Sandigan orders Ombudsman to finish probe on helicopter scam

MANILA, Philippines - The Sandiganbayan yesterday ordered the Ombudsman to finish its preliminary investigation on the 2009 purchase of overpriced second-hand helicopters by the Philippine National Police (PNP).

Associate Justice Teresita Diaz-Baldos, chair of the anti-graft court’s Second Division, allowed the motion of former first gentleman Jose Miguel Arroyo urging the Sandiganbayan to finish its preliminary investigation first because of the respondent’s motion for reconsideration that should be resolved before trial can proceed.

Arroyo questioned the Ombudsman’s act of filing the case against him on June 6 based on a resolution dated May 30, a copy of which he claimed he did not receive until June 11.

With the Sandiganbayan ruling, the complaint will be put on hold in order to allow the respondent to appeal the decision that found probable cause to indict Arroyo.

The Ombudsman’s Office of the Special Prosecutor (OSP), on the other hand, clarified Arroyo is not being stripped of his right to appeal the decision.

The OSP said the filing of the complaint in court does not bar Arroyo from pursuing a motion for reconsideration.

However, the Ombudsman stressed that an appeal should be filed within the five-day period allowed under Rule 2 Section 2 of the Rules of Procedure.

“The opportunity for them to file their motion for reconsideration has always been granted, subject to the five-day period within which to file the same,” OSP spokesperson Faye Singson said.

Singson, however, stressed the filing of an appeal “is not a natural right, nor a part of due process” contrary to Arroyo’s claims in his motion asking the Sandiganbayan Second Division to remand the case back to the Office of the Ombudsman.

“It is merely a statutory privilege, which may be exercised only in the manner and in accordance with the provisions of law,” Singson explained.

“The party who seeks to avail of the same must comply with the requirements of the rules. Failing to do so, then the right to file a motion for reconsideration is totally lost,” she said.

Arroyo is among the two dozen other respondents facing charges of graft over the sale of second-hand helicopters to the PNP that he allegedly passed off as brand new.

Also charged is former PNP chief Jesus Verzosa.

Arroyo is also facing a separate graft case for his alleged involvement in the national broadband network (NBN) deal anomaly before the Sandiganbayan Fourth Division.

Asked yesterday how his wife, former President and now Pampanga Rep. Gloria Macapagal-Arroyo is doing, he said she is in pain and is not eating.

“She’s undergoing therapy everyday, I think twice a day,” he said.

The former president is under hospital arrest at the Veterans Memorial Medical Center (VMMC) facing charges of poll sabotage before the Pasay City court.