take oath as they testify before the panel’s probe on the P728-million fertilizer project. Flordeliza is the president of the National Organization for Agricultural Enhancement and Productivity, one of the proponents of the project. Businessman Castillo, the surprise witness, said that Jaime Paule, who told him former agriculture undersecretary Jocelyn Bolante backed him, offered him to take part in the project.

A GAZA CHILD’S PRESENT

Independent Senator Richard J. Gordon receives a drawing from three-year old Mohammed Saleh Wady, a Filipino-Palestinian who, along with his entire family, was among the 34 recently repatriated Filipinos from Gaza. Gordon said he will help Mohammed’s father, Saleh Soliman Wady, to acquire Filipino citizenship so he may continue to live in the Philippines with his wife of 21 years, Aisha Manlalangit-Wady, a Filipina, and their other children.

RP on Guinness Record for most murders

While there is nothing wrong with setting world records, the country should focus on more important things, such as erasing the record of having the most number of murders in the whole world,Independent Senator Richard J. Gordon said today.

Gordon learned that among the records set by the Philippines in the 2009 "Guinness Book of World Records," the most noteworthy of all is the item stating that the country has the most number of recorded murders in the world.

"Our country has a penchant for setting world records on almost anything under the sun, but this record of having the most murder cases recorded tells something really serious in our country's public and order situation," he said.

In the 2009 Guinness Book of World Records, the Philippines, with 3,515 homicides in 2004, is the country with the highest number of murders for the latest year available in the records of the United Nations.

The country has set several records on various things with the recent ones as largest sticker wrap in the world, longest pastillas, most number of people tooth brushing, longest beer bar, and longest barbecue, longest longganiza, among others.

Gordon said that while most of the records the country sets symbolize the unity, cooperation, creativity and diligence among the citizens, the negative record could only stain these achievements because of the gravity of the issue involved.

The senator said the matter should not be taken lightly because the country and its people's reputation are at stake.

"We have heard of studies branding our nation as one of the most corrupt countries, or one of the most dangerous places for journalists, and now we have this record on being number one on murders," Gordon said.

"We should shudder at this world record because it shows that the best legacy our generation will leave behind is our reputation for succeeding at killing people than making our country safe," he added.

Gordon, whose own father was assassinated in the line of public service, has been very vocal in condemning murders perpetrated against individuals especially those killed in the line of duty such as journalists, judges and public officials.

Foundations were used to launder money

Foundations were used to cover up for the well-entrenched corruption scheme in the P728-million fertilizer fund scam, allegedly engineered by former agriculture undersecretary Jocelyn Bolante,Independent Senator Richard J. Gordon said today.

Gordon, chairman of the Senate blue ribbon panel, said the Senate probe into the fertilizer fund scam is now nearing its end with the scheme already being pieced together through the documentary and testimonial evidence presented by the witnesses..

"Sa palagay ko natatahi-tahi na natin. Nadikit-dikit na from the bank account all the way to Bolante. We can now trace the paper trail; foundations were used to launder money," he said.

"We are now nearing the end of the investigation. We only need the other names mentioned to surface but what we have will already suffice," he added.

During the 7th public hearing on the P728-million fertilizer fund scam, businessman Jaime Paule's involvement in the fertilizer fund scam was established when Marilyn Araos testified she was ordered by Paule to open an account at the Land Bank-Elliptical Road Branch for Feshan Phils., the biggest supplier in the fertilizer project, and sign blank checks for the company.

She added that Paule threatened her that she would lose her job if she would refuse to comply with his orders. Araos is a "runner" for the said project for the local government units in Regions III and IV, where she gets one percent commission for every transaction.

Surprise witness Natalio Castillo Jr. disclosed how Paule approached him to finance the project and when he turned it down, he referred his friend Joselito Flordeliza for the use of his foundation, the National Organization for Agricultural Enhancement and Productivity, Inc.

Flordeliza, president of the foundation, also disclosed that the foundation would get three percent for every transaction that would be completed and that Paule recommended Marites Aytona to manage the project with the Department of Agriculture (DA) when Flordeliza said he was too busy to manage it.

Leonicia Llarena, owner of Dane Publishing, also testified that it was Paule who approached her to seek assistance in issuing checks for the project. Both Llarena and Paule and their respective families had been friends for some time.

Gordon said that the testimonies of the witnesses showed that a large chunk of the funds purportedly intended for the DA's Farm Input-Farm Implement (FIFI) project ended up in some individuals' pockets and that only a small part really went to the actual purchase of fertilizers.

