Former President Gloria Macapagal-Arroyo CONTRIBUTED PHOTO
Ombudsman prosecutors on Monday opposed the plea of former President Gloria Macapagal-Arroyo to have separate trials for her three criminal cases resulting from her approval of a $329-million contract for a national broadband network (NBN) with China’s ZTE Corp.
Arroyo has been charged with two counts of graft and one count of violation of the Code of Conduct and Ethical Standards for Public Officials before the Sandiganbayan Fourth Division.
In an opposition filed before the antigraft court Monday, the prosecution said Arroyo’s criminal cases could be consolidated, based on jurisprudence.
It noted a Supreme Court ruling that stated that the consolidation of criminal cases was a matter of judicial discretion and that cases arising from the same incident may be consolidated.
The prosecution explained that Arroyo’s cases all arose from the same transaction and they involved similar issues. They also largely depended on the same set of evidence.
“Finally, a joint trial for the above-captioned cases will guard against oppression or abuse, prevent delays, clear congested dockets, simplify the work of the trial court, and save unnecessary costs and expenses not only on the part of the court but also on the part of all the parties involved,” it said.
Arroyo earlier said the law disallowed the consolidation of cases, while the merger of trials was permitted only at the discretion of the court. She argued that trials could only be consolidated if the actions concerned arose from the same act or if they involved the same issues, but this was not so with her three cases.
Arroyo has pleaded not guilty in all three cases, which hold her liable for her role in the controversial NBN deal that the Office of the Ombudsman found to be disadvantageous to the government.—Leila B. Salaverria