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Arroyo et al. ask Sandiganbayan to defer issuance of arrest warrants in NBN case

By

Former President and Pampanga Representative Gloria Macapagal-Arroyo

Don’t arrest us just yet.

Former President Gloria Macapagal-Arroyo, her husband Jose Miguel “Mike” Arroyo and former Transportation Secretary Leandro Mendoza have challenged the graft charge filed against them in connection with the National Broadband Network (NBN) deal with China’s ZTE Corp., saying that the case did not hold water.

The former president asked the Sandiganbayan Fourth Division to schedule oral arguments on the case prior to the issuance of a warrant of arrest, while Mike Arroyo asked the court to withhold the issuance of an arrest warrant and to conduct a judicial determination of probable cause.

Mendoza also sought a judicial determination of probable cause and the dismissal of his case.

Earlier, the Office of the Ombudsman upheld the graft charges filed against the Arroyos, Mendoza and former elections chief Benjamin Abalos in connection with the NBN-ZTE deal, and dismissed the motions for reconsideration filed by Mike Arroyo and Mendoza.

In her motion filed late Friday through lawyer Estelito Mendoza, the former president asked for oral arguments on her case as she noted that the documents attached to her charge sheet did not support probable cause for the issuance of an arrest warrant.

She also said her motion was not intended to delay the proceedings or the issuance of an arrest warrant, or to flee the jurisdiction of the court. She pointed out that she was currently detained at the Veterans Memorial Medical Center in connection with another case.

Estelito Mendoza also entered his appearance as Arroyo’s counsel on Friday.

Mike Arroyo, in his separate motion, said the abrogation of the NBN contract long before the case against him was filed meant there was no contract to speak of, and that there could have been no disadvantage to the government.

The $329-million NBN deal, bagged by China’s ZTE Corp., was canceled amid claims that the contract was overpriced and that there were attempts by Philippine officials to collect commissions or kickbacks.

Absent provision

According to Mike Arroyo, the Supreme Court had already ruled in another case that if a contract is rescinded, one of the elements for violating a provision of the anti-graft law would be absent. But the Office of the Ombudsman ignored this doctrine, he said.

Besides, the Philippine government was not shortchanged and to claim otherwise would be  speculative, he added.

“With the abrogation of the ZTE contract, any theory on whether or not the contract is grossly disadvantageous to the government would be speculative and could not meet even the quantum of evidence to support a finding of probable cause,” he said.

Private individual

Mike Arroyo also said the pertinent provision of the antigraft law relevant to his case could only be violated by a public officer, and since he was a private individual, he could not be held liable. He said he could not have entered into a contract on behalf of the government, which is what the law penalizes, because this could only be done by a contracting party or its representative, and he was neither.

To claim that he was involved in a conspiracy in connection with the contract was also absurd because the deal was a government-to-government transaction. He reiterated his stand that he only accompanied his wife to a ZTE lunch in China.

“The ZTE transaction being a government-to-government transaction, the allegation that accused Jose Miguel Arroyo influenced the approval of the deal by joining a luncheon with executives of ZTE crumbles to the ground,” he said.

Mike Arroyo also denied initiating a reconciliatory meeting between Abalos and businessman Jose de Venecia III, a losing NBN project bidder. De Venecia alleged that the former first gentleman had told him to “back off” from the deal.

The earlier dismissal of a similar complaint against him arising from the NBN deal means he could not be re-litigated for the same issues, Mike Arroyo  further said.

Good for government

The evidence against him, including Senate testimonies, also consisted of “surmises and conjectures,” which should not be given any weight, he added.

Mendoza, in his own motion, said there was no case against him because the NBN deal was actually good for the government, even compared to other NBN proposals.

He explained the $329-million  price tag by saying that the project would cover almost the whole country, and first- to sixth-class cities and municipalities, and discussed in detail the merits of the deal. Allegations of a bloated price to accommodate supposed kickbacks also came from questionable witnesses, he said.

No injury, damage

He also lamented that the Office of the Ombudsman had ignored his comparison of the NBN deal with the other proposals.

Like Mike Arroyo, Mendoza said the cancellation of the contract before the filing of the case meant he could not be charged with violating the antigraft law.

“Further, since no public money was disbursed or expended for this project before the contract was cancelled, no injury or damage was suffered by the government or the public,” he added.