Ombudsman derelict of duty

The Ombudsman is derelict in its duty of investigating and filing appropriate charges against those government officials implicated in the P728-million fertilizer fund scam said Independent Senator Richard J. Gordon today.

Gordon, chairman of the Senate blue ribbon committee probing the anomalous project, said that despite having more than a thousand days to charge officials implicated in the project, the Ombudsman has failed to do so.

"The case has been here in the Senate for more than 1,019 days and up to now the Ombudsman has not filed a single case. If the case is under litigation, the bank secrecy law can be pierced because this is a serious matter of dereliction of duty," he said.

If only the Ombudsman had filed a case against former agriculture undersecretary Jocelyn Bolante, Gordon explained that the government would have been able to look into his alleged 32 accounts before the freeze order on the accounts lapsed.

The accounts were frozen through the petition of the Anti-Money Laundering Council (AMLC) but were thawed after the six-month effectivity period of the freeze order expired last Dec. 20.

During the hearing on the fertilizer fund scam last Tuesday, Bolante admitted he was able to withdraw money from the accounts after it was unfrozen.

Invoking his right under the Bank Secrecy Law, Bolante declined to disclose how much and from which accounts he withdrew the money. He also refused to issue a waiver allowing authorities to look into his questioned accounts for the sake of transparency.

"Unfortunately, there seems to be dereliction of duty on the part of the Ombudsman. The Senate has been investigating this (issue) for more than 1,019 days in two Congresses, pero wala pang pina-file sapagkat kung merong kaso, hindi makukuha ang perang yan," Gordon said.

The Senate blue ribbon committee's probe under Gordon has unearthed strong documentary and testimonial evidence on Bolante's direct participation in the implementation of the Department of Agriculture's farm input-farm implement project.

During the Nov. 25 hearing of the committee, all DA regional directors testified they received respective memoranda signed by Bolante, which clearly stated the project proponents, whether local government unit or congressional district, to whom allotments were transferred.

Furthermore, Director Roger Chio of DA Region 11, said it was Bolante who signed a purchase request for 2,000 pieces of foliar fertilizer at P1,500 each.

Dir. Ricardo Oblena of Region 7 testified that Bolante had asked him to replace a non-government organization, named by the Kalibo local government as recipient of the funds, with the NGO National Organization for Agricultural Enhancement and Productivity Inc.

Meanwhile, new witness businessman Natalio Castillo Jr., who appeared in the hearing last Tuesday, said that Jaime Paule offered him to take part in the project.

Quite skeptical of Paule's capability to obtain such a project, Castillo asked who his contact in the DA was. Paule told him it was Joc-Joc Bolante.

Senate asks DOJ to issue hold departure order vs Paule

The Senate blue ribbon committee has asked the Department of Justice to issue a hold departure order (HDO) against businessman Jaime Paule, one of the alleged conspirators of the P728-million fertilizer fund scam.

Independent Senator Richard J. Gordon, committee chairman, made the request for HDO in a formal letter he sent to Justice Secretary Raul Gonzalez aimed to prevent Paule from fleeing the country while he is still under investigation by the Senate.

"We have to request for a hold departure order because we have to make sure that Mr. Paule does not leave the country while he is still under investigation," he said.

Gordon said the committee is taking all necessary actions so as not to give the witnesses a chance to flee from the Senate's probe.

He noted that the Senate had been searching for Paule to testify before the hearings of the blue ribbon and agriculture committees of the 13th Congress, while the blue ribbon committee under his leadership also had a hard time looking for him since there are several other Jimmy Paules in the records of the National Bureau of Investigation

Gordon added that it was through the committee's arrest order that prompted Paule to finally surrender to the Senate last Dec. 23 and testify before the panel yesterday.

The senator explained that Paule has been evasive and testifying falsely during the course of last Tuesday's hearing as proven by the statements of almost all the other witnesses present in the inquiry.

The Senate committee is set to decide today whether to cite Paule in contempt and detain him, along with Marilyn Araos, who were both evasive in answering the panel's questions thrown at them.

"The members of the committee agreed that Paule has been very evasive. It is the same with Araos. So depending on the consensus of the committee members, Paule and Araos may be cited in contempt," Gordon said.

While Paule maintained that he does not know Araos and that he never worked with Marites Aytona for the Department of Agriculture's farm input-farm implement project, the two witnesses testified in contrast.

Araos, the sole signatory in the bank account of Feshan Philippines, said she was ordered by Paule to open a bank account for Feshan Philippines, the biggest supplier in the project, and sign blank checks for the company.

