remnants of raindrops, matters of defense, the DOJ dribbles, at the moment series

remnants of last night’s raindrops, shot 40 minutes ago…  [the theme/ page design works better for crosswise rectangular (or wide) photos, but i rotated this 90 degrees clockwise so your eye leads to the raindrops… hanging on the external ceiling of the window, but that makes the photo lengthwise rectangular — did not want to crop the bottom to make it crosswise because that would remove the time stamp on the photo so… i doubled it post-production to make it wide — don’t mind me)

1.2raindroplets

and the DOJ Secretary said her meeting with the legal team assigned to investigate the 3rd batch of PDAF pork barrel respondents, some of whom are allies of the President,  is re-set to next week pending the submission of more documents because, according to her investigators, the signatures of the respondents on the documents were made by different persons.

          As stated here before, statements on the part of respondents that their signatures had been forged are matters of defense. “Matters of defense” mean they are evidentiary in nature and can be determined only during the course of trial or during  the presentation of evidence. In other words, respondents have to prove during trial that indeed they were out in the cold and had been “swindled” — their signatures forged — when public funds under their control or released with their endorsement, in hundreds of millions, were changing hands, under their noses (and i’m mixing my metaphors). Respondents need to prove that during trial.

    Where there is a prima facie case, these matters of defense do not preclude the filing of a case.

         (this is an “at the moment series”. i’m three-fourths finished with checking final exams, i don’t leave until i’m finished, not a matter of defense) (the song embedded was, “That’s What Friends Are for”, dedicated to friends of the President, it’s a cover up, er, este, a cover, with sharps and flats galore)

the luxury of starting slow & burning bright

        when you wake up before dawn, you have the luxury of starting slow then burning bright, as i hope the DOJ team would today.

         shot 30 minutes ago, quiet and starting slow at 4am, see photo below.

         Last week, we posted a reminder here that this past Tuesday was the deadline of DOJ Usec JJ, as stated by DOJ Secretary Leila de Lima, to submit his investigation report on the PDAF pork barrel 3rd batch of respondents (9 or 10 senators, about half a dozen PNoy allies, i’m not counting, but maybe you are). Apparently, they met their self-imposed deadline last Tuesday.   Today, DOJ Secretary Leila Lima, as announced, will meet with the DOJ legal team to finalize or clarify the recommendations. There will be a presser i hope so we can find out right away the results, and, if it’s a slow news day, we might even  see a live coverage… Here’s that photo of starting slow at 4am, dedicated to DOJ Secretary Leila and her team: Start slow and burn bright, shot 30 minutes ago half-asleep from my bedroom window (will be checking papers in a little while — this is still an “at the moment series”, remember? but i just typed some notes on the pork barrel cases.) 

window

       Hopefully, the conclusions are based solely on the evidence (and common sense); the statement from the respondents that their signatures had been forged are matters of defense and should be examined in the context of all of the evidence on the transactions: the contracts, vouchers, checks, audits, etc. and commons sense — is it believable that P100 million changed hands from the legislator’s office to the bogus NGOs without the legislator knowing of the transactions and without giving express or tacit approval to the use of his/her name and office? Bong Revilla was recommended for indictment based on the same kind of evidence even with the  defense of “my signature had been forged” — the DOJ is bound if the weight of the evidence is similar, or the same. (those to be announced today still go thru the Ombudsman’s office).

       And so, hopefully, it is based on evidence and not alliance with the President.

        If so, this song by a Filipino international rocker (raw acapella version of “Don’t Stop Believing”– edgy and perfect, you should be hearing the first few notes by now)  is dedicated to the hardworking DOJ legal team led by Sec Leila

…although some quarters might scream: “Hindi sila dapat pasalamatan! Masyado na silang late! Maniningil kami! Marami kaming pautang. Pero hindi pera. Maniningil kami! Magtutuos kami ng gobyernong ito! Maniningil kami!!!” …Bow.

       hope you can hear the song now.

