Author Topic: Ombudsman finds insufficient evidence in bribery, corruption charges  (Read 450 times)

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Ombudsman finds insufficient evidence in bribery, corruption charges in 2004 elections vs. GMA, et al.
06 June 2012

     For insufficiency of evidence, Ombudsman Conchita Carpio Morales dismissed the criminal charges against former President and incumbent Representative Gloria Macapagal Arroyo (GMA) and six other respondents who allegedly, in conspiracy, committed bribery under Articles 210 and 211 of the Revised Penal Code and violated Section 3 (a) and (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act during the May 2004 elections in Lanao Del Norte, Lanao del Sur, Tawi-Tawi, Sultan Kudarat, and Cotabato City.
 
     The case stemmed from the complaint filed in August 2011 by Pacasirang Batidor, Ahmare Balt Lucman, Hadji Rashid Limbona and Hadji Abdullah D. Dalidig against GMA, former Commission on Elections (COMELEC) Commissioner Virgilio Garcillano, former Civil Aviation Authority of the Philippines (CAAP) Director General and former former Philippine Ports Authority (PPA) General Manger Alfonso Cusi, PPA Manager Efren Ballozos, former Department of Justice (DOJ) Secretary Agnes Devanadera, former Shariah Circuit Court Judge Nagamura Moner, and former First Gentleman Jose Miguel Arroyo.
 
     The complaint alleges, among other things, that the respondents, during the 2004 May elections in the identified Mindanao areas, provided transportation through the grant of 12 multi-cab vehicles and the use of a helicopter, and distributed envelopes containing money to unidentified election officers, in perpetuation of the alleged electoral fraud.
     
     In the 43-page Resolution approved on May 25, 2012, the Ombudsman found the evidence insufficient since “the complaint contains bare allegations and pieces of evidence that are unsubscribed, unauthenticated and recanted affidavits or statements” which cannot engender a well-founded belief that the crimes have been committed and that the accused are probably guilty thereof and should stand trial.   
 
     On the allegation of bribery, the Resolution stated that “in bribery, it is essential that the recipient of the bribe is a public officer.  Hence before a prosecutor can declare that there is probable cause for said felony, there should be proof or showing that the recipient is indeed a public officer. In the present case, nothing of that sort appears.  In fact, as already intimated, the supposed recipients of the bribe were not named or sufficiently identified.”

     The Resolution stated that “for conspiracy to exist, two or more persons must come to an agreement concerning the commission of a felony and decide to commit it.”  It explained that the same degree of proof required for establishing the crime is likewise required to support a finding of conspiracy, hence, conspiracy must never be presumed.

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