Ex-PCSO exec Uriarte seeks re-determination of probable cause in Australian trip raps

Former Philippine Charity Sweepstakes Office (PCSO) general manager Rosario Uriarte has asked the Sandiganbayan to reconsider its finding of probable cause against her on cases over her alleged unlawful acceptance of an all-expense trip to Australia.

In a motion, Uriarte urged the anti-graft court's Sixth Division to reconsider its May 29 resolution denying her motion for judicial determination of probable cause and rule that no probable cause exists to hold her for trial.

Uriarte, along with former members of the PCSO Board of Directors Jose Taruc V and Fatima Valdez, were charged for violating Section 3(b) of RA 3019 or the Anti-Graft and Corrupt Practices Act, and Section 7(d) of RA 6713 or the Code of Conduct and Ethical Standards of Public Officials and Employees.

The Office of the Ombudsman, which filed the case informations, alleged that the respondents, in their performance of official functions, received and accepted a gift in the form of an all-expense paid trip to Australia from TMA Group of Companies in February 2010.

This, in exchange for their intervention in the approval of a joint venture agreement (JVA) between PCSO and TMA for the establishment of a thermal coating and printing plant in the Philippines.

In her motion, Uriarte insisted that the court is not prevented to make a judicial re-determination of the existence of probable cause.

Citing the recent case of Alfredo Mendoza vs. People of the Philippine, Uriarte said the Supreme Court "affirmed the dismissal of a criminal case after the accused moved for a judicial determination of probable cause."

Uriarte also argued that the trip to Australia cannot be considered a gift as the JVA was approved by the Board of Directors as early as November 24, 2009.

She added that the JVA was likewise "completely legal and above board."

"Not once did the OGCC (Office of the Government Corporate Counsel) opine or find that the JVA contained provisions which are manifestly disadvantageous to the government," Uriarte said.

The JVA was referred for review on three occasions to the OGCC, the statutory counsel of the PCSO, she said.

"Additionally the JVA was approved by the NEDA (National Economic Development Authority)," she added.

Aside from this case, Uriarte is also facing plunder before the Sandiganbayan First Division in connection with the alleged misuse of the agency's P366-million intelligence fund.

Her co-accused, former President and now Pampanga Rep. Gloria Macapagal Arroyo, was cleared by the Supreme Court of plunder in July 2016. — RSJ/KVD, GMA News