Last corruption case vs. Gloria Arroyo junked

Former President and now Pampanga Rep. Gloria Macapagal-Arroyo is now clear of all criminal charges after her last corruption case was junked by the Sandiganbayan.

In two separate resolutions, the Fourth Division granted two demurrers to evidence — one filed by Arroyo and one she filed with husband Jose Miguel Arroyo and former Commission on Elections chair Benjamin Abalos — for the graft and ethics case lodged against them in connection with the botched $329-million national broadband network (NBN) project with China’s ZTE Corp. during her term as president.

Arroyo was charged with one count each of violation of Section 3 (g) and 3 (i) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act and Section 7 (d) of RA 6713 of the Code of Conduct and Ethical Standards for Public Officials and Employees in connection with the NBN deal, which was allegedly overpriced by more than 50 percent of its actual cost of $130 million.

The dismissal of the graft case against Mrs. Arroyo came barely two months after the Supreme Court junked the plunder case filed against her in connection with the alleged misuse of the P366-million intelligence fund of the Philippine Charity Sweepstakes Office.

In clearing Arroyo of graft and ethics cases, the Sandiganbayan said the prosecution failed to establish the element of interest for personal gain in the NBN project, which required the discretionary approval of the National Economic Development Authority (NEDA) Board where Mrs. Arroyo chaired when she was President.

The anti-graft court said Mrs. Arroyo’s cancellation of the NBN-ZTE contract on Oct. 2, 2007 “bolsters the argument that accused PGMA (her initials) did not hold any interest for personal gain in the approval and implementation of the NBN project.”

The magistrates said Mrs. Arroyo cannot also be held liable for an ethics violation for having lunch and playing golf with ZTE officials in Shenzhen, China in November 2006, contrary to the prosecution’s argument that these acts constitute her willful acceptance of favors and gifts from foreign officials.

“There was no clear and indubitable proof presented by the prosecution that accused PGMA was the recipient. As a matter of fact, there was no evidence introduced on who made the payment,” the ruling read.

In dismissing the graft charges against Mrs. Arroyo, her husband and Abalos, the court said the prosecution failed to prove that the NBN-ZTE contract was “grossly and manifestly disadvantageous” to the government.

The Sandiganbayan likewise took the prosecution to task for failing to establish the supposed conspiracy between the three officials and then-Transportation Secretary Leandro Mendoza for the contract to be signed.

“This failure to specify the circumstances establishing conspiracy among the four accused is violative of their right to be informed of the accusations hurled against them,” the court said.

With the project cancelled during the Arroyo administration, the Sandiganbayan said there was no longer any contract to refer to when the Ombudsman filed the cases against the former President in 2011.

As a closing statement, the court quoted Mae West from the 1997 film Every Day’s a Holiday: “It ain’t no sin if you crack a few laws now and then, just so long as you don’t break any.”

Lawrence Arroyo, the former President's lawyer, expressed gratitude to the Sandiganbayan for granting their demurrers in the NBN-ZTE cases.

He said the court's decision vindicated Mrs. Arroyo anew.

"[Mrs. Arroyo] has always kept her faith in the judiciary and our courts have not failed to fearlessly render justice. Our courts have not allowed themselves to be swayed by public opinion or perception," Atty. Arroyo said in a statement.

He said the courts' decisions to grant their demurrers in the NBN-ZTE case, PCSO case, and the P5.4-million civil suit filed against her by a religious group proves the charges she faced were all weak. —KBK, GMA News