THE Department of Justice (DOJ) said on Wednesday it would still pursue the possible graft and money-laundering case against Commission on Elections (Comelec) Chairman Andres D. Bautista, even if he and his wife Patricia Paz decides to settle their marital dispute amicably.
In an interview, Justice Secretary Vitaliano N. Aguirre II said the allegation of Patricia Paz that his husband has ill-gotten wealth, which could reach at least P1 billion, cannot be considered as a private issue involving the couple.
“This is not a private relationship matter. It concerns the money of the people of the Philippines. Whether they settle, I think the proceedings will continue either in the impeachment court or ordinary criminal proceedings,” Aguirre stressed.
In light of this, Aguirre said he has reiterated his directive to the National Bureau of Investigation (NBI) to thoroughly verify information and documents provided by Patricia Paz for possible graft and money-laundering cases against the Comelec chairman.
Aguirre also disclosed that he has asked the NBI to look into possible anomalies at the Presidential Commission on Good Government (PCGG) during the stint of Bautista as chairman.
The DOJ secretary said he met with three PCGG commissioners on Wednesday to discuss the ongoing probe.
In Department Order 517 issued on August 7, Aguirre directed the NBI to conduct an investigation and case buildup on Bautista on his alleged failure to disclose information required in the statement of assets, liabilities and net worth (SALN) and for possible violation of the anti-money laundering law.
He also directed NBI Director Dante Gierran to submit a monthly report on any updates related to the probe.
Aguirre noted that any results of the investigation being conducted by the NBI on the alleged undeclared assets of the Comelec chief may be used as evidence in any impeachment or criminal proceeding against him.
In her affidavit submitted to the NBI, Patricia Paz said she discovered several passbooks, as well as bank and real property documents, under her husband’s name and some of his relatives that were not included in his 2016 SALN.
In his 2016 SALN, Bautista declared a total net worth of P176.3 million.
Among the documents that Patricia Paz disclosed to prove his husband’s ill-gotten wealth were 35 Luzon Development Bank (LDB) passbooks with a total balance of P329.2 million; a foreign-currency account with Rizal Commercial Banking Corp. (RCBC) with $12,778; an RCBC personal account with P257,931.60; an HSBC account with HK$948,358.97; a condominium unit in One Bonifacio High Street at Bonifacio Global City (BGC) in Taguig City; a condominium unit in The District in San Francisco California.
Patricia Paz claimed that she was kept in the dark by Bautista with regard to 13 other real properties listed in his SALN.
Aguirre said the NBI is not prohibited from proceeding with the investigation, even if Bautista is an impeachable official.
“The immunity of the impeachable officers is the filing, but you are not prohibited from investigating, so in the event that this investigation will be able to [gather] some evidence then, later on, these evidence…could be presented…during the impeachment trial,” Aguirre said.
He added evidence can also be used in any criminal case that might be filed against Bautista later, or even if he is acquitted in an impeachment proceeding. Bautista, he stressed, could still face possible criminal cases even if he is acquitted in an impeachment trial.
“If he is acquitted in the impeachment trial, there are aspects that may not have been possibly covered by the impeachment trial that he could be investigated on and a complaint could be filed despite an acquittal in the impeachment trial. We could wait for the expiration of his term [if he is acquitted and remains an impeachable official] before the appropriate criminal cases are filed,” the DOJ secretary explained.
Aguirre added he is expecting the Anti-Money Laundering Council to be more cooperative in the NBI probe since it has a memorandum of agreement with the former and considering that Bautista’s wife, already has documents she presented to the NBI, including alleged records on numerous bank accounts of her husband.
“I believe so because it’s the NBI who has a memorandum of agreement with the AMLC, not the DOJ. So the NBI will be making the request,’ Aguirre said.