Vinia Datinguinoo Mukherjee: Congratulations, PCIJ! Mabuhay kayo!
Lead Philippines: But without credible mass media there, what is left to protect the people..?
vonjobi: it's juned sOniDo.
Lead Philippines: Can't believe this is still happening in the country. If the government does nothing, I won't be...
Keith Bacongco: who could we forget Alecks here in Mindanao... aside from PCIJ trainings, he also helped us a lot...

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hopeless_race : Sana itreat naman po ng media ang hacienda luisita at mendiola massacre na parang MAGUINADANAO MASSACRE. Ipublicized ang mga katotohanan at ipakita sa tao ang karumaldumal na pinaggagawa sa mga farmers dun. Untouchable po ba sila cory at danding at hindi magawang batikusin ng media about these two massacres?
hopeless_race : Kapag napaguusapan ang mendiola at hacienda luisita massacre ay parang walang nangyari at parang hindi big deal. Anu po ba ang pinagkaiba ng dalawang nabanggit na massacre sa maguindanao massacre?
hopeless_race : Its sad that we pinoys are blind to the fact of what had happened in mendiola and hacienda luisita. Ang tanong..bakit ang media ay hindi manlang matackle ang ganitong usapin? Takot ba sila kay cory at danding?
hopeless_race : Wilkins" brand, for P1.4 billion.-1999 Sugarland Multi-Food Corp. for P2.9 billion 2001- Purefoods Corp P7 billion P60 billion Coca-Cola ... See More 2002- Cosmos Bottling Corp. from RFM Corp. for P14.1 billion October 2008- GSIS' shares in Meralco worth PHP30 Billion. December 2008- country's biggest oil refiner, Petron Corporation. international company shopping spree: Australian boutique brewer J. Boag and Son for A$96 million in 2000. $97 million for Thai Amarit Brewery Ltd $35.5 mi
hopeless_race : Gud am..glad to be back.
jr_lad : rip mr. alecks pabico. you'll be greatly missed!
sevens21 : Dati input mo lng name at SSS ID makukuha mo agad STATIC INFO...
sevens21 : tawag ka sa HOTLINE nila walang ANSWER grrr we need pa namn ng static info SSS Gising!!!
sevens21 : Gawa naman po kayo ng article about SSS. Pangit ng site nila dali ma blocked ng account
guest_899 : we must check the background of each potential candidates to avoid having another big mistake like GMA
guest_899 : congratulations to PCIJ, more power and God Bless !
jazzymuver : how did Arroyo swallow that kind of things!! how come that she just spend the money our countrymen for her own sake!!
guest_3664 : i would be glad if u can include the investigation of the manner public officials announce infra projects as per COA regulation. It is frustrating to see their faces on the tarpaulin instead of the prescribed information like name of project, date of implementation,amount of contract, source/s of fund, among other things. This is very rampant here in Marikina. Thanks and more power on your noble endeavors. We need people like you to have make our country great again.
jhanz_08 : im making research on R.A 9136...with rgards to the privatization of NPC..could someone out there can let me understand more bout this matter?why was monopoly dismantled?email me..jhanycem@yahoo.com...thanks much
erika marie : P.S.:) my paper is due next week and i do hope someone could provide me these reports coming from reliable resources thank you ulit.
erika marie : P.S.
guest_4275 : i am currently doing a study regarding political killings in the philippines. could someone out there please send me human rights reports under Aquino and Ramos administration. you could send it at my email: erikamariet@yahoo.com your response would surely be very much appreciated. thank you everyone. god bless.
guest_4275 : i am currently doing a study for my paper regarding political killings in the philippines. i noted that there are no human rights reports during the Aquino and Ramos administration. could someone out there please send me reports regarding these matter? i do hope these reports came from reliable resources you could send it in my email; erikamariet@yahoo.comyour response would surely be appreciated. thanks everyone. god bless.
jayson bourne : gusto ko po maging member ng PCIJ, panu po ba? may application po ba? sana mapadalhan nyo ako ng info sa email ko... www.jboxpenshoppe@yahoo.com
jayson bourne : cory is OK, but kris & Noynoy sensationalize masyado...
guest_9891 : LABAN pa rin!
meow : boycotts worked during marcos years. how about doing it now against the businesses of the con-ass congressmen?
meow : aside from 168, what other establishments can we boycott that belong to the arroyos and their cronies?
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Perez isn’t only one responsible for controversial IMPSA deal

Posted by: Alecks P. Pabico | January 8, 2007 at 7:24 pm
Filed under: Governance, In the News, Investigative Reports

CONCLUDING its six-year probe, the Office of the Ombudsman finally recommended the filing of criminal charges against former justice secretary Hernando Perez in connection with his alleged receipt of $2 million in “kickbacks” for the hasty approval of the $470-million power contract awarded to Argentine firm Industrias Metalurgicas Pescarmona Sociedad Anonima (IMPSA).

