Napoles lawyers question accuracy of Luy’s ledgers on ‘pork’ scam

The lawyers of businesswoman Janet Lim-Napoles, the alleged mastermind of the pork barrel scam, on Friday tried to cast doubt on the accuracy of the documents held by primary state witness Benhur Luy that supposedly detail transactions pertaining to the multi-billion peso pork barrel scam.

 

At the continuation of the hearing of Napoles’ petition to post bail on her plunder case before the Sandiganbayan Third Division, Luy said that based on his daily disbursement report (DDR), it was in 2004 that Napoles had her first transaction with Sen. Juan Ponce Enrile regarding his Priority Development Assistance Fund (PDAF) or pork barrel.

 

Enrile faces of plunder and graft cases before the Sandiganbayan Third Division while Napoles is his co-accused.

 

Luy said that for his first project with one of the fake foundations allegedly owned by Napoles, Enrile allocated P31.9-million worth of his PDAF in exchange for rebates or commissions given in four tranches.

 

The whistleblower admitted that it was not clear on his DDR records if it was Tet De Hoya or lawyer Alfredo Villamor who received the first tranche of payment of Enrile’s alleged rebate amounting of P4.5 million cash.

 

Luy had earlier told the Third Division that De Hoya, Villamor, Ruby Tuason and her husband the late Carlos Butch Tuason, served as Enrile's bagmen for his alleged commissions from the pork barrel scam.

 

When asked by Napoles lawyer Lanee David about the second tranche of payment of Enrile’s supposed rebate, Luy could not immediately give the exact amount or the date when the cash was supposedly given.

 

This prompted prosecutor Lalaine Benitez to come to Luy’s aid, showing him the copy of his DDR. Benitez was also heard telling Luy “P3 million”, pertaining to the amount of second tranche of rebate.

 

"Your honor, we will cross-examine the prosecutor because she’s the one testifying on behalf of the witness," Stephen David, another Napoles lawyer, manifested.

 

Third Division chairman Presiding Justice Amparo Cabotaje-Tang then warned Benitez “to refrain from answering on behalf of the witness”.

 

Luy said it was on June 9, 2005 that the second tranche of Enrile’s alleged rebate was given to the senator’s supposed bagman but again admitted before the court that he was not able to record on his DDR the specific person who received it.

 

“Hindi ko po nailagay kung sino ang nag-receive, your honor,” Luy said.

 

For the third and fourth tranches of rebate payments, amounting to P2 million each, Luy said it was Ruby Tuason who received both rebates on September 14, 2005 and October 19, 2005.

 

“You still recall a transaction that happened 10 years ago?” Lanee David asked.

 

“Kasi may hard drive naman po ako, ma’am,” Luy replied.

 

Luy said his DDR as well as his report on the summary of rebates given to several lawmakers, were all contained in his external hard drive. The hard drive is currently in the possession of the National Bureau of Investigation after Luy was admitted into the Witness Protection Program in 2013.

 

But when asked if all of Napoles' transactions with Enrile were recorded in his DDR and summary of rebates, Luy admitted that there were Special Allotment Release Orders (SAROs) pertaining to the release of Enrile’s PDAF to the Napoles-linked foundations, which were not recorded in the said documents.

 

According to the Department of Budget and Management, SAROS are "a specific authority issued to identified agencies to incur obligations not exceeding a given amount during a specified period for the purpose indicated."

 

“May at least two SAROs po ni Enrile na hindi ko nai-record sa DDR at summary of rebates,” Luy said.

 

“So, your DDR and summary of rebates report are inaccurate?” David asked.

 

“Accurate po ang records ko. May missing figures lang,” Luy replied.

 

When asked by David if he was sure that Tuason or any of Enrile’s alleged bagman had given to the senator the alleged rebate from the scam, Luy replied in the negative.

 

“Did you know if the amount (of rebate) was personally delivered to Enrile,” David asked.

 

“No, ma’am,” Luy said.

 

“Do you personally see Tuason deliver the money to Senator Enrile?” David again inquired.

 

“No, ma’am,” Luy replied.

 

Enrile is accused of allocating P345 million of his PDAF to alleged fake foundations of Napoles from 2004 to 2010 in exchange for P172 million in rebates or commissions. — JDS, GMA News