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Ombudsman files graft cases re: NBN ZTE deal
29 December 2011 - source, Ombudsman Website

The Office of the Ombudsman filed with the Sandiganbayan yesterday afternoon three Informations against former President Gloria Macapagal Arroyo (GMA) in connection with the NBN-ZTE deal.

Ombudsman Conchita Carpio Morales approved yesterday the 43-page Resolution submitted on December 23, 2011 by the Investigating Panel that recommended the filing of the Informations, after the panel conducted preliminary investigation on the Complaint filed by Bayan Muna Rep. Teddy Casiño, former Gabriela Representative Liza Maza, and BAYAN Chairperson Maria Carolina Pagaduan-Araullo.

GMA was charged with violating (i) Section 3(g) of Republic Act (RA) No. 3019 or the Anti-Graft and Corrupt Practices Act, (ii) Section 3(i) of RA 3019, and (iii) Section 7(d) of RA No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Likewise charged in the first Information of having conspired with GMA were former First Gentleman Jose Miguel Arroyo, former Department of Transportation and Communications (DOTC) Secretary Leandro Mendoza, and former Commission on Elections (Comelec) Chairman Benjamin Abalos, Sr.

The five-person Investigating Panel, composed of Assistant Ombudsman Marilou Ancheta-Mejica, Director Nellie Boguen-Golez, Assistant Special Prosecutor III Roland Galvan, Graft Investigation and Prosecution Officer II (GIPO II) Leilani Tagulao-Marquez, and GIPO II Richard Buban, was given thirty (30) days, in an Office Order dated November 23, 2011, within which to complete the preliminary investigation and submit its report and recommendations.

Under RA 3019, Section 3(g) penalizes the act of “[e]ntering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to same, whether or not the public officer profited or will profit thereby;” while Section 3(i) penalizes that of “[d]irectly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group” wherein “nterest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transactions or acts by the board, panel, group to which they belong.”

Under RA 6713, Section 7(d) prohibits public officials and employees from “solicit[ing] or accept[ing], directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.”

In the same Resolution, the Office of the Ombudsman dismissed for insufficiency of evidence the criminal charge of plunder as against the four respondents, the criminal charges of violations of Section 3 (b) and (e) of RA 3019 as against GMA, Mr. Arroyo and Mr. Mendoza; and the criminal charge of Section 7 (d) of RA 6713 as against Mr. Arroyo and Mr. Mendoza. The criminal charge of violations of Sections 4 and 5 of RA 3019 against Mr. Arroyo was also dismissed for lack of jurisdiction. Moreover, the panel recommended the conduct of fact-finding investigation against Emmanuel Ang, Philippine Commercial Attaché, for Infidelity in the Custody of Documents.

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