PLUNDER CHARGES OVER PCSO MESS VS GMA & URIARTE WILL BE FUTILE - ESCUDERO
MANILA, JULY 11, 2011 (TRIBUNE) By Angie M. Rosales - Pursuing plunder charges against former President and now Pampanga Rep. Gloria Arroyo along with her alleged close associate, Philippine Charity Sweepstakes Office (PCSO) vice chairman and general manager Rosario Uriarte, will be futile due to lack of evidence despite the supposed exposés on the misuse of funds made by officials appointed by President Aquino in the state lottery agency and the most that can be levelled against both is malversation of public funds.
Sen. Francis Escudero yesterday pointed out the apparent lack of evidence to prove "personal gains" on the part of Arroyo and Uriarte in the use of the charity funds of PCSO, the total of which allegedly amounted to P325 million.
Senate blue ribbon committee chairman Sen. Teofisto Guingona III had raised the possibility of filing plunder charges against Arroyo and Uriarte since the alleged diverted PCSO funds totaled more than P50 million but Escudero said that exceeding the amount does not automatically result in a plunder case.
"Based on revelations, confessions made by the former general manager, there is a basis to file charges of malversation of public funds (against them)," he said.
"It will be more difficult to prove plunder (in court) because there is personal gain involved in filing that kind of charges. Not because P50 million is involved, it should immediately be considered (a possible case of) plunder. Even if it would be a lesser crime, at least the liability is clearer," the administration senator said.
In last Thursday's hearing by the Senate blue ribbon committee it was found out that the accumulated additional intelligence funds spent by PCSO from 2008 to 2010 amounted to P325 million and the bulk of which, P150 million was used just several months before the last national elections or the last few months of Arroyo's expiring term.
Escudero, chairman of the committee on justice and human rights, noted Uriarte's testimony that instead of spending the appropriation for intelligence-gathering purposes, it was used to pay for "blood money" of incarcerated overseas Filipino workers (OFWs) claiming this is allowed since the PCSO "cover expenses for relief operations during calamities."
"Even if the intent was good, still, it's not within the requirements provided by law as to how to make use of these funds. That's what I've been pointing out as malversation," he said.
Escudero, who was surprised at the way the PCSO's intelligence funds were approved and disbursed without regard to the proper procedure said Uriarte's admission to the misappropriation of the agency's intelligence funds could be used as basis for filing malversation charges against her.
Escudero said that under the law, any public officer who misuses or misappropriates public funds is guilty of malversation and could face life imprisonment under the Revised Penal Code.
Number 4 of Article 217 of the Revised Penal Code states that "the penalty of reclusion temporal in its medium and maximum periods, if the amount involved is more than 12, 000 pesos but is less than 22, 000 pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua."
Even if the Senate's probe is still ongoing, the Office of the Ombudsman or the Department of Justice (DoJ) can already initiate preliminary investigation to pave for the formal filing of malversation or technical malversation of funds charges and other possible crimes based on the sworn statements and affidavits made in the proceedings.
Arroyo, he said, may not be spared from the charges since she alleged to be the one who approved, signed the funding allocation and supposedly was made aware on the use of these resources.
"Again, it is an after study. At the very least prima facie, case to file against her," he said.
But unlike his colleagues, Escudero would not easily jump into conclusions that the funds were used for election purposes, particularly during the 2010 national polls.
"The impression on intelligence funds is that it need not be liquidated and can be used even for personal use. Probably what the Senate, the NBI (National Bureau of Investigation) or DoJ (Department of Justice) should do is conduct a lifestyle check on Uriarte, to know whether she has amassed wealth not corresponding to her salary or income tax return," he said.
Renowned lawyer Romulo Macalintal, meanwhile, called on government to immediately halt dragging the names of the Roman Catholic bishops who received money from the Philippine Charity Sweepstakes Office (PCSO) and singling out the Church as if it was the only recipient of such help.
"Let us put an immediate halt on further dragging these bishops and the Catholic church on this PCSO issue and for singling out the Catholic church as if it were the only religious institution that had received donations from (it)," Macalintal said. `
In addition, Macalintal stressed that there was "no compelling reason" for bishops who had indeed received PCSO money to purchase utility vehicles to attend the Senate hearing on the PCSO case.
"Insofar as these bishops are concerned, the facts are not controverted in that they do not deny receiving the funds, that the funds were spent to buy the vehicles and that the vehicles would be used for charitable and social services related to church activities," he said.
According to Macalintal, who is a lector and commentator at the Roman Catholic Church's Las Piñas City parish, the only time when the bishops and other such witnesses could be compelled to attend was "if there's a pending bill or resolution in Congress" with their testimonies needed "in aid of legislation."
"I do not see what else are needed by the Senate from these bishops that our senators could not come up with bills to have a better PCSO without (their) testimonies," said Macalintal, adding that the bishops had already decided to return said PCSO funds used to purchase said cars in the first place.
"After all, it is not denied that the vehicles were used for charitable and social services which in effect is the Church's way of assisting the government in reaching out the poor which the government could not reach anymore but through the priests and religious leaders,"Macalintal added.
Catholic bishops are already discussing how to investigate allegations that seven of them received luxury vehicles as gifts from a government lottery, a church official said.
The bishops, who are holding their twice-annual meeting behind closed doors in Manila this weekend, are still discussing how to take up the allegations which have tied them to alleged corruption, said Monsignor Pedro Quitorio.
"It is hard for them, their names have been destroyed," said Quitorio, the church media officer, referring to the seven bishops named.
"However if this investigation can help in opening up the can of worms in the (government lottery), then at least something good will come out of their suffering," he said.
State lottery officials previously alleged that bishops were given Mitsubishi Pajeros and large donations from then-president Gloria Arroyo in 2007-2010 to get their support.
The cars and donations, allegedly financed using state lottery funds, helped bolster Arroyo's position during her impeachment crisis over alleged corruption and vote fraud.
Quitorio said it was still difficult to say if the seven bishops were guilty or innocent, adding that the bishops' assembly was still deciding how to handle the matter.
The Philippine Senate is investigating the allegations and has threatened to summon the bishops to a hearing.
Previously, the head of the bishops' conference, Nereo Odchimar, sent a letter to the Senate, saying the church officials believed there was no violation of the law.
The church leaders' organisation also said in a separate statement that three of the bishops received lottery cash for "social projects" and had used some of the funds to purchase vehicles for those projects.
The statement said bishops had chosen more humble vehicles, such as used pick-up trucks, rather than the luxury Pajeros. Ted Boehnert, AFP
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