Sandiganbayan: Mike Arroyo trial on PNP chopper deal to proceed

MANILA, Philippines — The trial on the case of former First Gentleman Jose Miguel “Mike” Arroyo and his co-accused’s involvement in an alleged anomalous sale of helicopters to the Philippine National Police (PNP) shall proceed, Sandiganbayan has decided.

In a ten-page resolution dated January 30, the Sandiganbayan 7th Division denied the separate motions for leave of court to file demurrer to evidence filed by Arroyo and his 11 co-accused for lack of merit.

The case stemmed from the 2009 sale of used helicopters allegedly passed off as brand-new to the PNP despite being secondhand aircraft.

The resolution, penned by Associate Justice Ma. Theresa Dolores Gomez-Estoesta, states that there is “sufficient evidence to establish the crimes charged.”

The accused argued that the Prosecution “failed to establish that in performing their respective functions, they were either aware or part of a grand design to defraud the government.”

“The appreciation of evidence has to be done on a wholistic perspective in consideration of the facts and evidence presented. At this stage, the Court is still blind to the claims or defenses advanced by the accused as they rather appear evidentiary in nature, which the Court is yet to hear,” the anti-graft court noted.

Likewise, the court added that the accused “do nor deny having performed their functions, which, following prosecution’s evidence, appears instrumental in the commission of the crime.”

“In their Motions, they are one in cleansing their hands insofar as the other stages of the procurement of the subject helicopters are concerned, maintaining that there was no proof of their participation in the conspiracy. But this is a matter of defense,” Sandiganbayan noted.

In his motion, Arroyo insisted that he could only be indicted for the case if the conspiracy is established with public officers, saying he is a private person.

But the anti-graft court argued that Arroyo’s assertions “cannot defeat without controverting evidence on his part, the evidence mostly presented against him” by prosecution witnesses.

“Litigation is essentially an abiding quest for truth undertaken not by the judge alone, but jointly with the parties. Where there has appeared sufficiency of evidence preliminary weighed at this instance, it is only for the accused to present their defense for a proper appreciation of the charges,” Sandiganbayan noted.

“The most cost-effective and expeditious way to do this is to proceed to trial, unabated by any other motions,” the anti-graft court added.