MANILA, Philippines—Ombudsman Conchita Carpio-Morales on Monday dismissed the plunder and graft case filed against former President now Pampanga Representative Gloria Macapagal-Arroyo and Camarines Sur Representative Diosdado Ignacio “Dato ”Arroyo in connection with the over P1-billion Libmanan-Cabusao Dam and Skybridge 1 and 2 projects in Camarines Sur.
In a 28-page investigative report dated April 22 but was released to the public Monday, Morales approved the recommendation of the Field Investigation Office “to close and terminate the case as the evidence gathered does not warrant the initiation of criminal proceedings against the former president and her son.”
Former president Gloria Macapagal-Arroyo AFP PHOTO
The case stemmed from the complaint filed last year by Sanlakas through Atty. Roberto “Argee” Guevara, Renecio Espiritu Jr., Jose Aaron Pedrosa and Juliano Fernando Guiang who alleged that aside from plunder, the two also violated the Anti-Graft Law when Mrs. Arroyo gave as a “birthday gift” to her son in 2008 a package of infrastructure projects worth P3 billion.
The P3-billion “birthday gift” consists of a reforestation program, the building of a dam, irrigation works and a skybridge project from Libmanan town to Canaman town to shorten the travel time to Naga City.
Complainants said the project started without any real consultation with affected communities while the release of funds was done hastily.
However, the complainants said no project was completed at all within the period declared by Malacañang.
“The project was a scam all along, designed to ensure that any release for the Php 900 million project will be liquidated in the form of a 30 percent “SOP” and used to bankroll Dato Arroyo’s 2010 congressional bid,” the complaint stated.
But the Ombudsman said the funding for the Libmanan-Cabusao Dam and Skybridge 1 and 2 projects did not come from the President’s Social Fund or Representative Dato Arroyo’s Priority Development Allocation Fund, but was already included by the National Irrigation Administration (NIA) as an infrastructure project in its Project Procurement Management Plan and Annual Procurement Plan for 2008, and the Department of Public Works and Highways (DPWH) under the Design and Build Infrastructure Project Scheme in 2009, respectively.
“There is no evidence that respondents amassed, accumulated or acquired ill-gotten wealth directly or through their subordinates in the NIA and DPWH, considering that both projects were funded through the regular budget of the respective agencies; nor was there a showing that respondents demanded and received the amount of not less than P50 million as “SOP” from the projects,” the resolution stated.
But while the complaint against the two were dismissed, Morales ordered the conduct of further investigation to inquire into the regularity and proprietary of the acts of government officials responsible in the planning and implementation of the Libmanan-Cabusao Dam and Skybridge 1 and 2 projects.
Costing P700,777,700.00, the Libmanan-Cabusao Dam covers the construction of a 10.28 km diversion canal and appurtenant structures that were to service 4,000 hectares.
The project was awarded to A.M. Oreta & Co. in May 2009 but was ordered suspended by NIA Administrator Carlos Salazar in December 2009 due to strong opposition from local residents.
The suspension was also prompted by a study of the Institute for Environmental Conservation and Research (INECAR) of the Ateneo de Naga University that reported the probability of inundating the towns downstream, which could threaten the biodiversity and livelihood of the people.
The Ombudsman’s investigations showed that NIA relied on a 176-page Feasibility Study on the extensive research and technical evaluation on the dam’s viability and socio-economic impact, and an Initial Environmental Examination report on the environmental condition, issues and concerns, which became the basis for the issuance of an Environmental Compliance Certificate by the Department of Environment and Natural Resources.
Meanwhile, the contract for the Skybridge 1 and 2 project including the road improvement aspect was awarded in the amount of P1,164,077,108.54 to the joint venture companies of R.D. Policarpio & Co., Inc. and R.D. Interior Jr., Const., which encountered problems and issues in the implementation thereof that caused delay and additional cost.
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