Arroyo’s lawyers buck merger of 3 graft cases vs former president
Lawyers of former President Gloria Macapagal-Arroyo on Friday opposed the consolidation of three cases against her involving a graft-ridden broadband Internet deal with the Chinese telecommunications giant ZTE Corp.
One of the lawyers, Estelito Mendoza, told the Sandiganbayan Fourth Division that the consolidation of two graft cases and one ethics case violated her rights as an accused.
Mendoza said that while the three charges are consolidated into one case, Arroyo is exposed to “possible conviction” in three crimes.
“In our view, the consolidation of cases is not allowed,” Mendoza told reporters after Friday’s hearing. “It violates the constitutional requirement that an accused shall be informed of the nature and cause of the accusation against him and that an information can charge only one offense.” Hence, Mendoza said, the consolidation was “prejudicial” to Arroyo.
The lawyers for the other accused, Arroyo’s husband, Jose Miguel Arroyo, and former Transportation Secretary Leandro Mendoza, adopted Mendoza’s position.
Also an accused in one of the graft cases is former Commission on Elections (Comelec) Chairman Benjamin Abalos Sr.
Justice Gregory Ong, chair of the Forth Division, gave the prosecution 15 days to comment on the defense motion for reconsideration of the consolidation of the cases.
Arroyo was charged with two counts of graft and one count of violation of the Code of Conduct and Ethical Standards for Public Officials and Employees for approving a $329-million contract for a national broadband network (NBN) with ZTE Corp.
Mike Arroyo, Abalos and Mendoza were charged along with her in one of the graft cases.
Arroyo canceled the NBN contract in 2008 after a Senate investigation showed that the project was overpriced to accommodate kickbacks for high officials. The contract was originally priced at $130 million.
Arroyo, who now holds her Pampanga district’s seat in the House of Representatives, is detained at the Veterans Memorial Medical Center in Quezon City on charges of electoral sabotage that the Comelec has brought against her.
Ong also gave the defense five days to reply to the prosecution’s opposition to their earlier motion for the production of evidence against Arroyo and her co-accused in preparation for pretrial.
The prosecution had argued that the documents being sought by the defense were already in the possession of the court, and that the discretion on whether to allow the production of evidence lay with the court.
“I don’t understand why the prosecution opposes that,” Mendoza said. “It’s the essence of a criminal case that the prosecution is not out to convict but to ferret out the truth. If they have statements favorable or unfavorable to the accused so that the accused may properly prepare for trial, then they should provide the accused” with copies of the documents, Mendoza said.
