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Ombudsman clears Gloria Arroyo in Malampaya fund scam


Ombudsman Conchita Carpio Morales has cleared former President and now Pampanga Rep. Gloria Macapagal-Arroyo and three others from plunder charges filed in connection with the P900-million Malampaya Fund scam.

In a 134-page Joint Resolution, Morales said the complainants — the National Bureau of Investigation (NBI) — "failed to prove" that Arroyo and the three others conspired with the co-respondents in the illegal diversion of Malampaya fund "or that deviated from the regular procedure."

The three others were former Executive Secretary Eduardo Ermita, and former Department of Agrarian Reform officials Dominador Sison and Nilda Baui.

"There was no nexus to the alleged commission of the crime of plunder, malversation through falsification of public documents and violation of the Anti-Graft and Corrupt Practices Act," Morales said in an interview, noting that Arroyo's only participation was to issue Executive Order 848 authorizing the Department of Budget and Management to release funds from the Malampaya gas project for programs identified by Malacañang.

The EO was issued after a series of typhoons battered the country.

On the other hand, Morales ordered the filing of plunder and other criminal charges against former Budget Secretary Rolando Andaya Jr., businesswoman Janet Lim Napoles, and 23 others over the alleged scam.

Andaya, who is now a lawmaker representing Camarines Sur; Napoles, the alleged brains behind the pork barrel scam; and their 23 co-accused will be charged with the following:

  • two counts of plunder,
  • 97 counts of violation of Section 3(e) of the Anti-Graft anf Corrupt Practices Act and
  • 97 counts of malvrsation through falsification of public documents

The respondents were accused of diverting P900 million from the Malampaya fund allocated by the Department of Budget and Management to the Department of Agrarian Reform in 2009 and in the process using 12 Napoles-led non-government organizations as conduits to the fraud.

In 2013, Arroyo’s camp cited as basis for the EO the Marcos-era Presidential Decree 910 containing guidelines for the disbursement of the Malampaya funds.

While criminal charges against Arroyo have been dismissed, Morales did not discount the possibility that she may be charged especially after her office directed the FIO to conduct further fact-finding investigation on the allegation of Andaya’s co-accused, Ruby Tuason, that one Atty. Jesus “Jess” Santos was her brother’s contact in Malacañang.

Santos reportedly facilitated the released of the P900-million Malampaya fund to DAR and knew the identity of the recipient of the P242.7 million coursed through Tuason as kickbacks or commissions.

"If things will surface that way, so be it," Morales said when asked if Arroyo can still be charged in the future over the scam. "As of now we still have to determine if there’s a nexus in the commission of the scam between Mrs. Arroyo or between Santos or anyone for that matter."

"Let's see what will happen. If the investigation of FIO (Field Investigation Office) will point to the liability of Mrs. Arroyo, there's nothing that will prevent the office to consider indicting her,. Otherwise, the dismissal of case remains as is," Morales said. —KBK, GMA News

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