Former Quezon Representative Lorenzo Tañada III and fellow lawyers from the Free Legal Assistance Group on Friday filed before the Department of Justice perjury complaint against Peter Joemel Advincula alias “Bikoy” and Police Lieutenant Colonel Arnold Thomas Ibay for allegedly using false testimonies in the sedition complaint filed against Vice President Leni Robredo and other opposition figures, in connection with the “Ang Totoong Narcolist” viral videos.
In their complaint, the complainants said that there is “sufficient ground” to prosecute Advincula and Ibay for perjury and offering false testimony as evidence in an official proceedings in violation of Articles 183 and 184, respectively, of the Revised Penal Code.
“On or about July 2019, knowing that Advincula was a false witness and that the Advincula Salaysay contained untruthful statements knowingly made against us, Ibay nevertheless submitted it as basis of a criminal complaint against us and several others before the Department of Justice [DOJ],” the complainant added.
The complaint was filed by Tañada and fellow FLAG lawyers Jose Manuel “Chel” Diokno and former Supreme Court spokesman Theodore Te.
All three are among the 36 respondents named in the sedition complaint filed by the Philippine National Police -CIDG concerning the “Ang Totoong Narcolist” videos.
The PNP-CIDG stated in its complaint that Advincula was allegedly engaged by the respondents for “Project Sodoma” to “spread lies against the President, his family and close associate, making them to appear as illegal trade protectors and how they earned staggering amounts of money.”
“The allegation by Advincula and Ibay that we, Attys. Diokno and Tañada, together with some other Otso Deretso candidates, were in a meeting with Advincula to plan and discuss this so-called ‘Project Sodoma’ is an absolutely willful and deliberate assertion of a falsehood in violation of law,” read the complaint.
Diokno and Tañada denied the allegations of Advincula that they met on March 4 at the Leung Hall of the Ateneo de Manila University to plan “Project Sodoma” along with the other respondents including Vice President Ma. Leonor “Leni” Robredo.
The two admitted being at the ADMU that day but only “to attend a Senatorial Candidates Forum organized by Rappler and the Political Science Department of Ateneo de Manila University.”
“Right after the Forum, we immediately left the Ateneo campus to attend to other engagements,” Diokno and Tañada said.
Te also denied the allegations that he met Advincula and other members of the “Project Sodoma Team” on May 2.
Nonetheless, Te admitted meeting Advincula on May 4.
“The only reason I met with him was in connection with my duties as a lawyer,” said Te who said that he was being asked to lawyer pro-bono for someone who later introduced himself as Advincula during their first meeting on May 4.
“After the termination of the interview, I made known my reservation as to his lack of credibility to our National Chairperson, Atty. Jose Manuel I. Diokno, who was then running a seat in the Philippine Senate. We agreed that FLAG would not represent or assist Mr. Advincula and that, if they agreed, FLAG would refer the request to the Integrated Bar of the Philippines National Committee on Legal Aid, subject to their own assessment of his credibility,” Te said.
Meanwhile, the Department of Justice is expected to conclude next week its preliminary investigation of the said case.
The DOJ’s panel of prosecutors decided not to extend the deadline for the submission of the counter-affidavits of the respondents answering the allegations against them by complainant PNP- Criminal Investigation and Detection Group.
With the exception of detained Senator Leila de Lima, Diokno and Danilo Songco, who have yet to file their counter-affidavits, the rest of the respondent have submitted their answers.
The DOJ panel chaired by Senior Assistant State Prosecutor Olivia Torrevillas gave them until next week to file their counter-affidavits.
On Tuesday next week (Sept. 9), the panel will go the Custodial Center of the Philippine National Police (PNP) in Camp Crame where de Lima is detained to get and subscribe her counter-affidavit.
The panel will receive the counter-affidavits of Diokno and Songco on Sept. 9 and on Sept. 11, respectively.
“With the submission of the counter-affidavits on September 9 and September 11, this case will be deemed submitted for resolution,” Assistant State Prosecutor Gino Paolo Santiago, a member of the panel, told the parties during the preliminary investigation proceedings.