Former justice secretary Hernando 'Nani' Perez The Ombudsman has recommended the filing of graft, extortion and falsification of public documents charges against Perez, who, four days after the Arroyo government came to power in 2001, issued a ruling to turn over to IMPSA the most controversial power plant contract in the country — the rehabilitation of the Caliraya-Botocan-Kalayaan hydropower plant in Laguna.

The PCIJ was the first to expose how Perez signed the DOJ ruling that removed all legal obstacles to the contract and committed the Philippine government to secure whatever financial obligations will be incurred by the project. (Read the PCIJ report.)

The Center’s extensive research and reporting on the IMPSA power contract also traced the steps that were taken since the time of the Ramos administration that allowed IMPSA to wangle one of the most lucrative power deals in the country. The timeline below ought to remind the public that Perez (see “The Politics of Justice”, i magazine’s profile on Perez), though now recommended charged, is not solely responsible for the brokering and deal making that took place behind the scenes.

Ramos Administration (July 1992 to June 1998):

Invited the Argentine firm Industrias Metalurgicas Pescarmona Sociedad Anonima (IMPSA) to invest in the Philippines and laid the groundwork for IMPSA’s participation in the power sector.

Offered IMPSA the project to rehabilitate the Kalayaan hydro plant in Laguna. IMPSA in turn submitted an unsolicited proposal. In December 1994, then Presidential Legal Counsel, now Supreme Court Justice Antonio Carpio issued an opinion saying that there were no legal obstacles to the IMPSA proposal as the Build-Operate-Transfer Law had already been amended to accommodate such proposals.

Allowed IMPSA to amend its proposal to include the Caliraya and Botocan plants, also in Laguna, with the new proposal costing over $400 million.

Ironed out legal problems in the contract. When Ramos stepped down, he wrote an aide memoir saying that the IMPSA contract was one of the projects to be favorably endorsed to the new administration.

Estrada Administration (July 1998 to January 20, 2001):

Signed the contract to rehabilitate the Caliraya-Botocan-Kalayaan (CBK) plants, with Estrada himself as witness.

Filed libel charges against the Manila Times for reporting, in February 1999, that Estrada had stood as “unwitting godfather” to the signing of an anomalous contract. Later, the Manila Times was sold to Estrada crony Mark Jimenez, whom Estrada himself identified as a lobbyist for IMPSA.

According to then NPC President Federico Puno, the government “bent over backwards” to accommodate IMPSA despite IMPSA’s failure to post the $70 million security deposit after at least three deadline extensions, which Puno said was already enough to warrant a cancellation.

Gave in to IMPSA’s request for a government guarantee. Finance Secretary Edgardo Espiritu signed a “performance undertaking” that was a thinly worded guarantee. This undertaking was issued because IMPSA was facing financial difficulties because of the 1997 Asian crisis. The guarantee or undertaking was intended to help the firm raise funds to finance the CBK project.

Still unable to raise the funds to undertake the project, IMPSA brought in the American firm Edison Mission Energy (EME). EME’s entry required numerous amendments to the contract, including the drafting of a Second Accession Undertaking that now listed EME as a partner in the CBK project.

IMPSA’s lenders continued to insist on a ruling from the Department of Justice (DOJ) before it could provide funds for the security deposit. The DOJ ruling would ensure that CBK’s financial obligations were guaranteed by the government.

In January 2001, then Finance Secretary Jose Pardo asked the DOJ to issue this ruling. Pardo withdrew his request in light of political developments at that time.

In the second week of January 2001, Philippine ambassador to Argentina Carlos Villa Abrille accompanied IMPSA officials to Estrada’s Greenhills home, asking him to intercede with DOJ secretary Artemio Tuquero for the issuance of a DOJ ruling. Estrada, however, was ousted a few days later.

Arroyo Administration (January 20, 2001 to present):

Seeing the political winds blowing the other way, Villa Abrille and IMPSA official Francisco Ruben Valenti shifted their focus to the new administration. They were seen at the Linden Suites, headquarters of Gloria Macapagal Arroyo, just before she was sworn in as the next president at the EDSA Shrine.

Justice Secretary Hernando Perez approved IMPSA’s request for a DOJ ruling, dated January 24, 2002, just four days after Arroyo took over the presidency. The ruling removed legal obstacles to the implementation of the contract and committed the government to cover CBK’s obligations.

