BY PETER TABINGO

OMBUDSMAN Ma. Merceditas Gutierrez yesterday issued subpoenas to Jose Miguel Arroyo, former Elections chairman Benjamin Abalos Sr., former House Speaker Jose de Venecia Jr., his son Jose "Joey" de Venecia III, and acting Higher Education chair Romulo Neri to appear in the preliminary investigation on the $329 million NBN-ZTE broadband deal.

They will testify at a public hearing Monday at 10 a.m. at the conference room on the ground floor of the Ombudsman building on Agham Road, Quezon City.

ZTE star witness Rodolfo Noel Lozada Jr. has testified that the presidential spouse is the patron of Abalos.

Abalos, he said, stood to receive $130 million as "commission" for brokering the broadband contract for ZTE Corp.

The young De Venecia, in his Senate testimony in September last year, accused the First Gentleman of telling him to back off from the broadband project.

Neri in October last year testified that Abalos attempted to bribe him with P200 million in exchange for endorsing the NBN-ZTE deal but clammed up when asked about his conversations with President Arroyo when he informed her about the bribe attempt.

All those summoned are respondents in separate complaints seeking their indictment for graft and other crimes.

Also invited were complainants former Vice President Teofisto Guingona Jr., lawyer Harry Roque Jr., Rep. Emmanuel Joel Villanueva (PL-Cibac), Rep. Risa Hontiveros-Baraquel (PL-Akbayan), lawyer Roberto Rafael Pulido, lawyer Oliver Lozano, Fr. Jose Dizon, and Ma. Dominga Padilla.

Overall Deputy Ombudsman Orlando Casimiro said failure on the part of the respondents to show up will result in unspecified "corresponding action."

Gutierrez said Lozada will not be summoned until the Ombudsman finds it necessary for him to make clarifications.

She explained that her summons to Mr. Arroyo, her classmate at Ateneo law school, was "trabaho lang."

"My relations with the First Gentleman are close. But my office is apolitical and I am not a politician. I assure the public that we will conduct an impartial hearing, where everyone would be accorded due process," she said.

Ruy Rondain, lawyer of First Gentleman, said they would wait for the invitation from the Ombudsman before making their decision.

DOJ ROLE

The panel of prosecutors investigating the ZTE contract will start its probe on February 19.

Justice Undersecretary Ernesto Pineda, head of the five-man panel, said they have invited Neri and Transportation Secretary Leandro Mendoza.

Mendoza is expected to appear at 9 a.m. while Neri is expected at 2 p.m. the same day.

The panel required the two officials to submit a copy of the ZTE deal as well as the submitted bid documents.

Pineda said with the Office of the Ombudsman tasked to probe the ZTE deal with regards to violations of the Anti-Graft and Corrupt Practices Act, the DOJ will focus on other facets of the case such as violations of the procurement laws as well as laws against perjury.

TRANSPARENCY

President Arroyo expressed hope that the Ombudsman would be as transparent and as thorough as it can on its own investigation on the NBN-ZTE deal.

"I cannot comment more on this until the reviews are complete, expect to say that I trust that the Ombudsman will investigate this issue thoroughly and I trust that she (Ombudsman Merceditas Gutierrez) will ensure a transparent process in doing so," she said at the Philippine Economic Forum at the Shangri-La Hotel in Makati City.

CRIMINAL SUIT

Sen. Jamby Madrigal filed charges of obstruction of justice against President Arroyo and 14 others, including members of her Cabinet and ranking police officials, in connection with the alleged abduction of Lozada upon his arrival at the NAIA last February 5.

In her 24-page complaint, Madrigal sought indictments for the respondents' attempt to prevent Lozada from testifying in the Senate.

"I am aware that under the Constitution, the President has immunity from suit. However, I deem it best to include her in this complaint so that as soon as her immunity expires on or before June 30, 2010, the case against her for her participation in this case shall forthwith prosper," Madrigal said.

Also named in the complaint were Executive Secretary Eduardo Ermita, Environment Secretary Joselito Atienza Jr., Neri, Manuel Gaite, deputy executive secretary for legal affairs and his staff Marcelino Agana IV, and Remedios Poblador, presidential adviser on special concerns.

PNP chief Avelino Razon; Angel Atutubo, NAIA general manager for security and emergency services; Octavio Lina, NAIA assistant general manager for operations; Chief Supt. Romeo Hilomen, PNP-Security and Protection Office director; Paul Mascariñas, PSPO deputy director; Rodolfo Valeroso, Aviation Security Group civilian agent; former presidential chief of staff Michael Defensor; and lawyer Antonio Bautista.

Madrigal said she based her complaint on the testimony of Lozada before the Senate.

In addition, she asked the Ombudsman to file charges against President Arroyo and her co-respondents for violation of the Code of Conduct and Ethical Standards for Public Officials and Employees or R.A. 6713.

Madrigal asked Gutierrez to inhibit herself, saying there is "doubt cast" upon the Ombudsman's fairness and objectivity.

'GRANDSTANDING'

Malacañang branded Madrigal's suit as political gimmickry.

"We wonder why Senator Jamby cannot wait for the results of the Blue Ribbon committee's findings. Is she afraid that they don't have enough evidence to cause the filing of a case after the committee report? Is that why she has to jump the gun against her fellow opposition senators?" said deputy Palace spokeswoman Lorelei Fajardo.

Bishops Deogracias Iñiguez of Caloocan and Vicente Navarra of Bacolod called on Arroyo and officials of the executive branch not to interfere with the Senate's ZTE investigation.

"We are calling on all government officials to cooperate with the Senate hearing for the truth to come out," said Iñiguez.

"We call on the President not to stand in the way of finding the truth and allow the process to continue to its conclusion," said Navarra.

"This is a clear indication that there are important events that are happening related to NBN deal. Let's pay attention. Let us try to seek and to weigh things," said Iñiguez, head of the CBCP Public Affairs Committee.

"The public has the right to know who are behind the overpriced project because they are the ones affected by alleged corruptions in government," said Navarra. - With Jocelyn Montemayor and Gerard Naval