MANILA, Philippines - The Office of the Ombudsman has cleared President Arroyo and 14 other ranking government officials, including four Malacañang executives, on charges of obstruction of justice for allegedly trying to prevent whistleblower Rodolfo Noel Lozada Jr. from testifying before the Senate on the controversial national broadband network (NBN) deal in 2008.
The Ombudsman dismissed the allegations against Mrs. Arroyo, citing immunity from suit of the chief executive.
The Ombudsman also cleared former Executive Secretary Eduardo Ermita, Presidential Adviser for Special Concerns Remedios Poblador, Deputy Executive Secretary for Legal Manuel Gaite, and Consultant Marcelino Agana IV.
Lozada told The STAR in a text message that the Ombudsman was “vaccinating” the President with immunity since “they are aware that the NBN-ZTE deal is the Achilles heel” of Mrs. Arroyo.
The criminal and administrative complaint filed by Sen. Jamby Madrigal against former National Economic and Development Authority (NEDA) director general Romulo Neri, Environment Secretary Jose Atienza, and former presidential chief of staff Michael Defensor were also dismissed.
The Ombudsman also junked charges of obstruction of justice against former Philippine National Police (PNP) chief Avelino Razon Jr., Manila International Airport Authority (MIAA) assistant general manager for security and emergency services Angel Atutubo, MIAA assistant general manager for operations Octavio Lina, Rodolfo Valeroso of the Aviation Security Group (ASG), Police Security and Protection Office (PSPO) director Romeo Hilomen, Paul Macaranas also of the PSPO, and lawyer Antonio Bautista.
In an 81-page Joint Resolution, the panel of investigators led by Deputy Ombudsman for the Military and other Law Enforcement Offices Emilio A. Gonzalez III said the complaint against President Arroyo that she masterminded the abduction of Lozada to prevent him from testifying before the Senate inquiry was “dismissed outright for lack of jurisdiction.”
The panel said the disciplinary authority of the Office of the Ombudsman, under Section 21 of Republic Act 6770, does not extend to impeachable officials.
The Ombudsman said President Arroyo enjoys immunity from suit, which means that she “may not be sued in any civil or criminal case.”
As for the other respondents, the Ombudsman ruled Lozada was “not prevented” from reporting the commission of an offense or the identity of any offender because by his own admission, “he feared appearing at the Senate.”
The Ombudsman said Lozada even hesitated to appear and testify before the Senate inquiry in fearing for his safety.
“Hence, contrary to the accusation that Lozada was being prevented from attending the Senate hearings, it was in fact Lozada himself who was unwilling to go to the Senate,” the Ombudsman said.
The ruling also stated that there is no evidence on record that Atienza, Valeroso, Atutubo, and Lina had threatened Lozada to prevent him from appearing in any proceeding or investigation in criminal cases.
The resolution was approved by Overall Deputy Ombudsman Orlando Casimiro since Ombudsman Merceditas Gutierrez inhibited from handling the complaint.
The Ombudsman also cleared all of the respondents on charges of disturbance of proceedings charges under Article 144 of the Revised Penal Code and violation of the Code of Conduct and Ethical Standards for Public Officials and Employees for lack of probable cause.
The Ombudsman said Madrigal had failed to present substantial evidence to establish any administrative liability on the part of the officials.
The Ombudsman said the investigation of the case did not cover the allegations that Lozada was kidnapped, including charges of attempted murder to permanently silence him from testifying.
They said the allegations had been the subject of a complaint filed before the Department of Justice (DOJ).
Madrigal accused President Arroyo and the other respondents of allegedly preventing Lozada from appearing before the Senate probe.
Lozada, a former government consultant of the NBN project, revealed before the Senate inquiry the irregularities surrounding the $329-million contract with the Chinese telecommunications firm ZTE Corp. in September 2007.
Lozada was initially invited to attend the Senate inquiry but after he failed to appear, an order to arrest was eventually issued against him and Neri.
Lozada was taken into police custody after arriving from Hong Kong, in what officials said was a move to protect his life.
He was later released and told a news conference that former elections chief Benjamin Abalos allegedly acted as a broker for the contract that was overpriced by as much as $130 million.
Lozada had emerged as a key witness in the scandal that exploded in 2008 when President Arroyo’s husband, First Gentleman Mike Arroyo, was implicated in the scandal.
Jose de Venecia III, a losing bidder in the NBN contract, later blew the whistle on the deal, and claimed Mr. Arroyo tried to prevent him from entering into the deal with ZTE.
He claimed Abalos even offered him $10 million just to back off.
Last week, the Ombudsman cleared Mr. Arroyo over the allegations but ordered the filing of graft charges against Neri and Abalos for their alleged involvement in the anomaly.
Malacañang officials, including Chief Presidential Legal Counsel Raoul Victorino, refused to comment on the dismissal of the case.
Only deputy presidential spokesman Gary Olivar made a short comment saying, “We defer to the discretion of the Ombudsman on this matter.” –With Paolo Romero, Aurea Calica, Jose Rodel Clapano