Sandigan junks GMA bail plea in PCSO case

MANILA, Philippines - The Sandiganbayan yesterday denied a petition for bail of former President Gloria Macapagal-Arroyo in connection with the P365.9-million plunder case filed against her for alleged involvement in the misuse of Philippine Charity Sweepstakes Office (PCSO) funds from 2008 to 2010.

The anti-graft court rejected Arroyo’s request for temporary liberty, citing evidence of alleged conspiracy between her and former PCSO general manager Rosario Uriarte, a co-accused in the plunder case who has yet to be arrested.

The charges against Arroyo stemmed from her approval of repeated requests for additional PCSO confidential and intelligence funds (CIF) during the last three years of her administration.

The Sandiganbayan said there is strong evidence of conspiracy as the former president approved the requests despite the absence of details on the purpose of the additional funds.

“The purposes stated in Uriarte’s letter-requests were basically the same for three years,” the ruling said, noting the oft-repeated reasons of unwarranted or unofficial use of ambulances, lotto and sweepstakes scams, and illegal gambling problems.

“Arroyo did not question Uriarte’s repetitive and simplistic bases for the requests, as she approved it unconditionally,” the Sandiganbayan said, adding her approval facilitated the cash advances and accumulation of CIF funds by Uriarte.

The anti-graft court said considering the amounts involved – P75 million in 2008, P90 million in 2009, and P150 million in 2010 – the former president should have sensed that something was wrong.

Aside from Arroyo’s petition, the Sandiganbayan also denied a similar plea filed by former PCSO budget and accounts manager Benigno Aguas, another respondent in the case.

Last June, the Sandiganbayan granted the petition for bail filed by former board chairman Sergio Valencia and former PCSO directors Manuel Morato and Raymundo Roquero due to the absence of strong evidence against them.

Arroyo’s lawyer Anacleto Diaz vowed to appeal the Sandiganbayan decision either by filing a petition for certiorari before the Supreme Court or a motion for reconsideration.

“It took the Sandiganbayan some time to resolve the motion for bail and that is good for us because it means that the anti-graft court had its doubts on whether there really is strong evidence,” Diaz said.

He said having more than one dissenter in the ruling was a good sign, as it would mean that at least two justices did not find strong evidence of guilt to deny bail.

Diaz had been arguing that the evidence presented by the Office of the Ombudsman failed to show that Arroyo received a single centavo from the CIF releases.

Of the five magistrates, First Division chairman Efren de la Cruz, presiding justice Amparo Cabotaje-Tang, and associate justice Rafael Lagos voted to deny bail, while associate justices Rodolfo Ponferrada and Jose Hernandez wanted to grant Arroyo’s petition.

In his dissenting opinion, Ponferrada said the respondents should be allowed bail as the prosecution failed to show strong evidence of guilt of the accused.

He said during the hearing for bail, the prosecution’s principal witness – PCSO board member Aleta Tolentino – failed to point the presence or whereabouts of the alleged ill-gotten wealth.

“On the contrary, there is evidence showing that the said amounts were spent or used for other non-PCSO related purposes, which although highly irregular, negates or, at the very least, creates doubt as to the existence of the offense of plunder,” he said.

Hernandez shared Ponferrada’s belief that Arroyo and Aguas should be granted bail as provided under the law on the rights of the accused to bail. – With Paolo Romero