DAP worse than PCSO confidential fund release, says Arroyo lawyer

If former President Gloria Macapagal-Arroyo is facing plunder trial for approving the release of a P365.9-million confidential fund to the Philippine Charity Sweepstakes Office (PCSO), then President Benigno Aquino III and Budget Secretary Florencio Abad have “a lot to worry about” for approving the release of the Disbursement Acceleration Program (DAP) funds, according to former Solicitor General Estelito Mendoza.

Mendoza, lawyer of the former president and now Pampanga Representative Arroyo, on Thursday said that DAP was worse than the PCSO confidential fund.

Arroyo is facing a plunder case before the Sandiganbayan for authorizing the release of the PCSO confidential fund.

The Supreme Court recently ordered the Sandiganbayan to stop the proceedings of the plunder case for 30 days. The high court issued the order to give them time to decide on Arroyo’s bid for temporary liberty.

Mendoza said that in denying Arroyo’s bail bid, as well as her demurrer to evidence, the Sandiganbayan had redefined the plunder law.

Under the law, one can be prosecuted and convicted of plunder by acquiring, amassing and accumulating ill-gotten wealth of at least P50-million through a series or combination of acts.

The prosecution, according to Mendoza, has presented 637 documents and 21 witnesses but none prove that Arroyo has pocketed even a single centavo from the PCSO confidential fund.

“In other words not one exhibit, not one witness testified that she got a single peso, she got hold of or she even touched, she even smelled a single peso of the P365 million she supposedly plundered from the government,” Mendoza said.

Even the Sandiganbayan, Mendoza said, acknowledged such fact in their ruling denying Arroyo’s motion.

He said the Sandiganbayan’s basis in denying her motion was that she authorized the release of the confidential fund, which was not among the elements of plunder.

“If the authorization by President Arroyo to authorize release of confidential and intelligence funds to PCSO already constitutes raiding the treasury and the crime of plunder, how would you characterize the authorization by Secretary Abad in releasing DAP funds with the consent of President Aquino?” Mendoza said.

“Would that not be equally a raid of the treasury, would that not be a plunder?”

He added that DAP was worse because it had been declared illegal by the Supreme Court.

In the case of the release of confidential funds to PCSO, Mendoza said: “There is no Supreme Court finding that the release by President Arroyo of the confidential funds is illegal. It is authorized by letter of intent which under our Constitution continuous to be valid and effective.” Tetch Torres-Tupas/RC