Ex-PCSO GM Uriarte cleared of plunder

The Sandiganbayan has acquitted former Philippine Charity Sweepstakes Office (PCSCO) general manager Rosario Uriarte from her plunder charge, leaving no respondent left in the case involving the alleged P366-million diversion of funds at the PCSO.

The First Division said the prosecution failed to present new evidence against Uriarte, the sole co-accused of former President and incumbent Pampanga Representative Gloria Macapagal-Arroyo still facing trial, aside from what was already ruled upon by the Supreme Court (SC) which found insufficient evidence to charge her and her co-accused of the non-bailable offense.

"The prosecution has not adduced any new or compelling evidence to warrant a finding different from what has already been rendered by the Supreme Court," the Sandiganbayan said in its May 11 decision.

"Thus, as the High Tribunal categorically cleared Uriarte of culpability from the instant charge of plunder, it behooves this Court to acquit her," it added.

The Sandiganbayan ordered the lifting of the hold departure order against Uriarte and the release of her bail bond.

In 2016, the SC ruled to dismiss the plunder case of Arroyo and former PCSO Budget and Accounts manager Benigno Aguas due to weak evidence presented by state prosecutors from the Office of the Ombudsman. 

The Sandiganbayan used the SC ruling in the acquittal of Uriarte.

The SC had said that the charges against Arroyo were "unwarranted" and "unsustainable," adding the prosecution failed to prove that she was the "main plunderer" in the case.

The High Court added the prosecution "did not properly allege and prove the existence of conspiracy among (Arroyo), Aguas, and Uriarte."

The prosecution insisted before the SC that Arroyo, Aguas, and Uriarte were indeed the main plunderers.

It pointed out Arroyo's marginal note of "OK" is considered as conspiracy between the former chief executive and Uriarte since this allows the additional transfer of intelligence funds.

The SC, however, said this does not mean Arroyo amassed ill-gotten wealth nor does it make her part of any criminal conspiracy, which are both grounds for one to be indicted of plunder.

In lieu of the SC decision, the Sandiganbayan said it also found no civil liability against Uriarte.

"Wherefore, in light of all the foregoing, accused Rosario C. Uriarte is hereby acquitted of the charge of plunder defined and penalized under Section 2 of Republic Act No. 7080," the Sandiganbayan said.

"As the acts or omission from which the civil liability might arise did not exist, no civil liability may be assessed against the accused," it added.

Division chairperson Associate Justice Efren De La Cruz penned the decision, with the concurrence of Associate Justices Geraldine Faith Econg and Edgardo Caldona.

The Sandiganbayan had acquitted former PCSO chairman Reynaldo Villar; former PCSO Board chairman Sergio Valencia; former Board members Manuel Morato, Jose Taruc V, Raymundo Roquero, Ma. Fatima Valdes; and former Commission on Audit Intelligence Fund Fraud Audit Unit chief Nilda Plaras in separate decisions. —KG, GMA News