Sandiganbayan junks plea to drop raps vs Arroyo

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Former President Gloria Macapagal Arroyo. AP FILE PHOTO

The Sandiganbayan has dismissed the petitions to dismiss the graft case against former President Gloria Macapagal-Arroyo, her husband Jose Miguel Arroyo, and two other former government officials allegedly involved in the anomalous NBN-ZTE broadband project during her administration.

In a resolution promulgated on Jan. 7,  the antigraft court’s Fourth Division threw out the motion to quash filed by the Arroyos last September, together with former Transportation and Communications Secretary Leandro Mendoza and former Commission on Elections Chairman Benjamin Abalos.

The motion had argued that the facts alleged in the case did not constitute graft because the contract had already been  canceled. It was also cited that the contract was not signed in the Philippines.

In its resolution denying the motion, the court said the information in the case was sufficient in form and content.

It said the presence or absence of the elements of the crime is evidentiary in nature and “is a matter of defense that may be passed upon after a full-blown trial on the merits.”

“In this case, whether or not the contract was validly existing at the time of the filing of the complaint, and the effects thereof on the government, are matters of defense which need presentation and consideration of evidence in the resolution of the same,” the court added.

On the issue that it has no jurisdiction over the case because the contract was signed abroad, the court said that jurisdiction is consistent based on the information in the charge sheet.

The court said the information filed specifically stated, “That in or about February to April 2007, in Malacañang, Manila, Philippines, or sometime prior or subsequent thereto, and within the jurisdiction of this Honorable Court….”

“The words are clear, without room for interpretation. There is no basis to deal or argue in semantics,” the Sandiganbayan said.

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  • http://pulse.yahoo.com/_E5Q5PV6KNYNVSOCHXJVJPYUVFE cion

    If there is anything Filipinos  need to be worried about are the injustices by the  abusive political appointee of this administration vs political opponents which are openly  condoned by this sitting President

    • richard ortega

       ow come on you are a looser, you are on the same political party with the family of thieves who support and protect the thief justice.

    • Padre Damaso

      and what do you consider the things they have done to Erap?

      • tagatabas

         Forget Erap

    • http://profile.yahoo.com/ERCCN5ANNNF7BEBFMYXR6ALGRU Dan

      hoy tonto kwanggol

    • tagatabas

       laki ng galit mo kay Pnoy he is much, much ,much better than Arroyo, alis ka na lang sa pinas para di kita matabas.

  • pcosmachine

    The show must go on. The little girl and her cohorts must face the music. No more life-threatening rare bone disease. No more TRO. No more wheelchair drama. Just face the music, b_tch.

  • richard ortega

    the macapal arroyo family who abuse the filipino people should be jailed for life… not just the mother but also the porky husband and piglet son.

    • http://profile.yahoo.com/ERCCN5ANNNF7BEBFMYXR6ALGRU Dan

      hahaha. I like that, pork husband, piglet son, thats an accurate description of pandakikay family

      • James Wise

        Pork husband, piglet son, and lechon gloria

      • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

        Kaya ba ‘yung pakawala nila, si BOYBAkal ubluban lang ang mga pinagsasasabi? na ikinakampanya na si Binay tatlong taon pa bago dumating ang presidential election?

  • Barak_O

    pwned x 100

  • $37644997

    Are we just waiting for her to die or are we suppose to indict her for  the alleged crimes?

  • Fulpol

    GMA the idol of BS Aquino III…

  • Hey_Dudes

    This woman crook can take comfort for herself and those of her family just by reminiscing once upon a time in an impoverished  country called the Philippines, she, husband and son together with favored cronies, enslaved AFP former generals, manicurist, gardeners and others contributed in further degrading the lives of fellow Filipinos while they feasted, enriched, enslaved the poorest of poor sleeping hungry and scavenging food in garbage can while she and her favorite crocodiles pet in congress binged top dollar $ dinner at Vans Steakhouse and Le Cirque New York city.

    If going by what Suarez kept feeding the country seconded by hospitals these crooks used to propel their lies, this woman crook should have been dead long ago when she got stopped at NAIA airport to flee the country.  Therefore, why,  in spite of dire consequences of not letting her get medical treatment abroad , she is still very much alive today?

    Is it only a matter of time?  Majority of Filipinos if this family care to poll will say – Yes, GMA it is time for you to disappear forever.

  • blainz

    Welcome development, but decisions like this must be made faster. More than three months to rule on a motion to quash is too slow.

    The defense strategey is obviously to delay the case until the end of PNoy’s term, then get on Binay’s …shudder… good graces to obtain a pardon – quid pro quo ala Erap’s. If this happens, the Philippines gets back to being the Sick Man of Asia.

    • droccu

      I agree with the warning. The legal strategy of GMA and her “kampon” is to delay all their cases, fully support ($$$$) a Binay presidential run and make new favorable deals with a  fully compromised Binay presidency.Take note that with Binay comes a package deal of 3 Kings (plus Erap and JPE)- a coalition of political compromise right at the onset. Expect the return of “transactional politics” perfected by GMA with Binay as president.

