The Truth Commission revealed on Friday it may look into more than 20 corruption scandals, such as the C-5 road controversy, the botched NBN-ZTE deal, and the multimillion-peso fertilizer fund scam. At a press conference, retired Chief Justice Hilario Davide Jr., chairman of the five-member commission, said they have asked Senate President Juan Ponce Enrile Jr. information on previous investigations conducted on these issues. "One of the latest resolutions promulgated by the commission requests the president of the Senate to provide the commission with information on Senate investigations in aid of legislation of cases involving large-scale graft and corruption committed during the previous administration, including, but not limited to the NBN-ZTE scandal, the fertilizer fund scam, and the C-5 scandal," Davide said. Davide added that the commission is still setting up the criteria for what constitutes large-scale graft and corruption that may be investigated by the body. Among the scandals that the truth body may look into are:
the $329-million national broadband network (NBN) deal — the "Philippine National Broadband Network controversy" (also referred to as the NBN-ZTE deal) involved allegations of corruption in the awarding of a US$329 million construction contract to the Chinese telecommunications firm ZTE for the government's proposed National Broadband Network (NBN) project. The contract with ZTE was signed on April 20, 2007 in Hainan, China. After news broke out about alleged irregularities, former President Gloria Macapagal-Arroyo cancelled the National Broadband Network project in October 2007. On July 14, 2008, the Supreme Court dismissed three petitions questioning the constitutionality of the national broadband deal, saying the petitions became moot when the NBN project was cancelled. the P728-million fertilizer fund scam — this political controversy involves accusations that former Agriculture Undersecretary Jocelyn "Jocjoc" Bolante diverted a P728-million fertilizer fund to the 2004 election campaign of Arroyo. the C-5 road controversy — Senator Manuel Villar, a real state developer and Forbes Magazine’s ninth richest Filipino in 2009 with a net worth of $530 million, was accused of using his power to realign the C-5 road project for the benefit of his companies. Villar earlier denied his involvement in any wrongdoing connected to the C-5 road project. GMANews.TV tried to get the reaction of Villar but his staff said he is out of the country. His office might release a statement within the day. "Hello Garci" election scandal — in this controversy, a woman perceived to be Arroyo, and a man, perceived to be former Elections commissioner Virgilio Garcillano, discussed the alleged padding 2004 election returns in favor of Arroyo. Their wiretapped conversations were later made public. The recordings of these conversations were called by the media as the "Hello Garci" tapes. Len Bautista-Horn, Arroyo's spokesperson and chief of staff, said it is premature to comment on the cases that will be investigated by the Truth Commission. "We have to first see how it functions," she said in a text message to GMANews.TV. Not limited to Arroyo Meanwhile, Truth Commission member Carlos Medina, a professor at the Ateneo School of Law, said the C-5 controversy was included because the cases are not only limited to those hounding Arroyo. "Ang mandate is to look at massive cases of graft and corruption committed during the previous administration. It may or may not involve Arroyo, as long as it's committed during that period," said Medina. He added that the commission has come up with a shortlist of 23 possible large-scale corruption cases that it may look into. Medina, however, refused to disclose the full list. He only hinted that Arroyo is implicated in "more than one" case. Medina also said that large-scale corruption "is not in terms of money only, but in terms of people affected, in terms of areas affected." Aside from Davide and Medina, other members of the panel incldue retired Supreme Court justices Flerida Ruth Romero and Romeo Callejo Sr., and Ateneo law professor Menardo Guevarra. Truth panel The five-member Truth Commission, created by President Benigno Simeon Aquino III, has asked Senate President Juan Ponce Enrile Jr. information on previous investigations conducted on these issues. "One of the latest resolutions promulgated by the commission requests the president of the Senate to provide the commission with information on Senate investigations in aid of legislation of cases involving large-scale graft and corruption committed during the previous administration, including, but not limited to the NBN-ZTE scandal, the fertilizer fund scam, and the C-5 scandal," said Davide. The committee has also promulgated resolutions requesting the Office of the Ombudsman, departments under the Executive branch, the Commission on Audit, and government-owned and controlled corporations to provide information on allegedly anomalous transactions made during the previous administration. Davide added that the commission is still setting up the criteria for what constitutes large-scale graft and corruption that may be investigated by the body. He added the scandals they will investigate are those "whose scale and magnitude offend the ethical and moral sensibilities of the people." "Once we get all this data on massive and extensive corruption, we'll be able to formulate the rules and guidelines and supplemental rules of procedure," said Davide, a former chief justice. Not toothless Davide said the committee has no procutorial powers like the Department of Justice and the Office of the Ombudsman. It does not have powers to cite in contempt people who will refuse to cooperate in the probe. Despite this, members of the commission denied the panel's investigation will be "toothless." Callejo, who specializes in criminal procedures, said the truth body can resort to other remedies when government officers and private individuals do not want to testify or produce evidence. "Let's assume they refuse, they'd like to conceal evidence... As the chair said they may be charged with obstruction of justice. An official who deliberately refuses to submit records for the purpose of concealing in official proceedings may be liable for obstruction of justice," said Callejo. Guevarra, meanwhile, said that while the committee does not have contempt powers, proceedings for contempt may still be instituted. "There may be no contempt powers, but nothing prevents us from initiating steps," he said. Callejo also said that the truth body may scrutinize bank accounts of private individuals accused of colluding with public officials. "Even in the Revised Penal Code, a private individual who conspires may be charged with malversation, too," he said. Executive Order No. 1 Aquino signed his first executive order, which created the Truth Commission, to investigate alleged corruption issues in the nine-year Arroyo administration. "Today I signed Executive Order No. 1, establishing a commission to investigate allegations of anomalies during the last nine years. The process of bringing a necessary closure to the allegations of official wrongdoing and impunity has begun," Aquino said in a statement read by his spokesman Edwin Lacierda in a press briefing in Malacañang on July 30. The commission will "primarily seek and find the truth on, and toward this end, investigate reports of graft and corruption of such scale and magnitude that shock and offend the moral and ethical sensibilities of the people" committed during the previous administration, EO No. 1 said. Arroyo allies ask SC to void EO on Truth Commission Allies of Arroyo earlier asked the Supreme Court in August to nullify Aquino's EO No. 1 that created the Truth Commission, In a 55-page petition, House Minority Leader Edcel Lagman and Representatives Rodolfo Albano Jr., Simeon Datumanong and Orlando Fua Jr. called the Truth Commission an "exercise in futility" as it duplicates the quasi-judicial powers of the Office of the Ombudsman and the Department of Justice. The lawmakers asked the SC to issue a temporary restraining order on the enforcement of EO No. 1. Judicial courtesy Despite its pending SC case, the Truth body got down to business because the commission has only until December 2012 to fulfill its purpose, Davide said. While the court has called for judicial courtesy as it decides on EO No. 1, Davide said the commission is not violating any law because the court has not issued a TRO. "Considering that the lifetime is only until Dec. 31, 2012, we felt it is the better part of wisdom we do something even if there is still a pending case," he said. The former chief justice also said that should the present Supreme Court rule that EO No. 1 is unconstitutional, "let it be said we have done something. The Truth Commission has done something anyway." –with Amita Legaspi, VVP, GMANews.TV 
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