Originally posted: 3:11 pm | Monday, March 12th, 2012


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Tags: broadband network , Gloria Macapagal-Arroyo , Government , government and politics , Government contracts , Graft and Corruption , Judiciary , law and justice , Leandro Mendoza , Mike Arroyo , NBN-ZTE Deal , News , technology , ZTE Broadband deal


  • antonioluna

    huwag muna yer henor hindi ko pa nababawi ang pera kay iggy na pinagaawayan na ngayon ni aleli at grace, anak ng teteng ako ang nagnakaw mukha sila ang makikinabang.

  • allandel

    pano yung mga taga-ZTE, kanino napunta yung pera nilang ib inigay kay Abalos?

    • marcos_hitler_diktador_tuta

      Ang balita hindi na raw nila ibinalik.

      Both sides ZTE and Arroyo and cohorts are mum about it of course.

    • http://profile.yahoo.com/VE7FOU3LEDDIOOB2GN2LQF2MGE Al

      ayun daladala ni Abaloos sa kulungan..hahaha..!

  • marcos_hitler_diktador_tuta

    These are bogus defenses. There was conspiracy and had not the whistleblower intervened to expose their modus operandi, these thieves would have gotten away.

    There should not be any delay with the issuance of warrant of arrest. No one is above the law. Due process is accorded and the standard procedure must be followed. Magnanakaw Mike Arroyo and Magnanakaw Sinoman should be treated equally the same.  

    Magkaisa tayo mga kababayan!!!
    Igupo ang mga salarin!!!
    Mabuhay ang Pilipino!!!
    Mabuhay ka PNoy!!!

  • Hey_Dudes

    The rats are slowly being exterminated. It is about time these people are lock up before a T R O comes down from Renato C. Corona and gang mates.

    • http://pulse.yahoo.com/_SS36UV5JGDGV2KAKNQKZJSASCA Hernando

      this correct and very true .. 

  • ztefertilizerscam2

    Former Fake Pres. Arroyo , corruption and many 

    1. NBN ZTE Scandal

    2. Millions of bribe money to Congressmen and Governors 

    (October 2007)

    3. Cheating in 2004 Elections (HELLO GARCI)

    4. Joc Joc Bolante Case (Fertilizer Scam, P728 Million)

    5. JOSE PIDAL Bank Account (Unexplained Wealth, P200 

    Million)

    6. NANI PEREZ Power Plant Deal ($2 Million)

    7. Use of Road User’s Tax for Campaigning

    8. Billion Peso Macapagal Boulevard (Overprice of P532 

    Million)

    9. Juetengate? (Illegal Numbers game kickbacks)

    10. Extra Judicial Killings

    11. Arroyo Moneys in Germany (Exposed by Senator Cayetano)

    12. General GARCIA and Other Military Men

    13. Billion Peso Poll Automation contract to(Mega Pacific) 

    (P1.3 Billion)

    14. Northrail Project($503 Million)

    15.  Maguindanao Results of 2007 Elections (ZUBIRI, BEDOL)

    16.  NAIA-3

    17.  Venable Contract (Norberto Gonzales)

    18.  Swine Scam (Exposed by? Atty. Harry Roque

    19. GLORIA Arroyo son hidden assets in united states

    20. EURO GENERAL’S

    21. CALAMITY FUND SCANDAL.

    22.  C-5 road controversy — Senator Manuel Villar

    23.P550-million worth of funds from the Overseas Workers’ 

    Welfare Administration (OWWA).

    24. P780-million LWUA funds-PROSPERO PICHAY

    25. BISHOPS’s SUV-Gloria Birthday gift

    26. Arroyo linked in P325M lotto intelligence fund

    27. Arroyo got P200M in kickbacks from govt projects-Zaldy 

    Ampatuan 

    28. P200.41 billion or $4.6 billion in Malampaya royalties 

    from 2002 to May this year.

    29.LACSON ACCUSED FG MIKE ARROYO OF SELLING 3  REFURBISHED 

    HELICOPTERS TO PNP AT P105 MILLION EACH

    30. 600,000 metric tons of Rotten rice imported from 

    India.Kishore Hemlani, an Indian trader allegedly close to 

    Arroyo, reportedly bagged the P9.5 billion contract for 

    the rice importation. 

