Gazmin files libel raps vs. plunder accuser in P1.2-B helicopter deal

Defense Secretary Voltaire Gazmin has filed libel charges against a Bureau of Internal Revenue employee who accused him and other officials of the Department of National Defense (DND) of allegedly “rigging” the P1.2-billion acquisition project for 21 UH-1 helicopters.

The charges against BIR employee Rhodora Alvarez, who blew the whistle on the alleged anomalous deal, were filed Friday last week at the Quezon City Prosecutors' Office.

In his complaint-affidavit, Gazmin charged Alvarez with three counts of libel for making "multiple malicious statements" during a radio interview on May 22, 2015, during the televised Senate investigation on July 7, 2015, and in the Manila Times article published on December 13, 2015.

“When the news came out regarding the alleged irregularities, I, as head of agency, ordered an investigation. The results of the investigation showed that the DND-AFP (Armed Forces of the Philippines) personnel who handled this project, in various stages, complied with the mandated procedures, and no irregularities were committed,” Gazmin said.

“Based on this, I stand with the DND-Armed Forces of the Philippines officials, and I will lead the defense of these men and women, who were just doing their respective assignments, to further advance our most important program, the AFP Modernization Program,” the defense chief added. “We know that public service entails a lot of sacrifices, even being exposed to untruthful and malicious accusations.”

Gazmin has also charged Alvarez, along with Rice Aircraft Services Inc agent Thach Hoang Nguyen, with falsification and use of falsified documents in connection with the alleged submission of fake or otherwise spurious documents in RASI’s bid for the contract of the UH-1 aircraft.

Gazmin said if he wins in the case and damages are awarded to him, he would donate the entire amount to the Help Educate and Rear Orphans Foundation, Inc. (HERO Foundation, Inc.), a non-government organization for slain soldiers of the Armed Forces of the Philippines.

Last month, Alvarez filed a plunder complaint over the controversial heliocpter deal for graft, malversation of public funds, violations of Republic Act 9184 or the Government Procurement Reform Act and R.A. 7898 or the AFP Modernization Act.

RASI and Eagle Copters Ltd. are the joint venture partners that tendered the bid for the helicopter procurement project.

Alvarez said Gazmin, “in conspiracy” with the other DNP and AFP officials in 2013 awarded the P1.21-billion contract to the joint venture of RASI and Eagle Copters without holding the required public bidding.

The contract was for the supposed purchase of 21 UH-1D or Huey helicopters, including spare parts as part of the AFP modernization program.

Under the contract, the joint venture must deliver to the AFP within 180 days or until Sept. 21, 2014.

Alvarez said the awarding of the contract “was tainted with irregularities from the very beginning” as it was entered through a negotiated procurement instead of a public bidding despite having no state of emergency at the time.

The BIR employee further claimed that RASI is not an accredited aircraft supplier.

“It should not be amiss to state that there is no basis for DND-BAC to enter into a Negotiated Procurement. Moreover, there is no basis for DND-BAC to enter into a contract to RASI who is a mere helicopter broker and not a supplier,” Alvarez's complaint read.

During hearings by the Senate Blue Ribbon Committee last year, Alvarez claimed that Gazmin was supposed to receive a seven-percent commission from the deal.

She also said that the other officials involved in the deal were also supposed to receive five-percent kickbacks.

Alvarez also said that until now, only 10 helicopters were delivered by the joint venture and most of them have defective engines and insufficient spare parts and accessories, citing that one of them have even crashed in November last year. —ALG, GMA News