Six opposition senators filed a resolution seeking a Senate investigation, to be led by Senator Antonio Trillanes IV, into the multi-million-peso contracts of Solicitor General Jose Calida’s security agency with several government offices.
The proposed Senate inquiry was contained in Senate resolution initiated by Senator Risa Hontiveros, Minority Franklin Drilon, and Senators Paolo Benigno Aquino IV, Francis Pangilinan, Trillanes and detained Senator Leila de Lima.
The minority bloc urged the Senate committee on civil service, government reorganization, and professional regulation, chaired by Trillanes, to investigate the issue.
“Considering that the solicitor general acts and represents the Republic and its people before any court, tribunal, body or commission as the ends of justice may require, it is of highest importance that the person occupying the office remains beyond reproach, acts in a manner that inspires confidence in the civil service and in the rule of law, and conducts himself with utmost integrity and decency,” the opposition senators said.
Citing the Constitution, the minority bloc said public officials must not, “directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the government.”
The Constitution also mandates that public officials “strictly avoid conflict of interest in the conduct of their office.”
The six senators also mentioned Republic Act No. 6713 which states: “A public official or employee shall avoid conflicts of interest at all times.” Such conflict, the law says, “arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty.”
The resolution detailed that the security agency was owned entirely by Calida’s family, with the solicitor general still owning 60 percent of shares as of Sept. 29, 2016 or two months after he assumed office while his wife and three children owned the remaining 40 percent shares at 10 percent each.
It also cited a notification sent to the Securities and Exchange Commission on July 14, 2016 that Calida’s wife, Milagros, was listed as president and chairperson of Visai. Meanwhile, their children—Josef and Michelle—were listed as vice president and corporate secretary; and treasurer, respectively.
“From August 2016 to January 2018, Visai won 14 government contracts, two of which were with the Department of Justice and amounted to P12.4 million and the nine of which were won after he assumed the position of Solicitor General,” the resolution stated. “So involved was the Solicitor General that in nine of the notices of award on the Philippine Government Electronic Procurement System (Philgeps) website, he was listed as the contact to Visai.”
Calida has maintained there is no conflict of interest in his firm bagging DoJ contracts because the OSG is “independent and autonomous” except only when it comes to budget, which the DoJ prepares for them.
He also said earlier that the Code of Conduct and Ethical Standards for Public Officials and Employees requires that he resigns or divests, but not both.
He added that the anti-graft law also does not prohibit his firm’s government contracts, saying that, under the Constitution, only Cabinet members are prohibited from having financial interest in government transactions.
“Although he is conferred Cabinet rank by RA 9417 and is invited to Cabinet meetings by the President, he does not head an executive department and his appointment, unlike those of Cabinet members, did not require Commission on Appointments confirmation,” said the solicitor general’s camp.
Calida on Thursday rejected calls for him to resign from his post amid allegation of conflict of interest, in connection with the multi-million-peso government contracts bagged by his family’s security firm.
“No, why should I? I’ve been a lawyer since 1974, I can handle all attacks. The question is, ‘Can they handle my counter-attack?’” Calida said in a television interview.
Calida made the statement after some opposition lawmakers demanded his resignation over allegations that his family-owned Vigilant Investigative and Security Agency, Inc. secured multi-million peso contracts with government agencies such as the National Parks Development Committee, the National Economic and Development Authority, and the Philippine Amusement and Gaming Corp. between 2015 and 2018.
Calida’s critics accused him of conflict of interest and committing graft and corruption because he has pecuniary interest involving multi-million government contracts.
But Calida said he did not violate the law when the family’s security agency bagged government contracts.
“Did I commit graft? No, I did not. They are angry with me because I won the quo warranto case and ousted their chief justice. Had I lost the case, they will not attack me like this,” said Calida, who initiated the quo warranto petition seeking the ouster of Chief Justice Maria Lourdes Sereno.
“I understand also where Senator Pangilinan comes from. He’s the president of the Liberal Party and the one who viciously accused me in the Ombudsman admitted that she has no proof and admitted also that she’s rooting for Sereno,” Calida added.
Calida also believed there is also no need for him to discuss the matter with the President. “My conscience is clear and there’s no reason why I should bother the President with this problem,” he said.
Calida also debunked allegation that he is having an affair with his assistant, describing it a “big fat lie.”
“This woman admits that she has no evidence,” Calida said, referring to his accuser before the Office of the Ombudsman.
“He who alleges must prove it and what she’s saying is actually a concoction, a vicious, malicious concoction. In other words they are fabricating charges against me,” the chief state lawyer said.
In an interview with CNN, he also threatened to file libel charges against his accusers.
Earlier this month, private citizen Jocelyn Marie Acosta-Nisperos filed a complaint against Calida before the Office of the Ombudsman, accusing him of having a mistress, conflict of interest, and bias for the Marcos family.
In the complaint, Calida was accused of violating the Anti-Graft and Corrupt Practices Act and the Code of Conduct and Ethical Standards for Public Officials.
Nisperos claimed that Calida has an affair with his 22-year-old executive assistant, who allegedly received P1.8 million in public funds as compensation.
But Nisperos admitted that she has no evidence on the alleged affair aside from her supposed “verified sources.”