She added that Paule threatened her that she would lose her job if she would refuse to comply with his orders. Araos is a "runner" for the said project for local government units in Regions III and IV, where she gets one percent commission for every transaction.

For her part, Aytona said it was Paule who asked her to make project proposals and was the one giving out instructions on which foundations would be accredited for the project.

Meanwhile, Leonicia Llarena, owner of Dane Publishing, also testified that it was Paule who approached him to seek assistance in issuing checks for the project. Both Llarena and Paule and their respective families had been friends for some time.

Gordon said a case for false testimony could be filed against Paule.

"It is possible that a false testimony case may be filed against him (Paule). Wala siyang pinapakita kundi denial. Ang false testimony pag na-prove yan, makukulong siya," he said.

Gregorio's recantation proof of massive corruption

The recantation of Feshan Phils. President Julie Gregorio merely showed that a huge chunk of the funds purportedly intended for the Department of Agriculture's (DA's) Farm Input- Farm Implement (FIFI) project ended up in some individuals' pockets, Independent Senator Richard J. Gordon said today.

Gordon, chairman of the Senate blue ribbon panel, said that based on Gregorio's admission regarding the real cost of the fertilizers, only a small part of the fund really went to the actual purchase of fertilizers.

"Ms. Gregorio sold the fertilizers at P150 per bottle but some individuals passed it at P1,500 each. So this is enough proof that this fund was really stolen," he said at the 7th public hearing on the P728-million fertilizer fund scam.

Gregorio, whose company was the largest supplier of fertilizer for P728-million fertilizer fund scam allegedly engineered by former agriculture undersecretary Jocelyn Bolante, recanted parts of her first testimony and apologized to the blue ribbon panel for her misleading statement.

She belied her earlier claim that the fertilizers cost P600 per bottle, admitting that they really only cost P150 each.

Gregorio also added that she found her earlier disclosure that the total amount deposited in Feshan's Land Bank Elliptical Road Branch account was only P102 million to be false as she recently discovered when she requested for copies of the bank statements of the account, that total deposits actually amounted to P152.8 million.

Gordon said Gregorio's recantation was clear.

"Ang recantation malinaw. Admission against interest practically yun dahil ang sinasabi niya nangyari ito dahil napilitan siya kasi gusto nyang ipagbili yung stock ng Feshan at nabigyan siya ng pagkakataon," he said.

Gordon noted that the Feshan president apparently did not get a huge profit from the project.

"She earned a very meager profit. It also appears that she was not the signatory in the Feshan account but Marilyn Aytona, the friend of both Paule (Jaime) and Aytona (Marites). They signed the checks and the money was released," he said..

"They also mentioned tax amnesty. It was clear that the tax amnesty was used to erase Feshan's tax obligation or else Feshan would also pay for it," Gordon added.

Anti-Money Laundering Council admonished anew

For failing to forewarn the Senate of the expiration of the freeze order on the 32 accounts of former agriculture undersecretary Jocelyn Bolante, the Anti-Money Laundering Council (AMLC) was admonished anew by Independent Senator Richard J. Gordon.

Gordon, chairman of the Senate blue ribbon committee, said that since the freeze order on the 32 alleged accounts of Bolante had effectively lapsed last Dec. 20, the former undersecretary was able to withdraw funds from it.

"The AMLC told the bank accounts about the expiration of the freeze order, but why not the Senate which is doing an investigation on the said accounts? They should have informed the panel too," he said.

During the hearing, Bolante, the alleged architect of the P728-million fertilizer project, admitted that he already withdrew money from the accounts, although he refused to disclose how much and from which accounts he withdrew.

Bolante invoked the Bank Secrecy Law even as he refused to issue a waiver to allow authorities to look into his questioned accounts for the sake of transparency.

Gordon explained that had the AMLC told the Senate about it and had they filed a civil forfeiture case, the bank accounts would not have been unfrozen and Bolante would not be able to withdraw funds from it.

However, AMLC executive director Vicente Aquino said he did not feel it was his obligation or his civic duty to tell the panel about the impending expiration of the freeze order because no one asked him about it.

But Gordon said Aquino need not to be asked since it was part of AMLC's duty to inform the panel since they are doing an investigation on the bank accounts.

"You don't have to be asked," he told Aquino in dismay.

The senator earlier reprimanded the AMLC for not taking necessary actions to prevent the thaw of Bolante's bank accounts, which was unfrozen after the six-month effectivity of the Court of Appeals' freeze order lapsed last Dec. 20, 2008.

