EDITORIAL - Case dismissed

Was the evidence weak, or were the cases bungled by the prosecution? Last week former President Gloria Macapagal-Arroyo scored a fourth legal victory, after the Office of the Ombudsman, citing lack of evidence, cleared her of graft charges in connection with the P728-million fertilizer fund scam.

Arroyo, now a congresswoman representing Pampanga’s second district, was previously cleared of involvement in a P1-billion dam and sky bridge project in Camarines Sur, the failure to collect P72 million in capital gains tax from the 2007 sale of the old Iloilo Airport, and in the alleged misuse of P530 million allocated for the Overseas Workers’ Welfare Administration.

Now only one complaint is left for Arroyo to hurdle: a plunder charge for the alleged misuse of Philippine Charity Sweepstakes Office funds. The plunder complaint has kept Arroyo in hospital detention without bail. But if rumors prove accurate about one of the reasons for the resignation of Margarita Juico as PCSO chairman, Arroyo may also be cleared in this case.

A slew of corruption scandals rocked the Arroyo administration, but so far prosecutors have failed to establish that the crooked deals could be traced all the way to the presidency. Former first gentleman Jose Miguel Arroyo faces separate corruption charges in connection with cases such as the purchase of second-hand helicopters by the Philippine National Police. Investigation and prosecution, however, are crawling as usual at snail’s pace.

President Aquino has made no secret of his wish to see a big fish convicted and sent to prison for corruption under his daang matuwid administration. This objective is not easy to achieve. Securing a conviction requires solid evidence to establish guilt beyond reasonable doubt. This entails a considerable amount of resources and painstaking sleuthing, as in the successful prosecution of Joseph Estrada for plunder during his aborted presidency.

The big fish accused of plunder can also afford top lawyers and are expected to wage a strong legal fight to avoid conviction and life in prison. If the charges against them fail to stick, the Aquino administration opens itself to accusations of political persecution. And if no one ends up behind bars for plunder, it is likely to reinforce impunity in committing more corruption.