     

Summary of the evidence on the alleged Binay Billions, from the AMLAC Report & admissions

        Last week, the blog featured the alleged P150 million in Ben Hur Luy’s accounts.
         Also last week, the DOJ Secretary vowed that the investigation report on the 3rd batch of PDAF or pork barrel respondents, consisting of PNoy allies, will be on her desk two weeks from then. That means USec JJ’s deadline to submit the report to the DOJ Secretary falls due on Tuesday — this coming Tuesday. (on Tuesday therefore, it is appropriate to use the words: “maniningil kami, marami kaming pautang pero hindi pera, maniningil kami” 🙂 )
         This week, let’s look at the investigation of the alleged unexplained wealth of VP Binay (“unexplained” at best):
          From the point of view of evidence, based on reports from ABS-CBN, Inquirer, and Rappler, the following is a summary of the alleged Binay Billions or “Baloloy Billions” or “Limlingan Billions”
         ♦ ♦ ♦ ADMITTED (interview of Abigail Binay), ESTABLISHED BY DOCUMENTARY EVIDENCE (bank records) in VP Binay’s name together with his finance officer Limlingan: P 221 Million Binay-Limlingan joint accounts BDO and Metrobank, from “campaign contributions” 2009 onwards (not declared in SALN, declared in SOCE)
              ♦ ♦  ADMITTED (statement of VP Binay’s spokesperson), ESTABLISHED BY DOCUMENTARY EVIDENCE (bank records): CANADA TRANSACTIONS, payments made by VP Binay or his group to Synnovate, Synnovate Ltd. and David Rink Consultancies, a market research firm in Canada: From joint accounts, transferred US $43,000, $35,000, and $45,000 to Synnovate

               ♦ ♦ ♦  ADMITTED (statement of VP Binay’s spokesperson), ESTABLISHED BY DOCUMENTARY EVIDENCE (bank records). MORE CANADA TRANSACTIONS. From Limlingan account to a Canadian bank, $20,000, $73,000, and $51,000. — based on the admission that the money was used for services rendered by the Canadian firm for VP Binay, this Limlingan account therefore holds VP Binay’s money
                 ♦ ♦ ♦ PARTLY ADMITTED AS TO THE EXISTENCE OF THE JOINT ACCOUNTS, BINAY-LIMLINGAN (interview of Abigail Binay that VP Binay and Limlingan have joint accounts), ESTABLISHED BY DOCUMENTARY EVIDENCE (bank records): P 3.5 Billion deposits/withdrawals: either joint or individual accounts of Binay and Limlingan, (“the AMLC monitored transactions of $330,000, $250,000, and $317,000 — and deposits and withdrawals that amount to more than P3.5 billion from 2008 to 2014”) or: ♦ ♦ ♦  NOT   ADMITTED BY VP BINAY’S GROUP, AS FAR AS THE LIMLINGAN ACCOUNT IS CONCERNED,  AS THEIR MONEY : Limlingan P2 Billion transaction September 2010 (Unexplained), two separate transactions to two trust fund accounts at P500 Million each (or P One Billion). Total: P3 Billion
           ♦  ESTABLISHED BY DOCUMENTARY EVIDENCE (bank records). The AMLC also observed other transactions in Binay’s other accounts, this time with Security Bank, PNB, RCBC Savings Bank – accounts under Binay’s name or owned jointly with Limlingan and Crystal from 2008 to 2012. Five accounts
             ♦ ♦ ♦ NOT ADMITTED BY VP BINAY’S GROUP AS THEIR MONEY BUT ADMITTED THAT THE HOLDER DOES NOT OWN/ NOT CAPABLE OF EARNING THIS KIND OF MONEY: ATE   EBENG ACCOUNTS, P 1.8 Billion. (VP Binay’s executive assistant, Eduviges ”Ebeng” Baloloy’s accounts holds some P1.8 Billion in deposits and investments in several financial institutions)
               ♦ NOT ADMITTED BY VP BINAY’S GROUP AS THEIR MONEY, but “UNEXPLAINED WEALTH” according to AMLAC: Bank accounts of TIU, LEE, CHONG, and 16 other associates

       (i think, from the point of view of the legal team: Today, there will be silence from VP Binay, Abigail Binay, and the spokesperson on these transactions until they regroup to assess with the lawyers and the media bureau)