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GMA co-accused in plunder case seeks SC relief

Edu Punay - The Philippine Star

MANILA, Philippines - One of the co-accused in the P365.9-million plunder case before the Sandiganbayan involving the alleged misuse of Philippine Charity Sweepstakes Office (PCSO) funds has sought relief from the Supreme Court (SC).

Former PCSO board member Jose Taruc V filed on Thursday a petition before the SC seeking to stop his indictment in the case.

Taruc reportedly fled to the United States to evade arrest. He was among those accused, along with former President Gloria Macapagal-Arroyo and several others, in the alleged misuse of PCSO funds.

Taruc urged the SC to issue a temporary restraining order (TRO) enjoining the Sandiganbayan and Office of the Ombudsman from enforcing the warrant for his arrest and also a writ of preliminary injunction stopping the trial of the plunder case against him.

In his 41-page petition for certiorari and prohibition, Taruc argued the Ombudsman office committed grave abuse of discretion by “ignoring its factual findings that petitioner did not benefit the least from the public funds in question.”

He said the Ombudsman failed to present proof of criminal intent – an essential element in the crime of plunder.

“What petitioner would like to emphasize is the fact that the respondent office (Office of the Ombudsman) had, with gross unreasonableness, included the petitioner... as respondent in the plunder case notwithstanding its very specific findings that the locus of culpability lies with other respondents,” his petition stated.

Through his lawyers, Taruc questioned why he was included in the charge sheet when there was no proof in the preliminary investigation that he received any amount from the questioned funds. Taruc said he “never had control, custody or possession of the subject funds.”

He stressed the two other co-accused, Sergio Valencia and Rosario Uriarte, were the ones responsible for approving disbursement vouchers for the subject funds.

Taruc also pointed to the Office of the President, saying access and utilization of PCSO’s funds require presidential approval, not the PCSO Board’s action.

vuukle comment

FUNDS

JOSE TARUC V

OFFICE OF THE OMBUDSMAN

OFFICE OF THE PRESIDENT

PHILIPPINE CHARITY SWEEPSTAKES OFFICE

PRESIDENT GLORIA MACAPAGAL-ARROYO

SANDIGANBAYAN AND OFFICE OF THE OMBUDSMAN

SERGIO VALENCIA AND ROSARIO URIARTE

SUPREME COURT

TARUC

UNITED STATES

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