The National Bureau of Investigation (NBI) urged Sen. Alan Peter Cayetano to present pieces of evidence that would clear things up on the allegations of irregularities in the construction of sports complex at the New Clark City in Tarlac.

For the NBI, this is the better and logical choice instead of doing a live stream or engaging in insults.

But whether or not Cayetano would heed its call or continue with insults in his regular Facebook live, the NBI said it will be undeterred in ferreting out in relation to the billions of pesos worth of sports facilities that were used during the 2019 Southeast Asian Games.

“The inquiry into the conduct and financing of the 2019 Southeast Asian Games was opened for a single reason: billions in public funds appear to have been disbursed outside the ordinary safeguards of competitive bidding and government audit, and the Filipino people are entitled to know how their money was spent,” the NB statement said after Cayetano referred to its director Melvin Matibag as a minion.

“That question stands regardless of who asks it or who is discomfited by it,” it added.

Last week, Matibag announced that they will be conducting investigation into the sports facilities at New Clark City after they obtained information and documents on the alleged irregularities.

The more than P10 billion sports facilities were constructed by a foreign firm and Matibag said the information they received was that there was no bidding that happened and the payment was done through budget insertions at the General Appropriations Act.

Cayetano denied the allegation and questioned the timing of the probe—in the middle of the impeachment hearing of Vice President Sara Duterte.

On Saturday, Cayetano lashed out anew at Matibag in his Facebook live and the NBI said the statements included insults to Matibag.

In response, the NBI said the loudest objections to an audit seldom come "from those with nothing to account for."

"When a position cannot be defended with facts, it is often defended with insults. The Bureau reads the Senator’s choice of words in exactly that light - and proceeds undeterred,” the NBI statement said in response.

“The NBI’s inquiry is impartial, evidence-based, and grounded squarely in its mandate under the law. It presumes no one guilty and exempts no one from scrutiny. We invite anyone with knowledge of the matter — the Senator included — to bring their evidence to the Bureau, and not to a livestream,” it added.

Legal issue

On Monday, July 20, Matibag said the current focus on the probe is the legality of the appointment of Cayetano then as chairman of the During that time, Cayetano was the chairman of the Philippine Southeast Asian Games Organizing Committee (PHISGOC) which oversaw the country’s hosting of the SEA Games.

For Matibag, Cayetano’s appointment is questionable since no person is appointed as chairman if he is not a member of the board that he would head. He said corporate managers and lawyers are fully aware of this.

“How can you become a chairman if you are not a member of the board?,” Matibag told reporters in an interview.

“And second, if you acted as a chairman but you are not a chairman then that is ultra vires, acting outside of the scope,” he added.

Ultra vires is a legal phrase meaning "beyond the powers” and describes actions taken by a corporation, government agency, or official that exceed the scope of authority granted to them by law, a corporate charter, or foundational documents.

Matibag said these are the two legal issues that the NBI will focus on.

Summons

At least three members of the PHISGOC are expected to be summoned to shed light on the matter.

Asked if Cayetano too would be summoned, Matibag said it depends on the testimony of those they would invite.

“As we speak, there are people who want to testify. So if his (Cayetano) name is mentioned, then he needs to be invited to shed light on the investigation,” said Matibag.