Ombudsman insists Arroyo guilty of plunder in PCSO case

Ombudsman Conchita Carpio Morales on Wednesday lamented the Supreme Court’s decision dismissing the plunder case of former president now Pampanga congresswoman Gloria Macapagal-Arroyo, saying that her office was confident that it was able to prove her guilt beyond reasonable doubt.

In a press conference, Morales, a retired Supreme Court Associate Justice, said the Office of the Special Prosecutor was able to present ample documentary exhibits, transcripts of stenographic notes of witnesses’ testimonies and folders of evidence that would prove Arroyo is guilty beyond reasonable doubt of plunder.

“We are able to present strong evidence of 630 plus documentary exhibits, testimony of so many witnesses… as well as 40 plus folder records of the case,” Morales said.

“To us these are exhaustive records which reflect that the prosecution was able to prove [guilt] beyond reasonable doubt of the accused,” Morales said.

She said her office would file a motion for reconsideration, among many other legal remedies which she would not disclose to her detractors.

“Marami tayong (We have many) legal options. I’m not going to place the cards on the table. I don’t want to open the eyes of our detractors,” Morales said.

Morales said she believed the prosecuting panel did its best and the Sandiganbayan did its work in denying Arroyo’s petitions for bail for plunder.

“As far as I’m concerned in this particular case, walang pagkukulang ang prosecution. It did its best.. It is best to filter the facts from the impurities. I believe the Sandiganbayan also did its work very well,” Morales said.

She said the prosecution was able to prove that Arroyo acted as a co-conspirator in diverting a total of P366 million of intelligence funds from the PCSO for personal gain.

Morales cited the testimony one of the accused, PCSO budget officer Benigno Aguas, to stress her point.

“One of the co-accused, Aguas, certified under oath that P244 million plus intelligence funds… went to Malacañang, and P140 million of that we’re given to the Office of the President in January to June 2010, which was parenthetically an election period,” Morales said.

READ: SC also junks plunder case vs Arroyo co-accused Aguas 

She said the Armed Forces of the Philippines and the National Bureau of Investigation, which were supposed to be beneficiaries of the intelligence budget, denied that they requested such fund or received any of it.

“If the Supreme Court indeed believes the evidence of the prosecution is insufficient, we believe otherwise. Because the alleged intelligence funds went to the Armed Forces of the Philippines and the National Bureau of Investigation but denied that there was any request for intelligence funds and denied having been a beneficiary of any amount from the PCSO,” Morales said.

Morales said flight is an indication of guilt in so far as the case of former PCSO General Manager Rosario Uriarte, a close associate of Arroyo who remains at large. Uriarte allegedly withdrew the cash advances involving the subject Confidential and Intelligence Funds (CIF).

READ: Gloria Macapagal-Arroyo and Rosario Uriarte ties go a long way back to DTI days

“Let me inform you that one of the accused conspirators of Gloria, Uriarte, has remained at large. Either she’s at large or below the ground, no one has informed of her presence these days… If you are innocent, then you’re as bold as a lion. Flight also indicates guilt,” Morales said.

On Tuesday, the high court granted Arroyo’s petition to dismiss the case and thus junked the case for “insufficiency of evidence.”

READ: SC junks remaining Arroyo plunder case, sets her free

Arroyo was charged with plunder for allegedly diverting P366 million in Philippine Charity Sweepstakes Office intelligence funds intended for charity use for her personal gain during her term as president from 2008 to 2010.

The Sandiganbayan First Division has repeatedly denied Arroyo’s petition for bail and demurrer to evidence in the plunder rap.

Arroyo’s lawyers said the dismissal of the case is equivalent of acquitting Arroyo from plunder.

Morales said Arroyo should not be celebrating yet and should wait for the Ombudsman’s ongoing preliminary investigation of a plunder and malversation complaint against Arroyo over the alleged misuse of P57 million PCSO intelligence funds from 2004 to 2007.

Morales said the filing of another plunder case would not constitute double jeopardy because the investigation would focus on an earlier period involving intelligence fund misuse.

If the Ombudsman finds probable cause, it would file the case to the Sandiganbayan which, if it finds probable cause, would send Arroyo back in detention.

READ: Ombudsman probing Arroyo for second plunder charge

Morales said that the Sandiganbayan did its job well in the denial of Arroyo’s demurrer to evidence that clearly established Arroyo’s guilt for plunder.

READ: Sandigan denies Arroyo move to junk evidence in PCSO plunder case

“Let me emphasize that the Sandiganbayan in its decision denying the demurrer to evidence clearly explains why the accused is guilty of plunder,” Morales said.

Morales maintained the Ombudsman’s independence from politics and asserted that it did not take orders from former president Benigno Aquino III in going after his political enemies, including Arroyo.

“We are independent. We do not take orders from the president. We don’t take signals from the president. We do our duty in accordance with what’s expected of us. Wala kaming sinusundang guidelines or orders. It’s unfair to charge us to be lapdogs of the (Aquino) administration,” Morales said.

Besides her plunder case, Arroyo also faces charges of graft and breach of Code of Conduct for public officials in connection with the $329 million National Broadband Network (NBN) deal with Chinese telecommunications giant ZTE.

Morales said her office remains confident of securing Arroyo’s conviction in the NBN-ZTE case.

Arroyo has filed before the Sandiganbayan for permission to file a demurrer in her bid to dismiss the case for lack of evidence. A demurrer seeks to dismiss the grounds set by the prosecution against an accused.

READ: Arroyo denies graft charges in broadband deal with China firm

Arroyo was charged with two counts of graft for approving the NBN deal despite being disadvantageous to government and despite knowing its irregularities. She was also accused of having personal gain in the contract.

Arroyo was also charged with one count of violating the Code of Conduct and Ethical Standards for Public Officials and Employees or Republic Act 6713 for having lunch and playing golf with ZTE officials while the broadband project proposal was still being assessed by government.

READ: What Went Before: The NBN-ZTE deal

The 2007 NBN-ZTE project would have interconnected government offices nationwide through broadband technology. CDG

RELATED STORIES

SC: Evidence vs Arroyo insufficient; see how the justices voted

Arroyo on acquittal: Justice, righteousness prevailed

RELATED VIDEOS