GMA asks SC to stop trial of plunder case

MANILA, Philippines - Former President Gloria Macapagal-Arroyo has asked the Supreme Court to stop the Sandiganbayan from trying the plunder case against her for alleged misuse of P366 million in Philippine Charity Sweepstakes Office (PCSO) funds on grounds that the disbursements had the approval of the Commission on Audit (COA).

Through her lawyer, Anacleto Diaz, Arroyo said the Office of the Ombudsman cannot overturn a COA finding that the disbursements of the confidential and intelligence funds are “lawful, necessary, regular and compliant with the rules.”

The COA had duly audited the disbursements and found them compliant with COA Circular 2003-002, she added.

Ombudsman Conchita Carpio-Morales had filed plunder charges against Arroyo, former PCSO officials, including general manager Rosario Uriarte, Benigno Aguas, Sergio Valencia, Manuel Morato, Ray Roquero, Jose Taruc V and Ma. Fatima Valdez; former COA chairman Reynaldo Villar, and former COA director Nilda Plaras.

Diaz said the COA is the independent constitutional body with the exclusive authority to promulgate and enforce accounting and auditing rules and regulations, including those for the prevention and disallowance and disallowance of irregular, unnecessary, excessive, extravagant or unconscionable expenditures or uses of government funds and properties.

“No tribunal or agency should override or supplant the determination made by the COA regarding the CIFs of the PCSO, which was within the exclusive competency and expertise of the COA (as) it is well-settled that administrative decisions of agencies on matters within their jurisdiction are entitled to respect and can only be set aside on proof of grave abuse of discretion, fraud or error of law,” he said.

“If the COA itself approved and certified as lawful, necessary, regular, compliant and aboveboard the disbursement and liquidation of the CIFs submitted by the PCSO, then the conclusion reached by the respondent Ombudsman that the crime of plunder has been committed by the petitioner GMA (Arroyo’s initials) and her co-accused as to the PCSO CIFs was clearly devoid of factual and legal basis.”

Diaz said the Office of the Ombudsman obviously has no case against Arroyo and her co-accused.

“Evidently, absent any concrete and tangible basis to support the finding of the alleged conspiracy to commit plunder charged against petitioner GMA and her co-accused, the questioned Resolutions of the respondent Ombudsman finding probable cause against petitioner GMA and her co-accused are nothing but mere uncorroborated speculations or suspicions predicated on loose, vague, and doubtful basis of fact,” he said.

Diaz said the first resolution of the Office of the Ombudsman had dismissed the plunder charge against Arroyo and her accused.

However, a second panel of investigators that Morales had constituted overturned the first resolution, he added.