Ani, Moreno both claim victory

Unwilling to yield to the other the edge in their war of attrition, both Ombudsman Aniano Desierto and Misamis Oriental Rep. Oscar Moreno are claiming victory in the Sandiganbayan ruling yesterday reinstating the 62 tax credit scam cases.

"It is a vindication on my part," said Desierto in a statement. "(Now) the public will know and understand that the prosecution had not bungled the cases, contrary to the theme of the second impeachment complaint filed against me by my self-proclaimed detractors."

Moreno, on the other hand, said the decision has proved him right — that the Ombudsman has been deliberately bungling those cases to favor the accused. "If the court has not castigated Desierto and his ilk, we could have kissed those cases goodbye and Desierto would be more than glad for their dismissal," he said.

In a six-page resolution written by Associate Justice Nicodemo Ferrer, a member of the anti-graft court special division of five, the Sandiganbayan voted to reinstate the 62 criminal cases, reversing its earlier decision in August 2001 dismissing the cases due to the Ombudsman’s delay in resolving its reinvestigations.

The 62 cases were part of the 175 criminal cases against former Finance Undersecretary Antonio Belicena and several other people involving the anomalous issuance of tax credit certificates worth some P690 million to various export companies, and which were transferred to Petron Corp. which used the TCCs to pay its taxes.

The cases were cited by Moreno in the filing of the second impeachment complaint for alleged corruption against Desierto at the House of Representatives. He charged that Desierto and his "cohorts" bungled the case by excluding the former president of Petron Corp.

Moreno said Desierto should not claim credit for the anti-graft court’s decision. "We should realize that the Sandiganbayan has made the reversal in spite of Desierto’s deliberate bungling of those cases," he said.

In its decision the other day, the court division asked the prosecutors to explain why they have not resolved the cases "for more than a year now."

But Desierto noted in his statement that the court also said that the delay attributed to the prosecution has not been shown to be "vexatious, capricious and oppressive" and that considering the nature and importance of the cases, if there is any prejudice that may have resulted (from) the series of postponements, "it would be more against the government than against any of the accused."

The court gave the Office of the Ombudsman a second chance to prove its case as it scheduled the arraignment of all the accused and the pre-trial of the cases on Feb. 25 and 28 at 8:30 am.

Aside from Ferrer, those who concurred in favor of the revival of the 62 cases against Belicena were Associate Justices Rodolfo Palattao and Catalino Castañeda. Associate Justices Narciso Nario and Raoul Victorino dissented.

Aside from Belicena, other Department of Finance (DoF) officials charged in the case were Uldarico Andutan Jr., deputy executive director of the One Stop Shop Inter-Agency tax credit and drawback center; Asuncion Magdaet, OIC tectile division and reviewer; and Gemma Ortiz, evaluator.

In the Aug. 20, 2001 hearing, Nario ruled that the court could not proceed with the arraignment of the accused and ordered the dismissal of the 62 tax credit cases, citing the failure of the prosecution to submit the findings of its investigation within the 60-day period prescribed by the court.

The Ombudsman said that the 60-day period was "awkward, if not downright impossible," explaining that "there were numerous accused in the 62 cases who filed 17 separate motions for reinvestigations, one after the other, the last four of which came in June and July 2001. By simple computation, most of the motions for reinvestigation were still forthcoming at the time the initial 60 days expired."

Desierto said that "the truth can never be hidden no matter how my persecutors try hard to put me down. God and my clear conscience will guide me through in this fight."

His arch-foe Moreno, however, was not convinced. He insisted that Desierto should now "take a leave."

He also reiterated his appeal for President Arroyo to take an interest in the tax credit fraud involving billions in lost tax money.

He urged her to deputize other capable government lawyers to hand the scam cases since the Office of the Ombudsman "is now suffering a crisis of confidence."

Meanwhile, the leader of the opposition in the House has joined the growing ranks of Desierto critics.

On Tuesday night, for nearly two hours, Minority Leader Carlos Padilla (LDP, Nueva Vizcaya) criticized the report of the justice committee recommending the dismissal of the first impeachment complaint filed against Desierto by lawyer Ernesto Francisco for lack of substance.

Francisco has accused the Ombudsman of receiving P235,000 worth of video equipment from Bank of Southeast Asia and P500,000 in cash from bank owner Luke Roxas. Desierto has denied the accusations. — Delon Porcalla, Jess Diaz, Jose Rodel Clapano