BY JP LOPEZ

THE Senate Blue Ribbon committee is hesitant in reviving its investigation into the alleged $14 million payoff made by an Argentine company to some government officials, but will nonetheless conduct an inquiry if directed.

Sen. Joker Arroyo, committee chair, said the Ombudsman has already acquired jurisdiction over the alleged bribery by Impresas Metalurgicas Pescarmona SA (Impsa) in relation to its contract to rehabilitate the Caliraya-Botocan-Kalayaan hydroelectric plant complex.

"The danger is that, supposing the findings of the Blue Ribbon committee turn out to be different from the findings of the Ombudsman, it would just put us all in an awkward situation," he said.

"Whenever it’s like that (when the Ombudsman has the jurisdiction) medyo go slow. Once the prosecutors have already taken jurisdiction over the matter, we should give respect to the other departments of the government," he added.

But Arroyo said that if a resolution calling for an investigation is filed, his committee will act on it.

"I am open to anything, as long as there is a resolution. If there is a resolution, that is a command and the committee would have to act accordingly," Arroyo said.

Arroyo also expressed pessimism his panel can complete the inquiry in the three weeks or nine working days left before Congress goes on recess.

Sen. Panfilo Lacson on Thursday said he would revive a resolution he filed in the 12th Congress seeking a congressional inquiry into the alleged $14 million Impsa payoff.

This after the Ombudsman recommended the filing of charges of graft, extortion and falsification of documents against former justice secretary Hernando Perez, who issued a legal opinion that paved the way for the approval of the contract.

The Ombudsman decision stemmed from a complaint filed against Perez by former Manila Rep. Mark Jimenez, who claimed Perez extorted $2 million from him.

Jimenez brokered the Impsa deal.

Lacson said the committee should take the opportunity to question Jimenez, who was not invited to the previous inquiry because he had been deported to the United States over tax evasion charges.

Lacson’s call drew support from Senators Franklin Drilon, Sergio Osmeña III and Ralph Recto.

ENOUGH TIME

Drilon said there is nothing in the rules that prohibits Lacson from filing a new resolution. He said he would even encourage Lacson to file a new resolution so that a fresh inquiry can be made.

Drilon said there is enough time for an investigation on the extortion case against Perez.

"We can continue the investigation during the break. Under our rules, the committee can continue with the hearings even during the break. That is a matter that is addressed to the discretion of the chairman of the appropriate committee," he said.

Osmeña said those involved in the Impsa deal should be summoned to the Senate inquiry.

He said Jimenez, former Bulacan Rep. Willie Villarama, banker Ernest Escaler, former government officials and representatives from Coutts Bank of Hong Kong could be asked to appear in the investigation.

Escaler, Perez’s wife, and his brother-in-law Ramon Arceo were among those indicted by the Ombudsman.

Osmeña and Recto said former President Joseph Estrada, if the court would allow, should also be given the chance to shed light on the controversial deal.

EXTORTION, BRIBERY

Estrada has said he cancelled the negotiations after Impsa officials, through Jimenez, tried to bribe him with $14 million in exchange for his approval of a "sovereign guarantee" to be attached to the project.

Recto said, "If the investigation would involve good governance, the inquiry should be reopened."

Recto said the $2 million extortion and graft charges filed by the Ombudsman were different from the $14 million alleged bribery.

Lacson wants Justice Secretary Raul Gonzalez summoned to the Senate investigation.

"Pati si Secretary Gonzalez dahil may role siya rito. Bakit na-delay ang proceedings sa Ombudsman? Dahil natulog sa office niya ang galing sa Switzerland na papeles," he said.

RESOURCE PERSONS

He was referring to a handwritten order by Gonzalez to "hold" documents from Switzerland that detailed a $2 million paper trail involving Perez.

Lacson said Estrada and Perez can be invited to the hearing, along with the Ombudsman field officer who first investigated the matter.

"There should be an independent investigation by the Senate to clear things up. Former President Estrada said there were indeed negotiations but he refused to sign the deal because there was a sovereign guarantee where taxpayers will have to shoulder the losses of the foreign firms," he said.

But he said the main "resource person" will still be Jimenez, whom he said told him in 2001 the $2 million was just part of a $14 million bribe to pave the way for the Impsa deal.

"He is the only one who can clear up the matter. He’s at the center of this issue. He was not here at the first Senate hearing because he was extradited. Now that he’s here he can give information," he added.

Arroyo said that if his committee would conduct the investigation as sought by Lacson, it could open the Senate to criticism.

"We could be told: `Why are you so eager to do it now when the case has already been resolved (by the Ombudsman)? You should have conducted the investigation before hand,’" Arroyo said.

PUBLICITY

He said if the Blue Ribbon committee finds it proper to prosecute somebody after it has conducted an investigation, the normal practice is to refer the matter either to the Department of Justice or the Ombudsman.

"So there would seem to be a duplication of efforts here," he said.

Chief presidential legal counsel Sergio Apostol said the call of Lacson, a reelectionist, was aimed at getting publicity.

Apostol said the Senate investigated the alleged payoff in 2002 and no law was filed and no official was charged as a result of the probe.

"Tinapos na nila iyan dati. Wala naming na-file na bill o kaso. Tapos ay bubuksan na naman ngayon. Mukhang publicity lang naman iyan dahil tatakbo si Senator Lacson," he said.

House minority leader Francis Escudero said the Ombudsman was obviously adopting a double standard when it downgraded the charges against Perez to extortion when he should be facing plunder like President Estrada.

He said Estrada’s lawyers have also tried to convince the Sandiganbayan that Estrada should not be charged with plunder as the supposed jueteng money he received was not public funds.

"If one is treated in this manner, any other person similarly situated must be treated in like manner as well," he said. – With Jocelyn Montemayor and Wendell Vigilia