Appeal for safe release of Red Cross workers in Sulu

Philippine National Red Cross (PNRC) Chairman Senator Richard J. Gordon today appealed to the abductors of a delegation of the International Committee of the Red Cross (ICRC) to immediately release the workers and spare them from any harm.

Gordon, also a governor of the International Federation of the Red Cross (IFRC), made the appeal after Swiss Andreas Notter, head of the delegation, Filipina Mary Jean Lacaba, and Italian Eugenio Vagni were taken against their will after a humanitarian mission in Jolo, Sulu.

"We appeal to those who have taken these workers to make sure that you do not harm them and release them the soonest possible time. These are innocent non-combatants doing humanitarian work. They are not your enemies," he said.

Gordon narrated that at about 11:30 am today, a team of ICRC workers aboard a vehicle of the PNRC Sulu Chapter had just left the Sulu Provincial Jail after visiting detainees and doing water and health sanitation inspection when they were waylaid by armed men in motorcycles.

The unidentified armed men took the PNRC marked vehicle along with Notter, Lacaba and Vagni but leaving behind three others?Dr. Ritchie Sorilla, Ramon Catacutan and Tausug guide Mohammad Shater Jeriki.

Gordon said they have been trying to establish a line of communication with the victims as the abductors have not yet contacted the Red Cross.

The PNRC Chairman said that the victims were merely doing their duty of alleviating human suffering, in that particular case, they were carrying out water and health sanitation project to ensure that the detainees are in good condition.

"These are neutral personalities. They are there doing useful work for those who are already excluded from combat that is why they were in prison visiting detainees making sure that the conditions thereat are better and doing things to improve them," Gordon said.

"We appeal to the abductors to release the workers and keep in mind that the Geneva Convention provides absolute protection for people doing humanitarian work," he added.

Gov't called to act on cases of Filipino seafarers jailed in Nigeria

Various government agencies were called on today to act swiftly in helping 13 Filipino crewmen of the tanker MT Akuada who have been languishing in jail in Nigeria since November last year.

Independent Senator Richard Gordon made the call as he vowed to extend all the help he could give to the Filipino seafarers in his capacity as senator and as chairman and chief executive officer of the Philippine National Red Cross (PNRC).

"I have called the attention of the DFA, OWWA and POEA to look into the cases of these Filipino crewmen who have been in jail for more than two months now. The government should be doing the necessary actions to help them," he said.

Gordon said he wants to know from the Department of Foreign Affairs (DFA) what really happened to the seafarers and if they are being provided with the necessary legal assistance to represent them in the Nigerian court.

He also ordered the Philippine Overseas Employment Authority (POEA) to cancel the license of Seagem, the local manning agent of the Greek ship owner Maritime Management Synergy, which is suspected to have dealings with rebel groups in the Niger Delta.

The 13 seafarers who were arrested are: C/O Erwin Antas, 2/E Ronie Fabricante, C/E Celso Zapanta, Electrician Pedro Germentiza, AB Marcelo Galola, Bosun George Balore, AB Ruel Dosdos, AB Arjay Alvarez, OS Rolan Rao, Oiler Richard Peniano, Oiler Celso Baez, Messman Reagan, and 3/E Sebastian Teodosio.

The Filipino crewmen were apprehended by the Nigerian Navy for allegedly conducting illegal oil transport operations on the behest of their Greek ship owner.

Gordon said Jona Teodosio, wife of Sebastian, and Irene Balore, mother of George, have personally sought the help of Red Cross after receiving information that the two seafarers are reportedly suffering from malaria and pneumonia.

The PNRC chairman immediately requested the International Committee of the Red Cross (ICRC) to conduct jail visit and extend possible services to help the seafarers who have been detained at the Port Harcourt Economic Finance and Crime Commission in Port Harcourt Nigeria since Nov. 12, 2008.

"It always saddens me to hear that our fellow Filipinos have to suffer in foreign lands just to provide for the needs of their families here in our country. That is why it is very important for the government to address the concerns of our OFWs," Gordon said.

Last Jan. 6, Gordon also helped bring home four Filipina-Muslim workers who were promised a job at Bahrain but were stranded in Bangkok, Thailand because the plane tickets given by their recruiter were not paid.

The senator ordered the POEA, the Overseas Workers Welfare Administration (OWWA), and the National Bureau of Investigation (NBI) to go after the recruiters of the four overseas Filipino workers and to implement measures that would prevent such incidents from happening again.

In view of "Alabang Boys", scorecard system for prosecutors proposed

The implementation of a scorecard system for prosecutors to keep track of their performance and determine who among them have dismissed than filed cases
was proposed by Independent Senator Richard J. Gordon today.

