GMA, GARCI CLEARED IN '04 POLL BRIBERY / DOJ: GMA
NOT YET OFF THE HOOK
MANILA, JUNE
8, 2012 (PHILSTAR) By Reinir
Padua - The Office of the Ombudsman yesterday junked for insufficient evidence a
bribery complaint against former President and now Pampanga Rep. Gloria
Macapagal-Arroyo stemming from alleged fraud in the May 2004 general elections.
Ombudsman Conchita Carpio-Morales also cleared former elections commissioner
Virgilio Garcillano, former Civil Aviation Authority of the Philippines director
general and Philippine Ports Authority general manager Alfonso Cusi, PPA manager
Efren Bollozos, former justice secretary Agnes Devanadera, former Shariah
Circuit Court judge Nagamura Moner and the former president's husband Jose
Miguel Arroyo.
In a 43-page resolution approved on May 25, the Ombudsman said the evidence
against the seven was insufficient since "the complaint contains bare
allegations and pieces of evidence that are unsubscribed, unauthenticated and
recanted affidavits or statements."
The Ombudsman said the allegations "could not create a well-founded belief
that the crimes have been committed and that the accused were probably guilty
thereof and should stand trial" under the Anti-Graft and Corrupt Practices Act.
The case stemmed from a complaint filed in August 2011 by Pacasirang Batidor,
Ahmare Balt Lucman, Hadji Rashid Limbona, and Hadji Abdullah Dalidig.
They alleged the respondents conspired to cheat during the 2004 elections,
particularly in Lanao del Norte, Lanao del Sur, Tawi-Tawi, Sultan Kudarat, and
Cotabato City.
The complaint claimed, among others, that the respondents during the 2004
elections in Mindanao 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.
The Ombudsman noted, however, that the complainants were not able to identify
the election officials that received the supposed bribe.
"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...
the supposed recipients of the bribe were not named or sufficiently identified,"
the Ombudsman said.
As for allegations of conspiracy, the Ombudsman said the complaints failed to
prove its existence.
"For conspiracy to exist, two or more persons must come to an agreement
concerning the commission of a felony and decide to commit it," the Ombudsman
said.
The Ombudsman said the same degree of proof required for establishing the
crime was also required to support a finding of conspiracy and it must never be
presumed.
Mrs. Arroyo, under hospital arrest at the Veterans Memorial Medical Center in
Quezon City, is currently facing graft and electoral sabotage cases.
Her husband Mike is also facing a separate graft case.
FROM INQUIRER
De Lima: Arroyo not yet off the hook despite junking of graft
case By Tetch Torres INQUIRER.net 2:45 pm | Thursday, June 7th, 2012
MANILA, Philippines—Justice Secretary Leila De Lima said former
President Gloria Macapagal-Arroyo is not yet off the hook even if the Office of
the Ombudsman dismissed the graft and bribery case against her.
On Wednesday, the Office of the Ombudsman dismissed the case against Arroyo,
former Commission on Elections (COMELEC) Commissioner Virgilio Garcillano,
former Civil Aviation Authority of the Philippines (CAAP) Director General and
former Philippine Ports Authority (PPA) General Manger Alfonso Cusi, PPA Manager
Efren Bollozos, former Department of Justice (DOJ) Secretary Agnes Devanadera,
former Shariah Circuit Court Judge Nagamura Moner, and former First Gentleman
Jose Miguel Arroyo for insufficiency of evidence.
The case is in connection with the 2004 elections in Lanao Del Norte, Lanao
del Sur, Tawi-Tawi, Sultan Kudarat, and Cotabato City. The complaint was filed
in August 2011 by Pacasirang Batidor, Ahmare Balt Lucman, Hadji Rashid Limbona
and Hadji Abdullah D. Dalidig.
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 a
plot to rig the poll results in the region.
"Double jeopardy does not apply in this case. I think the bases [in
dismissing this case] was insufficiency of evidence and therefore no probable
cause so it does not preclude the filing of another case if and when the proper
case is filed when there is already sufficiency of evidence," De Lima said.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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