City official identifies suppliers, judge questions faxed docs in Enrile PDAF case

A former chief of Caloocan City's Business Permit and Licensing Office (BPLO) on Tuesday gave testimony regarding suppliers with alleged links to businesswoman Janet Napoles in connection with the 15 counts of graft filed against Napoles, former senator Juan Ponce Enrile, his former chief-of-staff Jessica “Gigi” Reyes, and other public officials and private individuals.

Lawyer Melanie Soriano Malaya, now the chief of BPLO of Parañaque City, identified in her judicial affidavit and attached certifications that she issued permits to two firms back in March 2011 as BPLO Caloocan chief.

Government prosecutors are alleging that the two firms served as suppliers in government contracts for the purchase of agricultural products paid for by Enrile’s Priority Development Assistance Fund (PDAF) or discretionary fund.

Sandiganbayan Third Division Associate Justice Ronald Moreno, however, questioned both the prosecution and its witness Malaya as to why the certifications provided were copies sent via fax machine to the Commission on Audit (COA).

“Why did you send it through fax? You are a lawyer by profession, correct? Do you know that a facsimile has no evidentiary value?” Moreno said.

Malaya responded that she is aware that facsimiles are not acceptable evidence, and that she sent the subject certifications via fax only to serve as an advanced copy since her office received the request from the COA at the close of day.

She added that she subsequently sent the original copy of her certifications to the COA.

Asked if she personally received an acknowledgement receipt from COA, Malaya said she could not remember.

She also said that she also produced an original copy of her certifications to serve as a copy to the BPLO.

Justice Moreno then turned to prosecutor Darlene Vivas for an explanation.

“Based on the witness, there are two original copies, one is in Caloocan, one is in COA,” Moreno said.

Vivas responded by saying that the COA Records Custodian said it is the only information they could provide, while the Caloocan BPLO has yet to provide a copy.

“We subpoenaed [to obtain the original copy from Caloocan city BPLO] but they said they can no longer locate it, your Honors,” Vivas said.

Vivas, however, said the prosecution will present a secondary evidence to support its allegation in lieu of the original copy of Malaya’s certifications. — BM, GMA Integrated News