Gordon made the proposal as some prosecutors and officials of the Department of Justice (DOJ) were alleged to have been bribed to dismiss the drug-related cases of the so-called "Alabang Boys".

"We should have scorecards for prosecutors. If a prosecutor dismisses cases too soon and too often, we should look into that. The Department of Justice should closely look after those who keep on dismissing cases," he said.

"If, for example, a prosecutor has 300 cases and he was only able to file two, what would that mean? We cannot help but suspect that either he was bribed to dismiss most of the cases, or there is lack of evidence," he added.

Gordon noted that one of the reasons for the continuous upsurge in the number of drug traffickers in the country is due to poor investigation and prosecution of drug-related cases.

He stressed that a performance review of prosecutors and policemen, especially those assigned on drug-related cases, should be done to determine the area where they lack training.

He said it is important to have effective law enforcement training among anti-narcotics agents, especially among military men who are tasked to do police work, so that they may be well aware on how they should enforce the law.

"Through the scorecard, the DOJ would see how many drug-related cases were dismissed and why. If most of the cases were dismissed due to lack of sufficient evidence, then we will have to look into how policemen are doing their investigation," Gordon said.

"Our law enforcers should undergo training on investigation and proper handling of evidence so that cases would not be dismissed for lack of evidence or mere technicality," he added.

Gordon also said that the country's ever-growing problem on illegal drugs could be solved if a deadline is imposed on the proper investigation, prosecution and conviction on drug-related cases.

PNRC, NPC ink insurance deal for mediamen

Media men covering disaster and conflict-stricken areas are now protected in case of accidents as officials of the Philippine National Red Cross (PNRC) and the National Press Club (NPC) formally signed today a Memorandum of Agreement (MOA) granting insurance benefits to journalists.

The MOA was signed between PNRC Chairman and Chief Executive Officer Sen. Richard J. Gordon and NPC President Benny Antiporda in a simple ceremony, witnessed by officials and members of both organizations, at the PNRC Headquarters.

Also present in the event are PNRC Secretary General Corazon Alma de Leon, Deputy Secretary General Gwen Pang, NPC Vice President Rolly Gonzalo, NPC Secretary Louie Logarta, NPC Directors Amor Virata, Freddie Manalac, and Marlon Purificacion.

"This event is a humble manifestation of communion with the primary humanitarian organization in the whole world, the Red Cross. Gusto namin kasama kayong mga taga-media dito sa Red Cross," Gordon said.

He explained that in signing the MOA, the 1,200 bona fide members of the NPC will become members of the PNRC apart from receiving insurance benefits of up to P300,000 provided by Prudential Guarantee and Assurance Inc.

Gordon explained that NPC members will be enrolled as "Platinum Members", which means the insurance package would cover benefits for accidental death, disablement, dismemberment; and unprovoked murder and assault amounting to P300,000.

The Platinum category also covers benefits for accidental medical reimbursement up to P10,000; burial assistance (as a result of accident) worth P5,000; and daily hospital allowance (maximum of 60 days) worth P200 per day.

Gordon said that through the MOA signing, a stronger partnership between the PNRC and the NPC will also be forged as the Red Cross would provide NPC with updates of its activities and operations thru its communications department.

Meanwhile, the NPC would exert its best efforts to cover all of PNRC's rescue and relief activities, extend help in disseminating information during times of disasters, and assist in raising funds and awareness for the PNRC's various programs.

The PNRC Chairman also encouraged the new Red Cross members to remember that being a volunteer is not something to be bragged about, but a noble task that must be kept in their minds and in their hearts and shown through swift and sincere actions.

Best of Region XII & ARMM featured at Intramuros History Town

The people of Region XII and the Autonomous Region in Muslim Mindanao (ARMM) will join hands today in welcoming visitors of History Town Philippines in a "gathering" for peace, the opening of the Best of Regions in Intramuros, Manila.

One hundred children garbed in colorful Muslim, Christian and ethnic attires representing distinct cultural groups and ethnic communities of the region will sing and dance their hopes for peace in a dramatic way everyone will always remember..

"The world-famous WOW PHILIPPINES is back again in Intramuros. Today it will feature the best of Region XII and the ARMM," Independent Senator Richard J. Gordon, who will lead the opening ceremonies, said.

"The Best of the regions forms part of our continuing advocacy and action towards achieving greater unity among Christians, Muslims, and other indigenous cultures," he added.

With the theme "Kuyog Tanu Ko Kalilintad (Together in Peace)", the tourism and trade event will feature the two regions' culture, history, heritage, and most importantly its people.

