Sandiganbayan junks graft case vs. ex-NEDA chief Neri 

The Sandiganbayan has dismissed the graft case against former National Economic and Development Authority (NEDA) chief Romulo Neri over the alleged overpriced national broadband network (NBN) project with China’s ZTE Corp. in 2007.

In a ruling promulgated September 9, the anti-graft court’s Special Fifth Division granted the demurrer to evidence filed by Neri to throw out the case filed against him in 2010.

Neri was charged with violating Section 3(h) of the Anti-Graft and Corrupt Practices Act for supposedly having financial or pecuniary interest in the project, which required his approval.

He was accused of showing undue interest in the deal because he frequently met with then-Commission on Elections chairperson Benjamin Abalos and ZTE officials over lunch and golf from 2006 to 2007, when the government was still evaluating the broadband project.

The NBN-ZTE deal issue was one of the biggest corruption scandals that rocked the administration of Gloria Macapagal-Arroyo, who was forced to cancel it after the alleged irregularities made the headlines.

Insufficient evidence

In dismissing the graft case against Neri, the Sandiganbayan said it found the prosecution’s evidence “insufficient to sustain the charges or justify a verdict of guilt.”

“The prosecution failed to discharge the burden of proving that accused Neri violated Section 3(h) of the Republic Act 3019 by proof beyond reasonable doubt for its failure to satisfactorily establish that said accused had financial or pecuniary interest, directly or indirectly, in the subject NBN-ZTE deal,” the court said.

The Sandiganbayan said it was evident from the start that Neri’s role “was rather passive” as he was simply consulted by ZTE and Amsterdam Holdings, Inc. owned by businessman Jose de Venecia III, which submitted an unsolicited proposal on the NBN project to the Department of Transportation and Communications (DOTC).

“It is common and ordinary experience for people to consult with those who they believe are experts/knowledgeable on matters being inquired about. Abalos and his group, obviously pushing for the ZTE proposal, certainly had reason to believe that Neri, being the NEDA Director General, was the right person to approach for guidance/enlightenment on how they would go about the NBN-ZTE project getting an approval by NEDA,” the court said.

The Sandiganbayan said there is no evidence to prove that Neri met with Abalos and other officials because of any promise of monetary reward in the form of bribe or commissions.

Neri is facing a separate graft case over the broadband deal before the Fourth Division. His co-accused include Arroyo and her husband, Mike Arroyo. —KBK, GMA News