Based on documents obtained by this writer, Senators Alan Peter Cayetano and Antonio Trillanes 4th had obtained damning evidence since April showing that Vice President Jejomar Binay got kickbacks from the Makati City Hall Building 2 construction.
The eight-page notarized affidavit from a former insider of the Binay household now under the Department of Justice Witness Protection Program, also revealed the true owner of the Batangas agro-tourism development—and it’s not Binay.
Following their Instagram evidence featuring photos uploaded by the VP’s youngest daughter (name withheld due to her minor age), Cayetano and Trillanes are set to make public the incriminating testimony from the estranged pet dog of Makati’s power family.
The black-haired doberman, named NoyBi after the winning 2010 election tandem, ran away in March apparently in a jealous fit after the Binays got a cuddly French poodle. NoyBi was assisted in its declaration by celebrated dog whisperer Cesar Millan, who was in Manila in April.
The affidavit marked by the witness’s paws and attested by Millan states in part: “I, NoyBi, a Doberman pinscher breed of the species Canis lupus familiaris, do hereby make this declaration as translated into human English by Cesar Millan, a U.S.-certified professional dog whisperer, and affirm the following statements to be true . . .”
Trillanes suggested that NoyBi swear to tell the truth, the whole truth, and nothing but the truth. However, Cayetano, a lawyer, pointed out that there is no need for such an oath in executing affidavits. Public relations consultants also cautioned that putting a dog’s paws on the Bible may offend Christians.
Testimony on Binay-Hillmarc’s talk not hearsay
As interpreted by Millan from its barks, whines, winks, nods and gestures, the despondent canine said Binay had hosted executives of city hall builder Hillmarc’s Construction Corporation at the controversial Batangas estate. The doberman had indicated personages in its testimony by touching photographs with its left front paw.
The ex-pet recounted further that Binay and the Hillmarc’s bosses got drunk one night and laughed about how they jacked up the city hall cost and split the overprice of P1.57 billion— more than half the final construction expenditure.
NoyBi tapped Millan’s hand while his fingers were on a calculator pad, until the padded figure came out.
According to a source from one of the two senators staff, who spoke to this writer on condition of anonymity, the witness also recalled remarks by one Hillmarc’s engineer about overpriced toilet fixtures, with items usually costing between P5,000 and P7,500 purchased at 5-9 times the price.
However, the recollection also included comments about the Iloilo Convention Center, so the senators decided to exclude all statements attributed to the engineer, who might repeat the Iloilo comparison if interviewed by media or cross-examined in court.
Lawyers wondered if the dog’s testimony may be dismissed as hearsay. The senators assured them, however, that such rules of evidence did not apply in inquiries in aid of legislation. Or those in aid of election, for that matter.
Moreover, in the opinion of Justice Secretary Leila de Lima, the Rules of Court need not cover non-human witnesses, as long as they don’t incriminate members of the Liberal Party or its coalition allies.
The real Batangas estate owner
The kulay-mahirap doberman also helped establish without a doubt the size and real owners of the luxurious farm and resort in Rosario, Batangas.
NoyBi recalled that Binay came home past midnight at the height of the Senate hearings in early September, with a thick bunch of papers that smelled of hospital disinfectant and a particular air freshener brand combined.
Attracted by the unique mix of scents, the dog searched for the papers in Binay’s voluminous files, and pulled out some documents marked confidential, which it took away when it left the family.
The papers spirited away were a special power of attorney granted to Binay by a second signatory, with regard to the Batangas estate. An SPA empowers another party to conduct transactions on behalf of its issuer, including the sale of the latter’s assets.
The other signatory’s name was bitten off and the signature made illegible by canine saliva. Still, Cayetano and Trillanes were convinced that the SPA came from none other than former president Gloria Arroyo.
The senators came to this conclusion after NoyBi confirmed that the scents on the documents were the same as those on linens taken from Arroyo’s detention facility at the Veterans Memorial Medical Center.
However, the above-cited source from one of the senators’ offices disclosed that the olfactory testimony was flawed. As found by Millan, the witness indicated that the said lawmaker’s shoes also manifested the same scent, even if he claimed he had never visited the former president.
This portion of the testimony was struck out, however, after Millan was threatened with deportation and perpetual ban from entry to the country, plus a tax fraud investigation, if he did not delete the said finding. He was also warned that NoyBi would be put down if the affidavit did not implicate Arroyo and no one else.
A final portion of the affidavit claimed that the Binays tried to contact NoyBi after he went missing with the special power of attorney. Emissaries allegedly offered a condominium unit in the Fort, roughly valued at P10 million, plus a lifetime supply of wagyu meat in exchange for the pilfered papers and the dog’s silence. However, it declined for fear of being thrown from the sixth-floor apartment or fed poisoned steak.
NoyBi votes for Binay
The anonymous source also disclosed that NoyBi participated in a survey conducted by Paws Asia Social Critter Stations, which specializes in non-human subjects. In the poll, PASCS placed photographs of potential presidential candidates in front of randomly selected dogs, and recorded which ones they licked.
NoyBi consistently chose the Vice-President’s picture, even when those of President Benigno Aquino 3rd and Mar Roxas were rubbed in wagyu meat. Polling experts initially thought that the doberman was merely manifesting its loyalty to its former master. However, 73 percent of other canines also went for Binay.
The results, however, changed dramatically when pictures of rival candidates were darkened by computer enhancement to a special skin tone called Kulay Mahirap. Cosmetic consultants are now conducting extensive research and trials to develop a facial treatment that would replicate the attractive KM look.
The survey will be repeated once the darkening formula is perfected. insider incriminates VP