Gordon, chairman of the Senate committee on tourism, said the opening ceremonies will be highlighted by the presentation of the letters written by 100 children of the regions. The letters will be deposited in a "lakub" (Vessel of Hope) and will be bundled up together to signify unity.

The Vessel of Hope will be kept in the Mosque until the closing ceremonies of the regional showcase on Feb. 8, when the vessel shall be taken out of the Mosque and all the letters will be buried in a symbolic tree-planting ceremony within Intramuros.

Gordon said the event will not only promote tourism, trade and investment in the region but more importantly, unite the people of the region, regardless of culture and faith, to advocate and achieve peace in Mindanao and largely, in the entire country.

He added that the exhibit will include a booth for the "Fruits of Hope" where fruits from provinces in the ARMM will be sold at low prices.

In 2007, Gordon launched the "Fruits of Hope" project, which embodies the hopes of varied groups and sectors for peace and prosperity in Mindanao and Sulu, to bring at least 30 tons of fruits from Mindanao to the markets of Manila.

Sto. Niño celebration kicks off today in Intramuros

Independent Senator Richard J. Gordon leads today the opening of the month-long celebration of the feast of the Sto. Niño with a grand procession at the Clamshell in Intramuros, Manila .

Gordon, chairman of the Senate committee in tourism, said that the procession of images of the Child Christ is the kick-off event of the nationwide celebration of the Sto. Niño feast every January.

"Filipinos in several parts of the country are now preparing for their respective festivals in honor of the Sto. Niño," he said.

"Here in Intramuros, we are going to celebrate the event through a procession where all houses and establishments inside the Walled City were decorated with images of the Child Christ as a show of participation in the celebration," he added.

Gordon, a long-time devotee of the Sto. Nino, explained that most famous Philippine festivals are done in honor of the Sto. Niño, which is a symbol of the Filipino people's Christianization.

He said the history of the Sto. Niño festival dates back in 1521 when Ferdinand Magellan introduced Christianity to the people of Cebu and offered a Sto. Niño image as a baptismal gift to Rajah Humabon's wife, Hara Amihan.

Various festivals such as Ati-atihan in Kalibo, Aklan, Sinulog in Cebu City , and Dinagyang in Iloilo City , among others, all celebrate the Filipino Catholics' devotion to the Sto. Niño.

Gordon deployed full support for the promotion of these festivals especially when he was tourism secretary.

He said that the Intramuros event, which is a first in the Walled City , is also a show of support and a promotion of the Sto. Nino festivals nationwide since it would feature presentations similar to the famous festivities.

"The devotion of Filipinos to the Sto Nino is an essential part of our Christian history. It is only fitting that we celebrate this devotion not only as a sign of reverence to the Child Christ but also in respect to the Filipino tradition," Gordon said.

Gov't must go after illegal recruiter of 4 stranded OFWs in Thailand

Various government agencies should go after the recruiters of four Filipina-Muslim workers who were promised a job at Bahrain but were stranded in Bangkok, Thailand, independent Senator Richard J. Gordon ordered today.

Gordon made the directive to the Philippine Overseas Employment Authority (POEA), Overseas Workers Welfare Office (OWWA) and the National Bureau of Investigation (NBI).

"The POEA, OWWA and the NBI should help these individuals and they have to do something about it because this has happened a lot of times already," he said.

"We have to take care of our people. Before our people leave the country and go abroad to work, the government agencies concerned must do their part in ensuring that these workers have proper documents and that they have coordinated with the POEA," he added.

Gordon said the four overseas Filipino workers (OFWs)--Harnea Sanduyugan, Guiamela Esmael, Norhata Mentol and Nhoraisa Asi--sought help from the Philippine National Red Cross (PNRC) after they were stranded in Bangkok with no money for a plane back home.

He said that according to the victims' statements, they were stranded at the Bangkok airport because they had no plane tickets to Bahrain. They had plane tickets back to Manila but they were not able to use because the tickets were not paid.

Out of the four victims, who all natives of Cotabato City, Mentol was the first to arrive at Bangkok on Dec. 21, followed by Sanduyugan and Esmael on Dec. 22 and the last was Asi on Dec. 23.

Gordon, chairman and chief executive officer of the PNRC, said that after the victims suffered hunger and the cold weather for several days and spending the holidays in a foreign country, they decided to seek help from the PNRC so they could come back home.

He added that the victims expressed fear against their recruiter Alex Omar, reportedly a member of the Philippine Army in Kabuntalan, Maguindanao, after they were told that they will have to pay P60,000 each if they would come back to the Philippines.

