After two years, the Senate Blue Ribbon Committee has finally released its committee report and recommended the prosecution of twelve personalities involved in the alleged anomalous US $329-million National Broadband Network deal with China’s ZTE Corp.

Sen. Richard Gordon, head of the Committee on Public Accountability of Public Officers and Investigations, released a 13-page report with President Arroyo on top of its list of prominent personalities involved in the anomalous cancelled deal.

The report, recognizing the President immunity from suit, directed the Ombudsman to investigate her liability and make findings and transmit this to the House of Representatives for the President’s impeachment should it be warranted.

“The Ombudsman is wrong in merely dismissing the case against the President on the mere pretext of presidential immunity from suit,” the report said.

“It is the duty of the Ombudsman to investigate impeachable officers. No exemption is provided in Sec. 22. What the Office should have done was to investigate and make findings for transmittal to the House if an impeachment would have been warranted, rather than a blanket statement or exculpation because of supposed immunity,”

“It is not for the Ombudsman to make a ruling as to immunity, but for the House to decide what to do once it receives the transmittal. Neither was it for the Ombudsman to say that there is no more impeachment process to be had because of the one-year ban,” the report stated.

Gordon has recommended the filing of graft and corruption charges namely against First Gentleman Jose Miguel Arroyo, former House Speaker Jose De Venecia, Jr. Former Commission on Elections Chairman Benjamin Abalos, Department of Transportation and Communications (DOTC) Secretary Leandro Mendoza, Assistant Secretaries Elmer Soneja and Lorenzo Formoso, and Former National Economic and Development Authority Secretary Romulo Neri.

The committee also did not spare De Venecia’s son businessman Jose “Joey” De Venecia III and whistle blower Engineer Noel Rodolfo “Jun” Lozada, Jr. from the charge list.

Deputy Executive Secretary Manuel Huberto Gaite and Environment Secretary Jose “Lito” Atienza, Jr. were charged for violation of Article 150 of the Revised Penal Code.

In charging Mr. Arroyo, the committee took note of the First Couple’s and the former House Speaker’s trip to Shenzen, China for a game of golf with ZTE officials and lunching with its officials at the ZTE headquarters.

It also noted De Venecia III’s March 2007 testimony that the First Gentleman shouted at him to “back off” from the broadband project at a reconciliatory meeting at the Wack-Wack Golf and Country Club which was hosted by Abalos.

“What is very important is the fact that his role seemed to be that of a ‘watering hole’. He was where people who are participants to the projects converged,” the committee report stated.

In its decision, the Committee rejected De Venecia’s claim of being a whistleblower saying that the businessman who holds Amsterdam Holdings which is pushing to capture the national broadband contract had had many opportunities to “blow the whistle, but did not.”

“He only started complaining when he did not get his way,” Gordon said.

Gordon said that in the middle of it all, is a President who was unable to control and discipline her own men as they fight over their kickbacks, keeping silent in the midst of the corruption “acquiescing and condoning the deed.”

“The facts pointing to her may not be total but the stink is perceived to have reached her office,” he said.

The NBN-ZTE contract was signed on April 20, 2007 in Hainan, China after Secretary Mendoza and ZTE Vice President Yu Yong signed the multi million contract for the Broadband project that is supposed to improve government communication capabilities.

The project, it was claimed, was originally a Build-Operate-Transfer (BOT) scheme but was eventually approved by President Arroyo to be a foreign loan.

The Senate called for an investigation of the deal after reports of irregularities in the deal and alleged “brokering” activities of Abalos emerged.

Following the emergence of anomalies in the deal, President Arroyo was forced to cancel it on Oct. 2007.

In July 2008, the Supreme Court dismissed three petitions questioning the Constitutionality of the national broadband deal, saying the petitions became moot after the cancellation of the project. [Hannah L. Torregoza]