MANILA, Philippines - The Office of the Ombudsman stood firm on its decision to file a plunder complaint against former President and now Pampanga Rep. Gloria Macapagal-Arroyo, even though the Sandiganbayan did not issue an arrest warrant against the accused regarding alleged misuse of Philippine Charity Sweepstakes Office (PCSO) funds.
Officials said Ombudsman Conchita Carpio-Morales simply exercised her prerogative to review the findings of the anti-graft agency’s probers and modify the graft and technical malversation charges earlier recommended by a panel of prosecutors and graft investigators who handled the preliminary investigation.
Without confirming or denying The STAR’s report that Ombudsman lawyers did not find enough evidence to charge Arroyo with plunder before the Sandiganbayan, Assistant Special Prosecutor III Faye Singson said the Office of the Ombudsman has the discretion on what cases to file in court.
“The Office of the Ombudsman not only has a lot of discretion regarding whether or not to file, but also regarding which of many possible crimes a person should be charged with,” she explained. Singson, spokesperson for the Office of the Special Prosecutor (OSP) that handles cases against high-ranking government officials filed before the Sandiganbayan, said the anti-graft agency could exercise such prosecutorial discretion “for as long as they believe that they can prove the guilt of the accused beyond reasonable doubt.”
Morales directed the filing of a plunder case against Arroyo along with nine other former PCSO and Commission on Audit (COA) officials last month.
This means that the review found sufficient basis to charge the respondents with a higher offense, based on a Review Joint Resolution.
Sources said that the original panel formed to investigate the PCSO fund misuse only found basis to file graft and technical malversation charges against the accused.
Morales, however, ordered a review which led to the upgrading of the charges to plunder, a non-bailable offense that accuses Arroyo and other respondents of amassing, acquiring, and/or accumulating ill-gotten wealth in the amount of P365.9 million.
Sandiganbayan sources said there is technically nothing wrong with reviewing or amending the original joint resolution that found probable cause to indict the former president for lesser offenses.
They said Morales has the final decision on what case should be filed before the anti-graft court.
Sources said the original decision that was reviewed and modified should still form part of the records of the preliminary investigation which should be referred to as the ruling that was reviewed and changed.
Even the OSP was allegedly not provided with a copy of the panel’s original findings.
The STAR asked for a copy of the document and was told that it is not available.
The Office of the Ombudsman’s central office did not issue a statement on the matter.
The plunder case against Arroyo was filed before the Sandiganbayan on July 16 and was later raffled to the First Division chaired by Associate Justice Efren de la Cruz. – With Sheila Crisostomo, Christina Mendez