"These Filipinas have experienced suffering in a foreign land. As chairman of the PNRC, it is my duty to alleviate their suffering that is why I coordinated with Red Cross volunteers in Bangkok to help them. Today they have arrived here safely," Gordon said.

"However, in my capacity as a senator, I have called on the POEA, OWWA and NBI to work on the cases of these victims and not only go after the recruiters but also implement measures that would prevent the same incident from happening again," he added.

In November 2006 Gordon aided the repatriation of at least 240 OFWs from Kazakhstan who wanted to escape being caught in the middle of a bloody conflict between Kazakh and Turkish workers there. Gordon immediately tapped his contacts to help the trapped OFWs.

Also in November 2006, the senator urged the Department of Foreign Affairs to ask the Lebanese government to tell its citizens to refrain getting the passports of OFWs and preventing them from fleeing Lebanon as it is their human right to escape being caught up in the middle of a war.

Dismay over AMLC's failure to prevent thaw of Bolante's frozen accounts

The failure of the Anti-Money Laundering Council (AMLC) to take necessary actions to prevent the thaw of the frozen 32 accounts believed to have been used by former agriculture undersecretary Jocelyn Bolante to funnel the P728-million fertilizer fund scam dismayed independent Senator Richard J. Gordon.

Gordon, chairman of the Senate blue ribbon committee, requested AMLC Executive Director Vicente Aquino and Solicitor General Agnes Devanadera to clarify why no civil forfeiture case was filed against the Bolante accounts during the six-month effectivity of the freeze order.

"Six months, the maximum period of the freeze order the law allowed, had lapsed without a single civil forfeiture case being filed against Mr. Bolante. AMLC has been remiss on running after these suspicious Bolante accounts," he said.

During the last Dec. 10 hearing on the P728-million fertilizer fund scam, Aquino has assured the senators that the AMLC is doing its job, although it admitted that it cannot divulge any information on its ongoing investigation.

"What AMLC should have done was that, while the assets have been frozen in the six-month period, they should have filed for preliminary attachment, forfeiture or extension, Clearly, this was not done by AMLC, and ergo, they are remiss of their duties," he added.

The Court of Appeals initially issued a 20-day freeze order on Bolante accounts, and extended it further until Dec. 20, 2008 apparently to be able for AMLC to complete its comprehensive financial investigation of the questioned accounts.

The appellate court has yet to issue a certification that the questioned bank accounts may now be disposed off by Bolante, the alleged architect of the P728-million fertilizer fund scam.

"Now that the freeze order has already expired and there is no extension of the order, Bolante can no longer be prevented from withdrawing the funds. The legal impediment has now been practically lifted," Gordon said.

Gordon said that for instance the AMLC, through the Solicitor General, should file for forfeiture under "The Rules of Procedure in Cases of Civil Forfeiture under Republic Act 9160" and all legal actions available to prevent the thaw of the Bolante accounts since they (accounts) are imbued with public interest.

"These accounts could possibly involve money from the fertilizer fund the Senate is now investigating. In the interest of public accountability, these accounts should remain frozen," he said.

He explained that the panel is now focused on revealing where the fund supposedly for the Department of Agriculture's farm input-farm implement project really went.

During the Dec. 22 committee hearing, Feshan Philippines president Julie Gregorio revealed that while the company declared a P105-million sales of fertilizer from the government, the amount actually paid to them was only P50 million.

Gregorio added that the payment was deposited to an account opened at the Land Bank Philippines branch in Elliptical Circle in Quezon City under the name of a certain Malyne Araos.

"We already know that the P50 million went to Feshan. What we want to know is where the other P55 million went or who benefited from it. Since Ms. Araos is the only signatory of the bank account, she'd naturally know where it went," he added..

Gordon said the committee is on the path of gradually revealing where the P105 million of the whole P728-million fund went. The next step, he added, would be to find out on whose hands the remaining P623-million landed.

May 2010 poll automation, a lasting legacy for the nation

President Gloria Macapagal Arroyo will leave a lasting legacy for the nation's democracy should she fulfill her electoral pledge to automate the May 2010 presidential elections, Independent Senator Richard J. Gordon today said.

Gordon, author of the Amended Automated Elections Law, said it would be a great legacy for the nation and the Filipino people if the Arroyo administration could clean up the electoral system through the full automation of the May 2010 elections.

"Time and again, past presidents promised but failed to automate the elections. The people no longer want to hear promises but rather see results. Any administration who could realize the full automation of elections would leave a lasting legacy," he said.

