Sandiganbayan upholds dismissal of graft raps vs. Gloria Arroyo

The Sandiganbayan has affirmed its dismissal of the graft and ethics violation charges against former President and now Pampanga Rep. Gloria Macapagal Arroyo in connection with the botched national broadband network (NBN) project with the Chinese firm ZTE Corp.

In a five-page resolution, the Sandiganbayan Fourth Division denied the motion for reconsideration filed by state prosecutors, which sought to overturn the August 8 ruling granting Arroyo’s demurrer to evidence.

“After a reading of all the arguments of the prosecution and the accused, this Court finds the arguments of the prosecution insufficient to warrant the reversal of the questioned Resolution,” the Court said.

A demurrer to evidence seeks the dismissal of the case halfway through the trial based solely on the evidence presented by the prosecution.

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 Fourth Division has yet to release its ruling on the motion for reconsideration filed regarding Arroyo’s other graft case.

In affirming the dismissal of criminal charges against Arroyo, the Sandiganbayan said state prosecutors failed to raise “new and substantial arguments” that would warrant a reversal of the court’s ruling.

“To reiterate, considered in its entirety, the pieces of documentary as well as testimonial evidence adduced by the accused were found to be insufficient to prove the guilt of accused GMA (Arroyo’s initials),” the court said.

In its motion for reconsideration, state prosecutors cited as proof of Arroyo’s guilt former socioeconomic planning secretary Romulo Neri’s admission that former Commission on Elections chairman Benjamin Abalos to bribe him with P200 million for the immediate approval of the ZTE proposal, and the haste with which the contract was approved.

State prosecutors said Arroyo violated the Code of Conduct and Ethical Standards for Public Officials and Employees by accepting a gift from ZTE, and allowing the company to foot the bill for her lunch and a game of golf in China.The former President, however, argued that a dismissal order arising from the grant of a demurrer to evidence amounts to an acquittal and cannot be appealed, as it would be tantamount to a double jeopardy.

The court sided with Arroyo’s argument, saying an acquittal in a criminal case is final and executory upon its promulgation. —NB, GMA News