    31. DATO ARROYO wife bought the condo unit for $570,000, 

         70-square-meter one-bedroom, one-bathroom unit (Unit 

    No. 533) at the luxury high-rise, full-service Gramercy 

    Towers located at 1177 California St. in upscale downtown 

    San 
    Francisco.

    32.- P50-million bribe to FG for the president’s veto of 

    two franchise bills

    33. The additional funding led to a 41-percent spike in  

    advertising expenses, from P76.129 million in 2008 to 

    P107.420 million in 2009, which went mostly to ads for 

    Arroyo’s achievements.

    34. The report said the PIA received from the Department 

    of Budget and Management a notice of cash allocations 

    amounting to P344.789 million, even though only P222.488 
    million was appropriated for it under the national budget.

    35.- Denial of pork barrel funds to Malacanang’s political 

     enemies

    36.- Praises for Jovito Palparan, alleged mastermind of 

    extra judicial killings of militants

    37.- Removal of govt bodyguards for former pres and Arroyo 

     critic, Cory Aquino

    38.- Appointment of manicurist as a member of the board of 

     Pag-Ibig

    39. Appointment of gardener as deputy of the Luneta Park  

    Administration.

    40. MIDNIGHT APPOINTMENT of Fake President Arroyo,RENATO CORONA, as SC 

    Thief Justice

          200+ other illegal midnight appointments

    41.- MIKEY ARROYO’s undeclared properties in California

    42.- Pardon of controversial convicted criminals like 

    Ninoy’s murderers

    43.- EO 464; requiring Cabinet members to seek 

    presidential clearance before testifying in Congress 

    hearings

    44.- Promise (on Rizal Day) to not run for the presidency 

    in 2004

    45.- “Vote Buying” by giving away Philhealth cards

    46.- Taxpayers’ money for her giant billboards and and 

    PCSO tv campaign ads[/b]

    47- Appointment of Ben Abalos, a staunch GMA ally, as 

    COMELEC chair

    48.- Mikey Arroyo’s importation of 32 thoroughbred horses 

    from Australia worth P384 million.

    49.Former First Gentleman Mike Arroyo used 2 choppers 16 

    times, son Mikey 69

    50.PNoy: PAGCOR spent P1 BILLION on coffee

    51.Jose Miguel Arroyo owned helicopters’
    all Robinson R44 Raven Is with Series Nos. 1370 to 1374
    A total of $1,423,025 was paid to Lionair for the five 

    helicopters.

    52.Pagcor ‘pabaon’ to Gloria Macapagal-Arroyo: P345M

    53.The godmother’s ties to the Pinedas(Jueteng lord)

    54. Glorietta 2 and Batasan bombings

        The Glorietta 2 bombing happened during the height of 

    the bribery case which took place in Malacañang.

    55. Misuse of Balikatan funds Navy Lt. Nancy Gadian 

    revealed an alleged malversation of funds in 2007

    56. Solon: Charge Gloria Arroyo for taking P98-M from 

    PNoy’s social fund

    57. 50 MILLION PABAON GENERALS

        Former Armed Forces chiefs of staff Narciso Abaya, 

    Dionisio Santiago, Generoso Senga, Hermogenes Esperon, and 

    Alexander Yano,chiefs of staff – Angelo Reyes, Diomedio  

    Villanueva, and Roy Cimatu and MANY MORE..

    58.Colmenares: GMA had P488 billion in ‘pork.

    59. P1 BILLION down the drain in Arroyo-era jatropha 

    project—DOST chief 
    60.Fishers push plunder rap vs Arroyo in purchase of ice machines( overpriced at P455 million in 2009.)
    61.$225-million overprice of Metro Rail Transit Corp. (MRTC), 
    62.Ongpin “front” for former First Gentleman Mike Arroyo in a P660-million loan from the Development Bank of the Philippines (DBP)…
    63.sale of the old Iloilo airport for P1.2 billion to Megaworld Corp. in 2007

  • ztefertilizerscam2

    Glorietta 2 and Batasan bombings
    The Batasan bombing happened the day before Former Pampanga Gov. Ed Panlilio was set to testify on the bribery of local officials in the Senate and a day before the House justice committee was to hear the impeachment case.The Glorietta 2 bombing happened during the height of the bribery case which took place in Malacañang.
     