Gordon, former chairman of the Senate constitutional amendments, revisions of codes ad laws committee, noted that the automation of the electoral process is included in President Arroyo's 10-point agenda.

The senator urged Malacañang to have the Department of Budget and Management (DBM) submit to Congress the supplemental budget for the automation of the 2010 elections as soon as Congress resumes its session on Jan. 19.

He said the Commission on Elections (Comelec) should now start preparing for the poll automation since there is not much time left to have everything done appropriately. However, he added that the poll body cannot do so without the necessary budget.

"There's still a lot to be done for the full automation of the May 2010 elections. Aside from the acquisition of the electronic voting and counting machines, the Comelec must organize teachers' training and nationwide voters' education," Gordon said.

"We must always put into mind that the election automation would realize our dream of having an honest, clean and credible election. But the continued delay in providing the necessary funds will only cause further setback for the Comelec," he added.

The Comelec has reportedly reduced the proposed budget for poll automation to P13.9-billion after some senators rejected the P21-billion supplemental budget the poll body submitted to the DBM.

Intramuros History Town attracts 75,000 tourists

More than 75,000 foreign and local tourists had already trooped to Intramuros to visit the History Town Philippines which re-opened a month ago.

Independent Senator Richard J. Gordon, chairman of the Senate committee on tourism, said the Intramuros Administration (IA) reported that at least 75,000 visitors have already visited History Town in the walled city since it re-opened last December 5, 2008.

"The world-famous Wow Philippines is back again in Intramuros and it has already attracted many tourists both foreign and local," he said.

Gordon said Intramuros re-opened last month with a theme PASKONG PILIPINO, which showcased the best Christmas traditions and practices in the select regions of the Philippines.

Visitors were treated to concerts, festivals, weekend electric parade, fireworks, exhibits, handicrafts, craft and food demonstrations, folk games, historical tours, native cuisine and rock jams.

Gordon, a former tourism secretary, stressed that along with the influx of tourists in Intramuros is the creation of jobs for many Filipinos.

He explained that the History Town Philippines program gives jobs to about 40 to 45 exhibitors every month and more than 200 cultural performers every weekend, aside from the tour guides, vendors and coachmen, among others, that are given opportunity for livelihood or extra income.

Gordon said the exhibits and fairs featured in Intramuros also allow people to go back in time and relive the important details of the nation's history.

"It has always been our goal for Intramuros to not only provide jobs through tourism, but also to bring people closer to our history so that we may all be aware of our roots," he said.

"It is good to see that this early, Intramuros has already attracted many tourists and it has also provided jobs for many of our fellow Filipinos," he added.

Starting Jan. 13, the Best of the Regions will be re-launched at the Clamshell, where the first to showcase its rich culture and history are Region XII and the Autonomous Region in Muslim Mindanao.

The Best of the Regions program features the culture, arts and crafts, history, heritage, music, songs, dances, cuisine, attractions, destinations, festivals and the people of different regions in the country every month.

Fear for the safety of Araos and other witnesses

Mallyn Araos is said to be the sole signatory of a bank account she purportedly opened for Feshan Philippines, the biggest supplier in the P728-million fertilizer project of the Department of Agriculture (DA)as such independent Senator Richard J. Gordon today expressed fear for her safety.

Gordon, chairman of the Senate blue ribbon committee, said he feared for Araos' safety since she holds vital information on the extent of the fertilizer fund scam allegedly engineered by former agriculture undersecretary Jocelyn Bolante.

"We are trying to communicate with Mallyn Araos to convince her to face and testify at the Senate as soon as possible. We need to get her in the witness stand because she is the only one who knows where the money went," he said.

At the last Senate hearing, Feshan president Julie Gregorio earlier told that while the company declared a P105-million sales of fertilizer from the government, the amount actually paid to the company was only a little more than P50 million.

Gregorio added that the payment was deposited to an account opened at the LandBank Philippines branch in Elliptical Circle in Quezon City under the name of Araos.

Gordon expressed fear for the safety of Araos and of the other witnesses who have yet to come forward, considering that two deaths - that of Marleen Esperat and Teofisto Mojica - were feared to be connected to the fertilizer fund scam.

"I worry for Ms. Araos. It would be better for Ms. Araos and other witnesses to come out so we can provide them protection," he said.

Gordon earlier vowed to initiate a Senate investigation not only on the murder of former agriculture resident Ombudsman Marlene Esperat but also of a former agriculture employee Teofilo Mojica as he expressed suspicion that their murders may have been tied to the fertilizer fund scam.