BY WENDELL VIGILIA and GERARD NAVAL
REP. Rodante Marcoleta (PL, Sagip) yesterday he has verified that Elections chairman George Garcia has two bank accounts in the Cayman Islands, which he said is among the 49 offshore bank accounts that he previously linked to the P17.9 billion automated vote-counting contract between the Commission on Elections (Comelec) and South Korean firm Miru Systems Co. Ltd.
Garcia said Marcoleta’s allegation is part of a demolition job aimed at discrediting the poll automation contract between the Comelec and Miru Systems.
He vowed to expose who is behind the black propaganda when he appears before the House of Representatives when it investigates the lawmaker’s accusations.
Marcoleta has filed House Resolution No. 1827 urging the lower chamber to look into the deposits made to Garcia’s offshore bank accounts for the possible violation of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act; Republic Act No. 7080, or An Act Defining and Penalizing the Crime of Plunder, and other applicable laws and regulations.
In his resolution, Marcoleta said the two Cayman bank accounts were still existing as of July 26, 2024, and “there is a reason to investigate and inquire about the potential existence of connivance and conspiracy between Comelec chairman Garcia and Miru Joint Venture to ensure the integrity of the upcoming 2025 Philippine elections and to preserve the exercise of each Filipino voter’s inherent right to suffrage.”
It was the first time that Marcoleta named Garcia, who had earlier said he was the one being referred to by the lawmaker during his July 9 press conference when he first alleged that a Comelec official received deposits of almost P1 billion in his 49 offshore bank accounts between June 22, 2023 to March 22, 2024, including P120 million from Korean banks.
Marcoleta said the Cayman Islands bank accounts are part of the 49 offshore bank accounts.
He also said that 22 of the offshore accounts which received deposits from South Korean banks, were suddenly closed within the last two months, starting June 26, the same day he issued a press statement questioning the Comelec-Miru deal, the lawmaker said.
“Sinabi ni Chairman Garcia it was demolition job (Chairman Garcia said it was a demolition job),” he said in a press conference. “Kung talagang demolition job, bakit kailangan ng closing of accounts? (If it is really a demolition job, why was there a need to close the accounts)?”
Marcoleta said he was able to validate the two bank accounts after a “volunteer” in New York City deposited $100 to each account and the receipts from Chase for Business showed that the accounts are under the name of “George Erwin Mojica Garcia.”
“That receipt came from a platform of a US-based institution, a reputable bank called JP Morgan Chase & Company. That’s a consumer and banking subsidiary of a reputable world-renowned banking institution based in America. That’s why the transaction records from Chase for Business can be considered authentic and untampered,” he said.
The receipts showed deposits made to bank account numbers 1076-3000-10750 and 0000-012-58562.
“Sinabi ni Chairman Garcia na wala po akong kahit isang (offshore) bank account, sinabi pa niya na ‘saksi ko ang Diyos’ (Chairman Garcia has said he does not even have one offshore bank account. He even said, ‘God is my witness.’) This cannot be just plainly denied. The burden (of proof) shifted to him already.”
While the administration lawmaker said Garcia “should be made to account” to protect the integrity of the 2025 midterm national elections, he could not say for certain of the transactions being linked to the chairman involved Miru.
“Hindi ko pa masabi kung may koneksyon sa Miru dahil di nga mapaliwanag (I can’t say yet if this is connected with Miru because it remains unexplained),” he said.
With the verification of the two Cayman bank accounts, Marcoleta said Garcia should now consider resigning from the Comelec to spare it from further controversy.
“Chairman Garcia has a lot of explaining to do,” Marcoleta said. “Kung magre-resign siya pwede din (If he will resign, that’s also acceptable) … it is an option for him unless he can explain this in a way that is acceptable to the public.”
The poll chief dismissed the lawmaker’s call, saying: “Why should I resign if the accusations against me aren’t even made under oath? That shouldn’t be the process.”
He said he is looking forward to being asked during the House inquiry who is behind the supposed demolition job against himself, the Comelec, Miru Systems, and the 2025 poll automation deal.
“I hope I can be asked who gave me the copy of the white paper? Who is it from? Who was the source? And what was the promise of the one who is giving it out? I am very much willing to answer all these questions,” Garcia said.
“The information was given to me face to face and the details were provided, such as who was it from and what was promised to (my source),” he added.
Garcia said he is in favor of having a congressional probe on his alleged offshore bank accounts and supposed deposits from South Korea as he will be able to give his response in the proper forum.
“I am very much willing to face an investigation, wherever it may be, even in the lower house, so that we can have an opportunity to explain everything,” he said, adding: “I will answer all questions in the proper forum. They say they want a (congressional) hearing. Sure, I am okay with any hearing.”
UNDER OATH
Garcia said the claims of Marcoleta does not hold water as they were simply public statements but are not made under oath.
In contrast, he said all his denials of the offshore accounts were coupled with statements and affidavits made under oath.
“Until earlier today, there has been no accusations put under oath. That is my challenge: Put your allegations under oath. That is actually (a) basic (principle),” he said.
“The one denying (the) allegations is under oath, while the one accusing is not. Why is that? I can be charged with perjury if I am lying. But what about the one accusing if he is making false allegations?” asked Garcia.
He also lamented the uneven status of him and his accuser with the latter having the benefit of immunity from suit.
“It is not fair. I can be thrown mud while the one accusing me has immunity from suit. How is that equal?” said Garcia.
He said that if he chooses to remain silent over the allegations, he is certain to be crucified before the public.
“In the public’s opinion, if you are accused and you don’t speak up, then you are guilty,” he said.
‘DISTURBING PARALLELISM’
In his resolution, Marcoleta said that if his revelations against Garcia prove to be true, it will show a “disturbing parallelism that reflects investigative reports in Miru’s corrupt practices in other jurisdictions, including the conduct of such practices in Congo, which has actually resulted in the United States government imposing sanctions against three Electoral Commission officials in the said country.”
The lawmaker has long been urging the House leadership to order the Committee on Suffrage and Electoral Reforms to formally begin an inquiry into the contract between Comelec and Miru after the Supreme Court ruled that the poll body committed grave abuse of discretion when it disqualified Smartmatic-TIM from participating in the bidding for the 2025 Automated Election System (AES) contract.
Marcoleta has warned that Republic Act (RA) No. 9369, or the Automated Election law, will be violated if the Comelec allows Miru to use what it calls its “two-systems-in-one” to collect and count votes in the 2025 midterm polls.
The lawmaker said the Comelec can instead use the over 93,000 vote-counting machines (VCMs) it had purchased from Smartmatic, as these machines are still covered by warranty and spare parts provision until 2025.