House probe: Roque ‘effectively’ lawyered for POGO

Harry Roque, a former human rights lawyer and spokesperson of former president Rodrigo Duterte, would recite a bunch of legal terms in one breath, and would often say that had he been a lawyer for the Lucky South 99 POGO (Philippine offshore gaming operator), he would have easily quashed the search warrant against it.

But he would also say, with so much legalese, that he is, and never was, a lawyer for the POGO.

“Roque was lawyering for Whirlwind company, but the effect, the implication of lawyering for this company, will in effect benefit Lucky South 99,” said Lanao del Sur 1st District Representative Zia Alonto Adiong.

Here’s what we know because Roque confirmed it himself.

He was hired as a lawyer for real estate firm Whirlwind for an ongoing ejectment case. Whirlwind leased its land in Porac, Pampanga to Lucky South 99, the erstwhile POGO found to have trafficked and tortured workers. He was hired for Whirlwind by Katherine Cassandra “Cassy” Li Ong, who is Lucky South’s representative to regulator Philippine Amusement and Gaming Corporation (Pagcor).

Most importantly, Roque also admits to accompanying Ong to a meeting with Pagcor over Lucky South’s remittances. In that meeting, Ong explained to Pagcor that their consultant, Dennis Cunanan, had run away with the remittances. Cunanan denies this.

Roque’s best defense is this: No paper, no contract, no anything establishes a lawyer-client relationship between him and Lucky South. (There is a Lucky South organizational chart that names him as a legal representative, but he says he has “no idea why” his name was there.)

“Wala po akong attorney-client relationship sa kahit sino na shareholder or officer ng Lucky South (I do not have an attorney-client relationship with any shareholder or officer of Lucky South),” Roque told the House committee investigating POGOs on Wednesday, July 31.

Roque would cockily go with this explanation for hours, as he did with the Senate days earlier, until Batangas 2nd District Representative Gerville Luistro found a “gotcha” Supreme Court case.

“I wish to share to the committee the case of Eusebio Sison vs Atty. Lourdes Dumlao, this is A.C. 11959, April 28, 2021, if I may quote, ‘a lawyer-client relationship is established when lawyers consistently manifest to a person consulting them that they would provide legal representation or assistance regardless of the close ties between the parties or the lack of written contract, or the non-payment of legal fees.’ It is very clear, Mr. Chair, that from the definition of a lawyer-client relationship, kahit walang kontrata, kahit walang payment of legal fees (even though there is no contract, even though there is no payment of legal fees), the moment the client starts seeking advice and the lawyer starts giving advice, a client-attorney relationship is created,” said Luistro.

That case, a resolution by the Supreme Court Third Division, further says: “If a person, in respect to business affairs or troubles of any kind, consults a lawyer with a view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces with the consultation, then the professional employment is established.”

Roque made 5-6 calls to ask about Lucky South documents

Because not only did Roque set the meeting with Pagcor chief Alejandro Tengco so Ong could discuss Lucky South’s business, particularly the non-payment of regulatory fees, the former Palace executive also repeatedly made calls to a Pagcor executive on behalf of Ong. And nowhere in those calls was Whirlwind, Roque’s client, mentioned, said Pagcor’s assistant vice president for offshore gaming Jessa Fernandez.

“Around 5-6 calls, but I missed two….. [Roque] was asking if there are any more lacking documents by Lucky South,” Fernandez said.

“So [the call] is about the new accreditation of Lucky South?” Bukidnon 2nd District Representative Jonathan Keith Flores asked.

“Yes, for the ongoing application of Lucky South for an Internet Gaming License (IGL),” said Fernandez.

“No discussions were made as far as Whirlwind is concerned?” Flores asked.

“None, because Whirlwind does not have any relationship, accreditation, or contractual relationship with Pagcor,” said Fernandez.

Roque maintained that what he did was not a consultation for Lucky South, but just a consultation for Ong. To repeat, Ong is a representative of Lucky South. That is established by Pagcor documents, seen by Rappler, and established by Pagcor officials who had discussions with her.

But Roque would have you believe that Ong represented Lucky South only because Cunanan allegedly bungled their Pagcor application. And Ong, as the lessee from Whirlwind, had to step in because if Lucky South loses business, Whirlwind loses business, too.

“Siguro naman maiintindihan ninyo na kapag may nangyari sa umuupa sa iyong property, na wala namang ibang purpose kundi para sa POGO, mawawalan ka ng kita,” said Roque.

(Maybe you’d understand the fact that if something happens to the one renting your property, which has no other purpose than for POGO, you will lose profit.)

But Ong could not clarify any of these because she couldn’t be found. She is reportedly in Singapore.

Influence-peddling?

As Senator Risa Hontiveros put it, “Ayaw ‘nyo mang aminin na abogado kayo ng POGO, malinaw na abogado kayo ng taga-areglo ng POGO.” (While you may not want to admit that you’re a lawyer for a POGO, it is clear that you are a lawyer for a POGO fixer.)

At the very least, it can be influence-peddling.

“Naniniwala ba kayo dun sa tinatawag nating political influence?” Manila 6th District Representative Bienvenido Abante asked.

Roque said he and Tengco do not know each other. “But you are a known personality, alam natin ‘yan (we know that). You’re nationally known, I’m sure pag pupunta kayo sa meeting, I’m sure ‘yung kausap ‘nyo po ay magtatanong, bakit kayo nandun?” Adiong said. (I’m sure if you go to a meeting, I’m sure the person you’re talking to would ask why you’re there.)

The house in Tuba, Benguet

Roque would also deny that he owns the home in Tuba, Benguet where Immigration agents caught a person carrying a Cambodian passport, who turned out to be a Chinese national wanted for fraud over internet P2P business. The Bureau of Immigration was acting on intelligence that a house occupant was linked to the POGO in Bamban, Tarlac.

Roque repeatedly said that the house is owned by a company and by law, a juridical entity is distinct from the human person. Why does he have to make that distinction? Because he has “an interest” in the company.

The house is owned by a company called PH2. PH2 is owned by Biancham Holdings. Roque owns Biancham Holdings, and on his way to owning PH2 in whole. “In fact, in the near future, I am concluding a transaction na kukunin ko ‘yung buong korporasyon na may-ari ng bahay na yan (where I will acquire the whole corporation who owns that house),” Roque told the Senate.

PH2 owns the house on paper. At the time when the Chinese fugitive was caught, the house was being rented by a Chinese woman. Roque said this means he was not in possession of the house. But does he consider it his house? “Hindi ko naman po tinatanggi ‘yan (I do not deny it),” said Roque.

“Sila po ay mapursigi na gusto nilang umupa. Noong una, ako po ay ayaw ko talaga, kasi gustong-gusto ko po ‘yung bahay ko, at palagi ako sa lugar na ‘yun. Pero nagpumilit,” said Roque.

(They were persistent in renting the house. At first, I didn’t want to because I really like my house, and I’m always there. But they insisted.)

Their renter, it turns out, is in a relationship with the Chinese fugitive.

Why is Roque in such close proximity to shady foreigners with suspected links to POGOs?

We may soon find out.

“With this development, we will include former spokesperson Harry Roque in our investigation,” said Presidential Anti-Organized Crime Commission (PAOCC) chief Gilbert Cruz. – Rappler.com