CA justice may file raps vs 'Meralco emissary'
by JUDITH BALEA, abs-cbnnews.com | 08/01/2008 7:30 PM
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A Court of Appeals (CA) justice plans to file bribery, perjury and libel charges against a businessman allegedly brokering for the Manila Electric Co. (Meralco) in the legal battle for control of the country’s biggest power retailer.
In a press conference at his office, Court of Appeals (CA) Justice Jose Sabio Jr. expressed his disgust over statements made by a Makati businessman and former acquaintance, Francis de Borja, who accused him of asking for a P50-million bribe.
"I can charge him with bribery or perjury because he told a lie in a sworn statement. Maybe even libel for trying to discredit me," Sabio said.
Asked why he was filing bribery charges only now and not at the time when the attempt was made, Sabio replied, "Because I pitied him (De Borja), I was trying to protect him and then he did this to me. Now, he's trying to discredit me?"
De Borja was the mysterious Meralco emissary that Sabio alleged offered him P10 million to let go of the chairmanship of the appellate court’s 9th division, which was handling the Meralco case.
After slamming what he said were De Borja’s blatant lies, Sabio detailed their phone conversations. He said De Borja was insisting that he accept the offer, which he said he kept turning down.
“Since I had given a firm no to his offer, I thought the matter had already been settled. Mr. De Borja, however, kept pestering me with phone calls and text messages. I never initiated the calls.”
Sabio challenged De Borja to "submit to a lie detector test to see who's telling the truth” and to “produce his phone records to prove that I ever contacted him.”
Calls and a meeting
On May 31, Sabio said he got a first call from De Borja who told him that the Makati Business Club was happy for he signed the temporary restraining order favoring the Lopez-led Meralco board in May.
Sabio said he replied, “I voted according to my conscience.” De Borja then put down the phone saying “Mabuhay ka, justice.”
The second call was when De Borja asked if they could meet up at the Ateneo Law School in Makati City at 8 p.m. on July 1. He agreed.
At the school’s lobby, Sabio said De Borja told him that the P10 million was ready and bragged that Meralco chairman Manuel 'Manolo' Lopez was with him when he called up.
In his affidavit, Sabio quoted De Borja as saying, “The time I called, I was with Manolo Lopez then. He was on his way to America that’s why it’s just me who came to talk to you.”
Quoting De Borja, Sabio said the case was “a matter of life and death for the Lopezes” because they already lost control of Meralco once during the Marcos regime.
De Borja earlier admitted that he called Sabio's mobile phone several times not to represent any of the disputing parties but simply because of “curiosity” about the case. He also denied offering Sabio P10 million and that Lopez was in any way involved.
“Lopez never asked for my help,” he told ABS-CBN News Channel’s Dateline Philippines.
Lopez, for his part, said he was in the US from June 27 to July 13 for a medical check-up, meaning it was impossible for him to be waiting in a car at the Ateneo Law School when De Borja allegedly made the bribe offer.
Lopez dubbed the allegation "malicious" and a "pure fabrication." In a press briefing Friday afternoon, he presented his boarding passes to prove he was in the US on July 1.
Call to Evelyn
Sabio also said that De Borja even called a Cagayan de Oro-based mutual friend, Evelyn Clavano, to try to convince him to accept the P10 million.
Clavano has filed a sworn statement about the call she got from De Borja. Copies of this statement were distributed to the media by Sabio’s staff.
In her affidavit, Clavano said, De Borja “related that because he is very close to the Lopezes of Meralco, he wanted to call him regarding his possible inhibition in a certain Meralco case." He also told her of the "Lopezes desire that the same justice, with whom the Lopezes are more comfortable, sit in the [CA] division.”
In her affidavit, Clavano also said De Borja asked for Sabio’s cell phone number, but she did not mention anything about being swayed to convince Sabio to accept the bribe offer. Sabio said in his press conference that De Borja urged Clavano to try to convince him to accept the P10 million bribe offer.
Sabio said that at the time he found out about the call to Clavano, he had begun to feel “oppressed” so he called up De Borja “to tell him once and for all to stop pestering me.”
In this phone conversation, De Borja reportedly told Sabio, “This case will be brought to the Supreme Court and you will still lose. It would be a waste if you don’t accept the P10 million. Your children may blame you later.”
De Borja continued, “If you will not accept, we will be forced to look for other ways. No matter what, I salute you.”
De Borja and ‘The Firm’
Sabio said it was the influential Villaraza Cruz Marcelo & Angangco (CVC) law firm, also known as “The Firm”, that was backing De Borja.
“Mr. De Borja would be supported by The Firm. He told me he was the one who recommended The Firm. They’re really trying to intimidate me.”
“His affidavit was prepared by a lawyer to picture me as a person who would accept a bribe. Only a lawyer can do such a well presented affidavit.”
The CVC law firm declined to issue any statement on Sabio's claim saying they would remain focused on the merits of the case.
Sabio said he and his family could be in danger due to his disclosures and his call for a review of the July 24 decision of the CA favoring Meralco.
“I expect matters to get worse because I’m up against the billions of the Lopezes.”
But he said he would stand by his principles and that "God is behind me."
