Ombudsman to SC: Reverse acquittal of Gloria Arroyo

MANILA, Philippines – The Office of the Ombudsman filed a motion for reconsideration with the Supreme Court asking for a reversal of its decision to acquit former president Gloria Macapagal-Arroyo of plunder charges.

By a vote of 11-4 on July 19, the High Tribunal annulled the criminal case of Arroyo, citing “insufficiency of evidence” pertaining to charges she misused intelligence funds of the state-run Philippine Charity Sweepstakes Office (PCSO).

Ombudsman Conchita Carpio Morales argued that the plunder charges have strong legal and factual basis. The motion for reconsideration said “the prosecution was able to prove that P365,997,915.00 was repeatedly pilfered by the accused, in conspiracy with each other, from the Confidential and Intelligence Fund (CIF) of the PCSO from 2008 to 2010.”

A press statement from the Office of the Ombudsman also said that documents presented by prosecutors were able to show that “the CIF was heavily increased by infusions under the written directive of Arroyo; and the amount of P365,997,915.00 withdrawn was actually received by ex-PCSO officials Rosario Uriarte and Sergio Valencia.”

Uriarte was former PCSO general manager, while Valencia was former PCSO chairman.

Morales said the Supreme Court failed to strictly scrutinize the “irregularity-riddled CIF disbursement and liquidation processes” implemented by the PCSO officers, even if this led to the “unbridled pilferage of public funds amounting to P365,997,915.00.”

Two SC justices – Chief Justice Maria Lourdes Sereno and Associate Justice Marvic Leonen – dissented from the majority opinion on the plunder case against Arroyo, and asserted conspiracy was established by the prosecution. Senior Associate Justice Antonio Carpio and Associate Justice Benjamin Caguioa also voted against Arroyo.

Fugitive from justice

Uriarte, Morales pointed out, remains at-large and is a fugitive from justice. Recipient of the bulk of the intelligence funds that are still unaccounted for, she continues to “evade arrest” and “without reasonable justification, refuses to return to the country and/or surrender to the authorities to face the charges against her.”

The prosecution presented 600 documentary exhibits and testimonies from at least 10 witnesses from PCSO and other law enforcement agencies. It also submitted at least 40 folders of case records, all proving that the accused, in conspiracy with each other, committed plunder.

Plunder charges were filed by the Office of the Ombudsman with the Sandiganbayan on July 16, 2012 against Arroyo and 9 other co-accused. They were charged with conspiring to amass, accumulate, and acquire ill-gotten wealth amounting to almost P366 million through a combination or series of acts from 2008 to 2010.

A plunder charge requires a minimum of P50 million in ill-gotten wealth and is punishable by reclusion perpetua to death.

Those accused were charged with diverting funds from the PCSO’s operating budget to its CIF and then converting, misusing and illegally transferring the sums to themselves for personal gain. They were also accused of taking advantage of their official positions and authority to unjustly enrich themselves.

The statement from the Office of the Ombudsman also said that the former president was complicit in the whole scheme to raid the PCSO coffers. Proof of this is her dealing directly with PCSO and her supervision of the agency herself. – Rappler.com