      Do not vote for ALL UNA candidates and Binay-please.

  • UrHONOR

    YEHEEEY!!

  • rayingga

    Still fresh in my  memory a debate  between VP candidates Binay and Fernando, Legarda and Roxaz, It was a televised episode wherein Binay proudly claim that in the event he’ll be elected he will never have a second thought of investigating and prosecuting Arroyo. Now Binay nasaan ka na, Playing safe ka and let the president alone do your promises which were broken . Di ka pwedeng pagkatiwalaan, walang palabra de honor. Then nag aambisyon kang maging presidente, no way ngayon pa lang ay ilalabas na namin ang baho mo. Dont vote for Binay’s daughter in the senate… stop political dynasty in the Philippines.

    • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

      SILENT SIYA SA RH LAW…DI HINDI SIYA BINABANATAN NG SIMBAHAN…SILENT SIYA TUNGKOL KAY GMA, NATURAL LAMANG NA SUPORTAHAN SIYA NG MGA PRO-GMA..AYAW NAMAN NIYANG MAG-RESIGN AS A MEMBER OF PNOY’s CABINET, HALATANG HALATA ANG PAGIGING SPARE TIRE…KITANG KITA NG MGA NAKAPAG-IISIP ANG STRATEGY NG MGA GUSTO LAMANG ANG BOTO NG BAYAN, HINDI ANG KAPAKANAN.

  • ArawSol

    Persecution talaga ginagawa ng Aquino admin. Contract was cancelled so where’s the crime of graft?

    • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

      SHE CAN SHED LIGHT TO THE QUESTION YOU ARE ASKING…WHY NOT SUGGEST OR ADVISE HER TO ATTEND COURT HEARINGS?

  • Atlason

    Very obvious that the Sandiganbayan is just following Aquino’s desire to persecute Arroyo even if the evidence on hand will not stand in court.

    • cry_freedom

      Only the blind will see this as a persecution. The world is full of evidences about the corruption of Arroyo, et al, regarding this NBN ZTE issue. There’s the kidnapping of Lozano, the P200 figure that Neri talked about, etcetera, etcetera, etcetera, etcetera, etcetera……..etcetera…….

    • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

      and, YOU ARE FOLLOWING WHO’S DESIRE?

  • pasaway008ako

    Ang tagal na ng kasong ito hanggang ngayon iyan lang ang nangyari. Mamaya patay na iyong mga nakahabla at naghabla pero wala pang hatol sa usaping ito. Puro palabra, wala namang honor. Puro guratsa na lang ang nangyayari!!!

  • Atlason

    Aquino in his speeches abroad had pathetically targeted Arroyo in his mindless tirades, even going to such lows as making fun of the sick and engaging in  tasteless and gross jokes about wheelchairs. So unpresidential for him to do so. Karma caught up with PNoy in Australia and he got sick there after making those sick jokes in New Zealand. It is as if Aquino had already pre-judged all cases filed vs. Arroyo and have made those pronouncements to the effect that Arroyo is guilty. Thus the Sandiganbayan is taking a cue from Aquino and engaging in selective persecution. The lop-sided and biased justice system now in place is a sickening blight to this administration of Aquino.

    • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

      IT;s BEEN LONG SINCE THE ACCUSED HAD SAID SHE NEEDED IMMEDIATE TREATMENT ABROAD FOR A LIFE-THREATENING ILLNESS.  NOTHING OF THAT SORT HAD EMERGED.  SHE IS NEEDED AT COURT HEARINGS TO SHED LIGHT ON THE CHARGES AGAINST HER, NOT INSIDE HOSPITAL ICUs.  IF SHE HAD DONE SO, THOSE TIRADES THAT YOU ARE REFERRING TO WOULD NOT HAVE EVEN HAPPENED. ON THE CONTRARY, EVERYTHING THAT YOU ARE SAYING CAN ONLY BE ATTRIBUTED TO HER FAULT.  EVEN PEOPLE WHO HAVE BEEN TRYING TO GIVE HER THE BENEFIT OF THE DOUBT, CANNOT ANYMORE BE BLAMED IN HAVING SECOND THOUGHTS ABOUT HER INNOCENCE OR GUILT.

  • disqusted0fu

    If the justice system under the Aquino administration is not selective and does not have double standards, you would not know what to expect. But since it is selective, and they have double standards, plus the hatred shown by Pnoy to GMA, you could see this coming even before there was a case.

    • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

      IF YOU WILL PUT SOME GRAINS OF TRUTH IN WHAT YOU ARE SAYING, YOU WILL END UP AGAIN …
      …………………………….. DISGUSTED 0 FU

  • noypisiTED

    Clap, clap, clap to the gallant Sandiganbayan Justices.

    • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

      MABUHAY ANG SANDIGANBAYAN…TUNAY KAYONG MASASANDIGAN NG BAYAN !

  • disqusted0fu

    If GMA was a kkk, she would have been absolved from this a long time ago. But since she isn’t, and in fact she is considered by Pnoy and his KKKs as their number one ‘enemy’, then she will get persecution at its worse.

    • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

      Ano bang klaseng KKK siya miyembro — karumaldumal, kakilakilabot, korapsyong katakut takut?  Kung ganyan nga, kaya mo na’ng sagutin with all honesty and sincerity, or you just want to end up again…
      ……………………………………… DISGUSTED 0 FU …………………………………. ???

  • Atlason

    Just take a look at how Aquino protects this beloved KKK – even without investigation, he zealously coddles them and declare them innocent right away. Take the case of Puno who is engaged in jueteng collections together with Llamas as confirmed by Bishop Cruz. Then there’s Nanguiat, Chair of Pagcor & the notorious bottled water purchases amounting to millions, where Aquino again interceded and declared him innocent. Same thing with payoffs to him made by foreign gambling lords. Then there’s Dinky who is into anomalous distribution of billions of pesos in Aquino’s CCT program as per findings of COA. The list goes on and on but Aquino is only interested in persecuting his perceived enemies but never his friends & cronies. Such is the sad state of justice in this country.

    • richard ortega

       WEH!!!!!!! wala ka ng pag asa sa buhay kampi ka ng magnanakaw.

    • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

      Ang dami mong nalalaman, bakit hindi ka tumulong sa taongbayan…bakit hindi mo sila ihabla…mas maigi ang mag-habla, kaysa ablah lang nang ablah.

  • Your_King

    Very easy case to decide really if there was no bias and pressure from Malacanang. Contract was cancelled and never fully consummated therefore no real case here.  

    • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

      So, what’s keeping you from exercising your kingly authority, YOU’RE MAD JESTER ?

  • Candida Ruiz

    J.H.C. Why are they always finding ways to revive an old case … the ( OMBUDSMAN ) already said that there was no contract … As far as I know, don’t you have to have a contract ( at the least ) to indicate that there was bribery ( because why would somebody bribe anyone who will not help them get what they want, isn’t that the essence of a bribe ) or whatever they are charging her with now. Based on the timeline, ( isn’t it a weird coincidence ) the ombudsman dismissed the cases against Arroyo in 2009, of course everybody will say the reason for that would be because she was the sitting President at the time. However, when the case was REFILED in 2011, ( Aquino was already the sitting president ), the ombudsman still ( the keyword here is STILL ) dismissed the plunder case against her, but by refiling the case, they also reinstituted the graft charges, basing their case on a CANCELLED contract … which, by the way, IS an important element for the case … 

    And as for ( the ) why, some people call it SELECTIVE PROSECUTION, I disagree. Selective prosecution is a situation wherein you are planning to prosecute several people of the same crime but are only choosing whom to prosecute first, so by calling it selective prosecution, per se it means that you have other people lined up and facing the same charges … I don’t think so … Won’t people think it better to call it …  say … VINDICTIVE PROSECUTION … or KUNG KANINO AKO GALIT IPAPAKULONG KO PROSECUTION … :) …. because seeing everything around us nowadays, to be a friend or an ally of the president allows you to do anything you want ( please look at previous post ) … oh, and please let us not forget this particular tidbit … today the people of Cebu City held a prayer rally in support of suspended Gov. Gwen Garcia and yet news coverage of the said event was minimal ( minimal being an OVERSTATEMENT ) … Well, I can only surmise that the news networks found the Black Nazarene Procession to be more ” in-line” with their network programming. Because seeing that many people showing their support for someone, is, I believe, a newsworthy event … For a country that says we have freedom to do this and to do that, I guess freedom is what the current government ” SAYS ” we have the freedom to do … 

    • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

      YOUR COMMENTS ARE ONE SIDED…IT’S VERY OBVIOUS…YOU ARE CHARGING ONE PARTY GUILTY OF SOMETHING YOU ARE NOW COMMITTING…AS I HAVE SUGGESTED BEFORE, WHY DON’T YOU COME TO THE RESCUE OF WHOSEVER YOU ARE SIDING WITH, I.E., IF YOU ARE A LAWYER, VOLUNTEER YOUR SERVICES.

      • Candida Ruiz

        Oh hi Ding, nakikita ko sa reply mo sa post
        ko na sira pa rin ang keyboard mo …  What can I say, alas, I am not a
        lawyer, and all I can offer in support of the oppressed would be my opinion on what is being done … and I am doing it voluntarily. 

        Hindi lang naman ako ang nakikita kong one sided, kahit naman ikaw, based on the opinions you have posted … So okay lang, you do your thing, I do mine … and I do not change my position … If I manage to change yours then good, pero nasasayo yun … di naman kita pwedeng pilitin … :)

        You are saying that I am charging one party guilty of something … O sige … In my opinion yun … and as I said before akin lang yun … pero ano ba actually nagagawa ng opinion ko ? Iba yung sinasabi ko, iba yung TALAGANG kaya ko gawin … Yung nasa pwesto kasi pwede nilang kasuhan ng kasuhan yung tao hanggang gusto nila .. dahil nga sila ang nasa pwesto … sa sinasabi mong GUILTY ako, ano ba naman ang magagawa ko kungdi ipresenta sa inyong magbabasa kung ano ang akin .. yun lang … 

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