Luy: Jinggoy complained about missing kickbacks

MANILA, Philippines – Not only is Senator Jinggoy Estrada accused of raiding the public treasury of his Priority Development Assistance Fund (PDAF) or pork barrel, he allegedly counted his millions in illegally acquired commissions down to the last thousands.

State witness Benhur Luy testified on Tuesday, October 7, before the anti-graft court Sandiganbayan that the senator “complained” about missing P10,000 ($223.77) from the kickbacks he received over the pork barrel scam.

Luy said his former boss and businesswoman Janet Lim Napoles once played a trick on the senator to “test if he received and counted his commissions.” She ordered him as her employee then to take out a few thousands from the bundles of cash Napoles sent Estrada.

The missing P10,000 apparently did not escape the eye of Estrada, who complained about it over the phone to Napoles.

Luy said the senator fondly called Napoles “Ate,” a Filipino term of endearment for an older sister.  

“Ate, yung perang pinadala mo kulang ng sampung libo (Ate, the money you sent is short of P10,000),” Luy recalled Estrada saying.

Luy added he was just an arm’s length away from Napoles inside her office in either 2009 or 2010 when the phone conversation was ongoing. Napoles’ iPhone was set on loud speaker, he said. 

The complaining Estrada prompted Napoles to laugh after the call, Luy said. Her prank appeared to have worked.

Hearing about it for the first time in open court, Estrada cursed audibly from the court gallery. This is the second time Estrada and Luy met in the Sandiganbayan over the pork scam cases.

The curse – audible and crisp enough for reporters to notice during the court hearing – was denied by Estrada in interviews on camera. He branded Luy’s testimony as “purely lies.”

He noted the absurdity of him complaining about a few thousands if he indeed plundered P183 million (over $4 million*) from his PDAF, which is supposed to fund his community development pet projects.

Estrada, his former aide Pauline Labayen, as well as Napoles and her driver-bodyguard John Raymond de Asis are facing plunder and graft charges before the Sandiganbayan’s 5th Division, which is currently hearing his bail plea.

Sen Jinggoy Estrada: I talk to Janet Napoles not about commissions but of matters the public need not know #Rappler pic.twitter.com/rBl1F0pvbl

— Buena Bernal (@buenabernal) October 7, 2014

Various middle men

Luy mentioned a number of agents who collected kickbacks from Napoles on behalf of Estrada.

They include: his family friend and now state witness Ruby Tuason; actor Mat Ranillo III and wife; and his aide Labayen. 

He added that even the opposition senator’s mother Loi transacted with Napoles.

The pork barrel scheme involves Napoles handing money to lawmakers for them to endorse her NGOs as recipients of their PDAF. Liquidation papers were fabricated to feign the implementation of government projects.

Estrada, for his part, denied gaining from the scam, challenging Luy to prove the money he gave to Labayen went to him.

Luy said he met Estrada in his Senate office after Labayen introduced him to the senator as “tao ni Ate (staff of Ate Napoles).”

He added that the senator often spoke in Napoles-hosted gatherings, also mentioning the time when Estrada signed a letter endorsing Napoles’ NGOs during a party. (READ: Estrada signed PDAF letter at Napoles’ party – Luy)

Estrada’s lawyer Sabino Acut Jr – known for his constant objections – criticized Luy in open court for appearing to know and recall everything. 

At least 15 minutes of the court’s time was spent discussing Acut’s objection to any and all testimony pertaining to Estrada’s receipt of commissions from Napoles.

The defense lawyer insisted for several minutes to the 5th division bench that the matter was never offered by the prosecution to be part of Luy’s testimony.

Prosecutor Jacinto dela Cruz Jr explained that Luy as Napoles’ former financial officer was privy to the matter. After the long-winded debate, Acut’s objection was merely noted by the court.

Defense lawyers for Napoles and Estrada maintained their continuing objection that Luy’s testimony is mere hearsay, as the witness did not see for himself when Estrada allegedly collected the kickbacks. – Rappler.com