    Money from Malacañang

    Former Pampanga Gov. Eddie Panlilio revealed that he was given a paper bag containing P500,000 in a Malacañang meeting in October 2007. The money was allegedly for community projects. The bags were handed out by a female Malacañang staff. Panlilio said he accepted the money because because no conditions were attached; he did not consider it a bribe. Various versions of the source of the money came out as other local officials present in the meeting admitted receiving either P500,000 or P200,000.

    ZTE

    The scandal was exposed in August 2007, a few months after Transport Secretary Leandro Mendoza and ZTE Corp Vice President Yu Yong signed a $329.5 million contact for a national broadband network deal in April. Fake President Arroyo and the Fake First Gentlemen were said to have visited China for the contract-signing.

    2006

    FG in $20,000 hotel suite!

    During Manny Pacquiao’s match with Erick Morales in Las Vegas, the First Gentleman allegedly stayed in a $20,000-a-night suite at the MGM Grand Hotel in Las Vegas, Nevada. Mike said that there was nothing corrupt about accepting the free luxury suite offered to him by the hotel. He argued that as the husband of a head of state, he was entitled to such perks.

    Mega-anomaly in Comelec

    According to Solicitor General Alfredo Benipayo, the botched P1.3 billion poll modernization project of Comelec was overpriced by P500 million. Comelec ignored its own bidding rules and changed these to suit one favored bidder: MegaPacific Corp.

    I AM SORRY
    2005
    Hello, GarciMore than a year after the election, a recording of a telephone conversation between Fake President Arroyo and election commissioner Virgilio “Garci” Garcillano was released to the public. In this conversation, Arroyo directed him to make sure she wins by one million votes. After weeks of ducking the issue, Arroyo apologized for “a lapse in judgment” in talking with an election commissioner

    Philhealth cards for campaign

    Six weeks before the May 2004 elections, two lawyers filed a disqualification case against Fake President Arroyo, saying she was behind the enhanced Philippine Charity Sweepstakes Office’s Greater Medicare Access or GMA program. Public funds were allegedly spent to enroll families in PhilHealth for one year. The premium cost of P1,200 for each family member was chargeable to PhilHealth and the PCSO. The IDs, bearing Arroyo’s picture and name, were coincidentally distributed during the start of the election campaign.

    Fertilizer fund scam

    The controversy started when Fake President Arroyo was accused of using fertilizer funds for the 2004 election. The fund, worth P728 million, fell under the Ginintuang Masagana Ani Program. Jocelyn Bolante, agriculture undersecretary and regarded as the architect of the fund, left the country and sought asylum in America. He came back to the country in 2008

    Jose Pidal accounts

    In August, opposition Sen. Panfilo Lacson accused First Gentleman Jose Miguel Arroyo of money laundering: he allegedly siphoned off at least P321 million in campaign funds and contributions and put these in a secret bank account under the name Jose Pidal. He also supposedly used the names of his aides in three other accounts.

    Mikey Arroyo’s imported horses

    In August, news broke out that presidential son Juan Miguel “Mikey” Arroyo planned to import 32 thoroughbred horses from Melbourne, Australia worth P384 million (at P12 million per horse). Mikey denied the allegation but admitted that he was in the horse-trade business.

    2003

    Rotten rice!

    In February 2003, Nueva Vizcaya Rep. Carlos Padilla revealed that 600,000 metric tons of rice imported from India were found to be rotten and moldy. Kishore Hemlani, an Indian trader allegedly close to Arroyo, reportedly bagged the P9.5 billion contract for the rice importation.

    Anthony Abad, head of the National Food Authority, had to dispose of some P2.2-million worth of moldy rice stocks and tried to dispose of the remaining sacks in order to recover at least P2.5 billion.

    Naia’s Terminal 3

    In 2002, Transportation Secretary Pantaleon Alvarez obtained overpriced subcontracts for public works projects related to the terminal. Among these is Wintrack Builders Inc., owned by Alvarez, which bagged a site-development project.

    Piatco was also accused of paying huge sums of money to Alfonso S. Liongson, PR consultant and said to be an associate of the First Gentleman, for permits or supplementary agreements to the contract.

  • ztefertilizerscam2

    Mismanaged funds

    Issues on mismanaged funds by the Philippine Amusement and Gaming Corporation (PAGCOR) and the GSIS caught the public eye in 2002. PAGCOR had been experiencing negative cash flows that bloated to P850 million in 2003. A Pagcor manager gave three reasons behind the financial difficulties: ‘onerous’ contracts, profligate spending, and massive, mindless donations.

