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UPDATED 1:20 p.m. - The Department of Justice (DOJ) has recommended fresh charges of malversation against former President Gloria Macapagal-Arroyo and several officials for the alleged misuse of the overseas workers' fund.

 

In a resolution released on Tuesday, a panel of prosecutors from the DOJ found probable cause to file charges against Arroyo and the others for violation of Article 220 under the Revised Penal Code.

 

Apart from Arroyo, the DOJ also recommended charges against:

The charges stemmed from a case filed by lawyer Francisco Chavez against the alleged "purposeful and systematically orchestrated diversion and misuse of the OWWA Fund" for purposes other than those that "directly and exclusively" contribute to OFWs' welfare.

 

In particular, Arroyo and the other respondents were being charged for the release of US$293,500 from the OWWA funds that were allegedly used for the purchase of vehicles and the stockpiling of Philippine posts in the Middle East in support of the US-led war against "terrorism" in the region.

 

"There was no clear justification as to why the OWWA funds and not the funds from the other government agencies such as the Department of Foreign Affairs [were] not tapped and released," the DOJ panel said.

 

The panel of prosecutors said the release of the fund "without legal basis" resulted in "prejudice to the OFWS" since the processing of claims by OFWs under the general Financial Assistance Program was stopped at the time. If totaled, the unpaid claims amounted to P16,510,900, " which is roughly equivalent to the amount in dollars unlwafully proposed and approved to be sourced from the OWWA."

 

Arroyo and Romulo were also being charged with malversation in connection with another supposed "unlawful transfer" of P530,382,446 in OWWA's medicare fund to the PHIC, upon the proposal of Duque, who said the transfer would provide health insurance to eight million indigents by the end of 2003.

Arroyo approved the proposal through Executive Order No. 182 on February 14, 2003.

 

The panel of prosecutors, however, said the purpose that Duque cited "did not directly and exclusively" benefit the OFWs. 

 

Duque eventually withdrew his proposal but the the DOJ panel said the withdrawal was "merely an afterthought, and would not negate his criminal liability."

GMA News Online is trying to reach for comment those charged in the malversation raps.

 

Meanwhile, the Board of Trustees of the OWWA were cleared from the charges insufficiency of evidence, "considering that they appeared to have merely acted in good faith in complying with the EO issued by respondent Arroyo."

 

The DOJ panel's recommendations will be forwarded to the Office of Ombudsman for its review and approval.

 

As for Duque - who is currently chairman of the Civil Service Commission - the Ombudsman will have to determine if there would be probable cause to charge him for an impeachable offense. 

Apart from malversation, the panel did not recommend the filing of charges that were originally included by Chavez in his complaint like plunder, graft and corruption, qualified theft, violations of the Omnibus Election Code, and violations of the Code of Conduct and Ethical Standards of Public Officials and violation of the Constitution.

The OWWA Board of Trustees were composed of chairman Patricia Sto. Tomas and members
Manuel Imson, Rosalinda Baldoz, Mina Figueroa, Caroline Rogge, Victorino Balais, Gregorio Oca, and Virginia Pasalo.

Baldoz is the current secretary of the Department of Labor and Employment and was appointed by President Benigno Aquino III, Arroyo's successor as president. - VVP, GMA News