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Private complainants want Erap plunder trial rules adopted for Arroyo

August 12, 2012 7:31pm

Private complainants in the plunder charge against former President Gloria Macapagal-Arroyo have asked the Sandiganbayan First Division to adopt rules used in similar proceedings against former President Joseph Estrada that allowed private prosecutors to participate in the case.

Former Akbayan Party-List Rep.Risa Hontiveros-Baraquel, retired Brig. Gen. Danilo Lim and lawyer Jaime Regalario of the group Kilusang Makabayang Ekonomiya, whose complaint before the Office of the Ombudsman became the basis for the indictment, claimed they deserve representation in Arroyo’s trial because of its “transcendental public importance.”

In their Memorandum filed through lawyer Phillip D. Sawali, the complainants pointed out that Section 5 of the Rules of Procedure specifically provides that “the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court.”

They said the same rules set only two preconditions: the heavy work schedule of the public prosecutor; and the lack of public prosecutors.

They noted these same ground rules were observed during the Estrada plunder trial.

“Private lawyers were allowed to assist in the prosecution under the direct control and supervision of the Office of the Special Prosecutor. [The same] practice can be adopted in the present case,” they said.

Prosecution Bureau VI Director Diosdado Calonge, lead prosecutor in the case, has already declared that his team would welcome any assistance from private prosecutors in building up the case to ensure the defendants' conviction.

The case concerns allegations that Arroyo, now serving a three-year term as congresswoman of Pampanga, conspired with nine officials of the Philippine Charity Sweepstakes Office (PCSO) and the Commission on Audit to illegally divert P365,997,915 in "confidential/intelligence funds" through several transfers from January 2008 to June 2010.

Charged along with Arroyo were former PCSO Board of Directors chairman Sergio O. Velancia; former PCSO general manager Rosario C. Uriarte; PCSO directors Manuel L. Morato, Jose R. Taruc V, Raymundo T. Roquero and Ma. Fatima A. S. Valdes; PCSO budget officer Benigno B. Aguas; former Commission on Audit chairman Reynaldo A. Villar and former COA-Intelligence Fund Unit head Nilda B. Plara.

Anti-graft investigators said the defendants used the PCSO intelligence funds for personal gain.

The case is now undergoing review by the Office of the Ombudsman after the anti-graft court allowed Arroyo to file a motion for reconsideration before the office. - BM, GMA News




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