Shortly after the issuance of the DOJ ruling, IMPSA posted the $70-million security deposit. By February 7, 2001, the NPC formally turned over to IMPSA the management and operation of the CBK power complex.

This entry was posted on Monday, January 8th, 2007 and is filed under Governance, In the News, Investigative Reports. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

10 people have left comments

Graft charges against former DOJ Sec. Perez by the Ombudsman…

Anonymous wrote on January 8, 2007 - 9:09 pm | Visit Link

[...] After six long years, former Justice secretary Hernani Perez will be brought before the courts to face charges of graft, extortion and falsification of public documents. Read details HERE and HERE [...]

Uniffors- Life in Gloria’s Enchanted Kingdom » Hernani Perez charged with graft, extortion, and falsification wrote on January 8, 2007 - 10:24 pm | Visit Link

It’s not a surprise decision to file graft and extortion charges against former justice secretary Nani Perez due to election season. It’s a calculated gambit or Moro-Moro to gain *pogi points* for the discredited Arroyo administration. Why only now four months before May 2007 midterm elections? The issue next year’s poll is Mrs. Gloria Arroyo and her inept government. It appears that Ombudsman Merceditas Gutierrez is trying to boost her big boss’ credibility in fighting graft and corruption. The midterm elections will be a referendum on usurper Gloria Arroyo and on her tyrant policy. An opposition controlled-Philippine Congress may shortens Arroyo regime. How about Joc-Joc Bolante’s P728 M fertilizer scam? This case is gathering dust at Office of Ombudsman.

Diego K. Guerrero wrote on January 9, 2007 - 5:06 am | Visit Link

they should also include his involvement with the jadewell controversy in baguio city, where justice has become a farce.

oh, right. baguio is part of the philippines, where because of the administration justice IS a farce.

jester-in-exile wrote on January 9, 2007 - 12:42 pm | Visit Link

[...] FOLLOWING the Office of the Ombudsman’s decision to file graft and extortion charges against former justice secretary Hernando Perez, Senate Minority Floor Leader Aquilino Pimentel Jr. said he hopes Ombudsman Merceditas Gutierrez “will really demonstrate her independence and fidelity to her constitutional duty” by acting on corruption complaints involving “other administration ‘big fish.’” [...]

INSIDE PCIJ » Anti-corruption courts ‘performing below expectations’ wrote on January 12, 2007 - 8:12 am | Visit Link

blame the obedient claro flores for the sovereign guarantee…

In Tuesday’s Senate hearing conducted by Senator John Henry Osmeña’s committee on government corporations and public enterprises on the contract the Argentine firm Industrias Metallurgicas Pescamona Sociedad Anumina (IMPSA) entered into with the government, a certain Claro Flores of the DOJ admitted he was the one who inserted the “questionable” statements in the DOJ opinion with orders from the higher authorities to “rush” it.

The inserted lines were said to have provided “sovereign guarantee” to the project.

He said he followed the order faithfully and finished the DOJ opinion in four hours that same day after receiving the “rush order” from former DOJ Secretary Artemio Tuquero “for ES (Executive Secretary) Angara.”

blame the three stooges for the impsa deal…

ramos, estrada and arroyo.

blame, ultimately, the whole thing on Eddie…

SINONG EDDIE?: If the contractors do not talk to the new bosses, they will be asked “Paano naman si Eddie?”

“Sinong Eddie?” the uninitiated will ask.

“E di ako!” the new official in charge will retort, palm outstretched.

…of course, not just the Eddies in Philippine politics, but also the Koreans…as in…

MAGKANO Ako rean???

baycas wrote on January 13, 2007 - 12:00 am | Visit Link

[...] four days after Gloria Arroyo and cohorts booted out Estrada. Here is PCIJ’s expose and timeline. The Ombudsman took 6 years just to find out that Perez is liable. The case is languishing in the [...]

Memo: Fairness, huh? « blog @ AWBHoldings.com wrote on September 14, 2007 - 3:06 pm | Visit Link

[...] recommended that he be tried for plunder. Though the Ombudsman finally recommended the filing of graft charges against Perez early this year, nothing has been heard of the case since [...]

The Daily PCIJ » Blog Archive » Arroyo’s legitimacy: An issue that simply won’t go away wrote on November 30, 2007 - 12:45 pm | Visit Link

[...] the recent belated filing of charges against former justice secretary Hernando Perez for extortion in connection with the IMPSA power project, corruption cases have also remained [...]

The Daily PCIJ » Blog Archive » ‘Uncompromised political will’ needed to counter worsening corruption — TI wrote on September 25, 2008 - 1:16 pm | Visit Link

Memo: Fairness, huh? | The BLIPS Network wrote on July 28, 2009 - 2:07 pm | Visit Link