Graft charges filed vs GMA

MANILA, Philippines - Pampanga Rep. Gloria Macapagal-Arroyo was charged with graft and a slew of other crimes before the Department of Justice (DOJ) yesterday, a day after stepping down from her nine-year presidency.

The charges arose from the alleged anomalies in the botched $329-million national broadband network (NBN) deal, which her administration signed with Chinese firm ZTE Corp.

In their complaint, Bayan Muna Representatives Teodoro Casiño and Neri Javier Colmenares accused Arroyo of

violating Republic Act 3019, the Anti-Graft and Corrupt Practices Act; RA 6713, Code of Conduct and Ethical Standards for Public Officials; RA 9184, Government Procurement Reform Act; and the Revised Penal Code.

Casiño said they filed the complaint with the DOJ because they don’t trust the Office of the Ombudsman.

“We want the DOJ to bring this case to the (Office of the) Ombudsman after conducting additional investigation that would strengthen the case,” he said.

“Now once the complaint is forwarded to the Ombudsman we believe that it would be strong already and could no longer be dismissed on petty grounds.”

However, they would eventually file the case with the anti-graft agency, he added.

Casiño said they are asking the DOJ to strengthen the case against Arroyo, not prosecute it.

“(It was a) test case that would guide other upcoming cases (against Arroyo),” he said.

They are banking on President Aquino’s promise in his inaugural address that all those who did wrong should face justice, Casiño said.

Bayan Muna accused Arroyo of inducing other public officials to approve ZTE’s contract for the NBN project despite the circumstances of bribery and other irregularities affecting it, including overpricing.

Arroyo was also accused of receiving material benefits from the ZTE contract and other material considerations.

Bayan Muna said Arroyo also neglected investigations on alleged anomalies in the ZTE contract.

“We allege that she had interest for personal gain in the NBN contract since she caused its approval and awarding to ZTE despite the bribery and other irregularities attending its execution,” Bayan Muna said.

Arroyo was also accused of exerting undue pressure on the Bids and Awards Committee to favorably endorse the NBN-ZTE project despite irregularities.

Bayan Muna also accused Arroyo of refraining from arresting or prosecuting all those involved in the corrupt acts arising from the NBN-ZTE project, in exchange for some offer, promise, gift or present.

Arroyo must be held be accountable for corruption of public officials, fraud against the public treasury and possession of prohibited interest by public officer, which are punishable under the Revised Penal Code, according to Bayan Muna.

Arroyo is no longer immune from suits, Casiño said.

No special panel

Meanwhile, Special Prosecutor Wendell Barreras-Sulit will not form a special panel to prosecute the graft cases against former elections chief Benjamin Abalos and Social Security System president Romulo Neri.

The task will be undertaken by the Office of the Special Prosecutor’s prosecution bureaus, which automatically take charge of cases raffled to the Fourth and Fifth Divisions of the Sandiganbayan.

Barreras-Sulit told The STAR lawyers from the prosecution bureaus “are competent enough” to handle the cases.

“Each can form its panel without help coming from the outside,” she said.

Deputy special prosecutors and directors are empowered to form panels within the prosecution bureaus, she added.

Barreras-Sulit said she trusts the capabilities of Bureau IV directors Rabrendanath Uy, Ireneo Paldeng, John Turalba and Victor Pascual.

“Of course, I will still be supervising. I trust our prosecutors, who are all hardworking,” she said.

The graft cases against Abalos and Neri were raffled to the Sandiganbayan’s Fourth and Fifth Divisions.

Both are charged with violating the Anti-Graft and Corrupt Practices Act for their alleged involvement in the botched $329-million NBN contract with ZTE Corp. of China.

Abalos is accused of brokering for the firm and offering Neri a bribe. Neri is accused of approving the allegedly anomalous and grossly overpriced deal despite knowing about supposed irregularities.

Abalos and Neri will be arraigned on July 20 and July 16. They have already posted bail.   - Michael Punongbayan