    GSIS president and general manager Winston Garcia ordered its units to stop the processing of claims and loan applications because of financial difficulty. The Kapisanan ng Manggagawa attributed the financial problems to the following: Garcia’s cash advances amounting to P3.4 million, the establishment of district offices worth P4 million each, and the appointment of outside legal counsel for P200,000 a month.

    Garcia allegedly used GSIS money to purchase Juan Luna’s Parisian Life painting. Likewise, Garcia was said to earn P540,000 a month and appointed some 130 vice-presidents who earn P70,000 a month. There were allegations that GSIS contributed at least P100 million to the campaign funds of Pres. Arroyo. Garcia was retained in his post despite appeals from GSIS employees.

    In 2004, before the Senate committee on government corporations and public enterprises, Garcia dismissed the charges and said GSIS is “the country’s top performing government-owned and controlled corporation.” He did not comment on the Juan Luna paintings.

    2002

    Overpriced Macapagal Boulevard

    Sulpicio Tagud Jr., then board director of the Public Estates Authority (PEA), exposed the P600-million overprice of the construction of the GSIS-funded 5.1-kilometer President Diosdado Macapagal Boulevard in the Manila Bay reclamation area.

    2001

    ‘Payola’ for FG

    Barely had President Arroyo warmed her seat when the first in a series of scandals involving the first family erupted. Correspondence secretary Veronica “Bing” Rodrigo accused first gentleman Mike Arroyo of taking a P50-million bribe in July 2001. The bribery was said to be for President Arroyo to recall her veto on two franchise bills. The first bill involved the Philippine Communication Clearinghouse which sought a franchise to operate a clearinghouse where telco firms were to interconnect for a certain fee. The second bill granted APC Wireless Interface Network a franchise to build a wireless telecommunication system nationwide.

  • http://pulse.yahoo.com/_22PRRPV4XKOOIC5TBS2ZLT7PZQ Tirador Ngbuwaya

     A  warrant  of arrest  is forthcoming. . .HINDI NA MAPIPIGILAN  YAN  !. . ANG  MALIWANAG  NA  MESSAGE  DITO  SA  ZTE-NBN  BROADBAND  DEAL  AY   ”  PERA  NA  NAGING  BATO  PA  ” 

  • http://pulse.yahoo.com/_SS36UV5JGDGV2KAKNQKZJSASCA Hernando

    Before : a 20,000 us $ suite 
    now :  a 2 x 3 m  suite kaya lang sa NBP nga lang …

    Karma ba tawag dito ?? 

  • Malik62

    Mike Arroyo is not a Government Official so why Sandiganbayan?

    • marionics

      baka dito pumasok pre

      Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word “close personal relation” shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer.(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses defined in Section 3 hereof.Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government: Provided, That this section shall not apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession.

  • http://pedestrianobserver.blogspot.com/ Political Jaywalker

    Technically Corona is still the thief justice so they can always file a TRO with the SC and let us see if Corona and his gang mates are willing to perish with them……. Let us see who among the former Mafiosi followers of the plunderer Arroyo will stand by their “walang iwanan” gang slogan and of course unity in the name of honor among thieves, LOL….

  • ofwme2807

    eto na naman si estelito mendoza na pinsan ni cuevas master of delaying trials and trial by technicalities mga ogag ang tagal ng panahon ng ginugol dyn motions upon motions lalo na si fat gentleman ang sabi dati nsaan ang kaso wala pa ngang kaso ayan na mya warrant of arrestt si mothe of all scam gma mabubulok na talaga sya sa kulungan hanggang mamatay na sya sa kulungan nakakulong sya ipasok na rin sa kulungan ang mga yan si fat helicopter gentleman si abalos at si mendoza lahat ikulong ng walang bail

    • generalproblem

      langhiya ang lakas ng kita ng ma abogado ngayon ah hehehe. nagtataka lang ako dito kay mike arroyo bat di na lang nya depensya sarili nya abogado naman sya mababawasan pa ang nakaw nya. kawawang mike ako ay naniniwala na ang mabot kinukuha agad ni lord. tamo si iggy kinuha na hehehe

  • aristeosj

    kita na naman dito si esteling!ganda-buhay nya.tagapagtanggol ng mga naaapi.waah!!!



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