MANILA, Philippines—Former President and now Pampanga Rep. Gloria Macapagal-Arroyo wants her three criminal cases stemming from the canceled national broadband network deal to have separate trials, saying they involve different facts and circumstances.
Arroyo, who is facing two charges for violating the anti-graft law and one charge for breach of the code of conduct and ethical standards for public officials, has filed a motion before the Sandiganbayan Fourth Division contesting the consolidation of her cases.
She also said that trying her cases together would only cause delay and confusion.
She had canceled the $329-million NBN deal with China’s ZTE Corp. in 2007 following allegations of overpricing and bribery.
In a motion filed through her lawyers, Arroyo said consolidation of cases is not allowed, while the merger of trials, while permitted, should be at the discretion of the court.
But she contended that trials could only be consolidated if the actions concerned arise from the same act, event or transaction, or if they involve the same issues. This was not so in her cases, she said.
She said in her first case, for violation of Section 3(g) of the anti-graft law for entering into the NBN contract which was found to be disadvantageous to the government, there is a need to prove that there was a contract that she had entered into on behalf of the government. It must also be proven that the contract was manifestly and grossly disadvantageous to the government.
Arroyo’s co-accused in this case are her husband Jose Miguel Arroyo, former elections chief Benjamin Abalos, and former Transportation and Communication Secretary Leandro Mendoza.
In her second case, Arroyo was charged with violation of the section 3(i) of the anti-graft law for becoming directly or indirectly interested, for personal gain, in the NBN transaction that requires her approval. She said that in this case, it must be shown that there was an irregular transaction, that she had the opportunity to intervene in its approval, and that she has a direct or indirect interest in it.
For her third case, she was charged with accepting gifts, favors or entertainment from officials of ZTE officials while the Chinese firm’s NBN project proposal was still being evaluated by the Philippine government.
According to her, it must be proven in this case that she had solicited or accepted, directly or indirectly, any gift in the course of her official duties or in relation to a transaction affected by her office.
“The three (3) cases widely differ in the facts required to be proven and the evidence required to prove such facts,” Arroyo said.
“Trying the three (3) cases together would only create confusion, cause unnecessary delay, and unduly prejudice the rights of the accused,” she added.
She also noted that the Sandiganbayan has issued no order or resolution declaring that her three cases are consolidated, or that the three are to be tried jointly.
Meanwhile, Arroyo also asked the Sandiganbayan to direct the prosecution to allow her to inspect and copy any written statement given by the complainant and other witnesses in the cases against her.
She said the prosecution should have in its possession the written statements given by the witnesses it intends to present, which include ZTE officials Yu Yong and Fan Yang, NBN consultant Rodolfo Lozada, and losing NBN bidder Jose de Venecia III, son and namesake of the former House speaker.
Arroyo has been arraigned for her three criminal cases and has pleaded not guilty in all of them.
Her graft charges are bailable, but she remains detained because she is facing a separate non-bailable electoral sabotage charge before the Pasay City regional trial court. Arroyo, who supposedly suffers from a degenerative bone ailment, is currently detained at the Veterans Memorial Medical Center in Quezon City.