The prosecutor warned that those “who failed to submit their counter-affidavits today (Sept. 6) will be deemed to have waived their rights in submitting counter-affidavits.”
During the hearing, the DOJ panel turned down the appeal of the Office of the Solicitor General (OSG), who represents complainant PNP-CIDG to file a reply-affidavit, in response to the counter as well as the submission of additional evidence.
“The filing of the reply-affidavit is discretionary upon the investigating prosecutor of this case,” Santiago told Assistant Solicitor General Angelita Miranda, acting as counsel for PNP-CIDG for the purpose of the preliminary investigation
The investigating fiscals reminded Miranda that during the last hearing on August 9, the OSG assured that the pieces of evidence presented in the case have been deemed complete.
“This is denial of due process on our part,” Miranda said in an interview.
“The complaint that we filed was complete at that point, but they wanted to know the truth,” she said.
During the proceedings, Miranda asked the panel to issue subpoenas to lawyer Jude Sabio, businesswoman Guillerma Lalic Arcillas Barrido, and Perfecto Tagalog so that the OSG can get their testimonies.
Sabio recently published an article which disclosed that former Sen. Antonio Trillanes IV, one of the respondents in the case, offered him to lawyer for Peter Joemel Advincula alias Bikoy.
While, Barrido and Tagalog have accused Trillanes of forcing them to concoct lies against family members of President Rodrigo Duterte.
In its complaint, the PNP-CIDG accused the 36 respondents of having committed sedition, inciting to sedition, cyber libel, libel, estafa, harboring a criminal, and obstruction of justice.
The case stemmed from the “Ang Totoong Narcolist” videos which features the hooded Bikoy and accused a number of personalities including members of the Duterte family as being involved in the illegal drugs trade.
“As averred by Mr. Advincula, he was engaged by the respondents to spread lies against the President, his family and close associate, making them to appear as illegal trade protectors and how they earned staggering amounts of money,” the PNP-CIDG complaint stated.
The other respondents include Robredo, incumbent Senators Ana Theresia “Risa” Hontiveros, “Otso Diretso” senatorial candidates of the Liberal Party — Diokno, former Magdalo party-list Rep. Gary Alejano, former Solicitor General Florin Hilbay, Robredo’s election lawyer Romulo Macalintal, former Paolo Benigno “Bam” Aquino, former Quezon Rep. Lorenzo Tanada III, and Samira Gutoc-Tomawis, among others.
Meanwhile, Senator Risa Hontiveros, who has denied charges of sedition, inciting to sedition, cyber libel, estafa and obstruction of justice filed against her in connection with the same case, appealed to the Department of Justice (DOJ) not to entertain wild conspiracy theories against the opposition.
She added that it is an unnecessary distraction from a collective effort to amend the implementing rules and regulations of the good conduct time allowance (GCTA) and address the accusation of corruption in the BuCor, which is an agency under the DOJ.
Hontiveros said that the DOJ should instead focus its attention on more pressing matters such as the accusations of corruption in the BuCor and reports of GCTA being sold to unqualified inmates.
In a counter affidavit, Hontiveros insisted there was no probable cause to support an indictment.
“It also said that due process has been denied as the charges were “vague, indefinite and imprecise.” It called on the DOJ to dismiss the complaint.
Former senators Antonio Trillanes IV and Paolo Benigno “Bam” Aquino and Otso Diretso senatorial candidate Samira Gutoc also filed their respective counter-affidavits before a state prosecutor at the DOJ.
In his filing, Trillanes said he did not know of nor participated in the production and circulation of the videos, in which
Advincula alias “Bikoy” implicated members of the First Family in the illegal drug trade.
He also denied he was part of a “destabilization plot” aiming to unseat Duterte and install Vice President Leni Robredo in his place.
Although he said Advincula had been introduced to him by church workers in 2018, he said he set aside the man’s claims after he found his story “wanting in vital detail and very confusing.” He said Advincula failed his “vetting process” for whistleblowers and witnesses who come to him.
