Arroyos may still face plunder raps: lawmaker
Thursday, December 29, 2011
MANILA (Updated) — Former President Gloria Macapagal-Arroyo could still stand trial for plunder over the scrapped ZTE-National Broadband Network (NBN) deal despite the filing of a downgraded charge on Wednesday, a party-list lawmaker said.
The Office of the Ombudsman downgraded the second plunder case to graft charges against the former President when it filed the case before the anti-graft court Sandiganbayan in connection with the aborted $329-million broadband contract with ZTE Corp. Unlike plunder, graft is a bailable offense.
“We are somewhat disappointed that only graft charges were filed by the Ombudsman because we believe that the elements of plunder were met. At any rate, we can still file for a motion for reconsideration, a partial motion for reconsideration or we can file a separate plunder case altogether so that the current case can now progress,” said Bayan Muna party-list Representative Teodoro Casiño, complainant in a plunder charge against Pampanga Representative Arroyo.
The Ombudsman confirmed on Thursday that it charged Arroyo, her husband Jose Miguel Arroyo, and others for violating the anti-graft law and the code of conduct and ethics for public officials by entering into the NBN contract with Chinese firm ZTE Corp.
Assistant Ombudsman Asryman Rafanan said a five-person investigating panel recommended the criminal charges on December 23.
This was within the deadline that Ombudsman Conchita Carpio-Morales set for the panel to resolve a complaint filed by Casiño, former Gabriela party-list representative Liza Maza, and Bagong Alyansang Makabayan chair Maria Carolina Pagaduan-Araullo.
The former President is accused of entering into a contract disadvantageous to the government and for allegedly receiving “directly or indirectly, any gift, gratuity, or favor” so the deal would go through. The Code of Conduct and Ethical Standards prohibit this for public officials and employees.
Under the law, “interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.”
Also charged “for conspiring with GMA (Gloria Macapagal-Arroyo),” were former Transportation secretary Leandro Mendoza and former elections chief Benjamin Abalos.
The Ombudsman dismissed the plunder charge and two other graft charges against Mendoza and the Arroyos for lack of evidence.
Also dismissed were criminal charges against Mike Arroyo for allegedly taking part in the deal, despite prohibitions in the anti-graft law.
Rafanan said since Mike Arroyo is a private citizen, the Ombudsman has no jurisdiction over him.
He said complainants may seek other avenues, but that Ombudsman Carpio-Morales did not refer the charges to any government agency.
The charges, first reported by news website Rappler.com, were filed quietly, Rafanan said, but not in secret.
“The (Office of the) Ombudsman did its job. We did not want to release anything until it was final,” he said.
The Sandiganbayan disclosed on Thursday morning the filing of charges, but the Ombudsman had been mum on the matter until that afternoon.
Arroyo spokesperson Elena Bautista-Horn reserved her comment until they see the documents.
Arroyo is temporarily held at the presidential suite of the Veterans Memorial Medical Center in Quezon City, while Abalos is detained at the Southern Police District headquarters in Fort Bonifacio in Taguig City.
Arroyo cancelled the multi-million dollar contract in October 2007, six months after she signed the deal with Chinese officials, due to the controversy that it had created.
Abalos resigned from his post as head of the poll body at the height of the issue. The controversy triggered court battles and congressional investigation.
The new graft cases against Arroyo are set for raffle on January 2.
http://www.sunstar.com.ph/manila/local-news/2011/12/29/arroyos-may-still-face-plunder-raps-lawmaker-197918
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