He said he had almost forgotten about Advincula’s claims until February 2019, when the same church workers gave him documents that supposedly came from Advincula and “his fellow syndicate” members that purportedly reflected the “monthly taras” given to the patriarchs of the syndicate.
He said he asked “local and international” persons and institutions to validate the documents, then informed Advincula through the church workers that “the only thing we can do is to patiently wait for the result of the investigation and/or verification process.”
“This was the entire extent of my involvement with Bikoy and the statements and/or related documents emanating from him,” Trillanes said in the counter-affidavit.
Meanwhile, Aquino and Gutoc were specifically accused of attending a March 4, 2019 meeting at the Ateneo De Manila University, where they and other opposition personalities, including Robredo, discussed an alleged plot to discredit the Duterte administration.
But both said they were in the university on that date to attend a senatorial debate forum hosted by Rappler. Both also denied personally knowing Advincula and being part of the purported “Shadow Group” of “Project Sodoma,” the alleged plot.
“Without any hint of participation or knowledge of such Bikoy videos prior to their distribution in public and appearance in the news, I cannot and should not be made liable for any of the cases anchored on such alleged activity,” Aquino said.
The complaint filed by the police Criminal Investigation and Detection Group is based on the sworn statement of Advincula, the man who claims to be the hooded “Bikoy” in the “Ang Totoong Narcolist” videos.
Meanwhile, Senator Hontiveros has appealed to the Department of Justice (DOJ) not to entertain wild conspiracy theories against the opposition.
She said it was an unnecessary distraction from collective effort to amend the implementing rules and regulations of the good conduct time allowance (GCTA) and address the accusation of corruption in the BuCor, which is an agency under the DOJ.
DOJ, Hontiveros said the DOJ should instead focus its attention on more pressing matters such as the accusations of corruption in the BuCor and reports of GCTA being sold to unqualified inmates.
In her counter affidavit, Hontiveros insisted there was no probable cause to support an indictment.
“It also said that due process has been denied as the charges were “vague, indefinite and imprecise.” It called on the DOJ to dismiss the complaint.
Hontiveros’ co-accused former senators Antonio Trillanes IV and Paolo Benigno “Bam” Aquino and Otso Diretso senatorial candidate Samira Gutoc earlier filed their respective counter-affidavits before a state prosecutor at the DOJ.
In his filing, Trillanes said he did not know of nor participated in the production and circulation of the videos, in which
Peter Joemel Advincula alias “Bikoy” implicated members of the First Family in the illegal drug trade.
He also denied he was part of a “destabilization plot” aiming to unseat Duterte and install Vice President Leni Robredo in his place.
Though he said Advincula had been introduced to him by church workers in 2018, he said he set aside the man’s claims after he found his story “wanting in vital detail and very confusing.” He said Advincula failed his “vetting process” for whistleblowers and witnesses who come to him.
He said he had almost forgotten about Advincula’s claims until February 2019, when the same church workers gave him documents that supposedly came from Advincula and “his fellow syndicate” members that purportedly reflected the “monthly taras” given to the patriarchs of the syndicate.
He said he asked “local and international” persons and institutions to validate the documents, then informed Advincula through the church workers that “the only thing we can do is to patiently wait for the result of the investigation and/or verification process.”
“This was the entire extent of my involvement with Bikoy and the statements and/or related documents emanating from him,” Trillanes said in the counter-affidavit.
Meanwhile, Aquino and Gutoc were specifically accused of attending a March 4, 2019 meeting at the Ateneo De Manila University, where they and other opposition personalities, including Robredo, discussed an alleged plot to discredit the Duterte administration.
But both said they were in the university on that date to attend a senatorial debate forum hosted by Rappler. Both also denied personally knowing Advincula and being part of the purported “Shadow Group” of “Project Sodoma,” the alleged plot.
“Without any hint of participation or knowledge of such Bikoy videos prior to their distribution in public and appearance in the news, I cannot and should not be made liable for any of the cases anchored on such alleged activity,” Aquino said.
