PHNOI-HL; PROCEDURAL STEPS WAIVED: GOVT RUSHING GMA RE-ARREST IN PLUNDER CASE

PROCEDURAL STEPS WAIVED: GOVT RUSHING GMA
RE-ARREST IN PLUNDER CASE

MANILA, JULY 27, 2012 (MALAYA)
Written by PETER J. G. TABINGO - GOVERNMENT prosecutors yesterday sought
to put former president and now Pampanga Rep. Gloria Arroyo back in detention by
asking for the issuance of an arrest warrant against her and a reconsideration
of the bail granted to her Wednesday by a Pasay City court.
Prosecutor Diosdado V. Calonge asked the Sandiganbayan First Division to
immediately issue arrest warrants against Arroyo and her nine co-accused in a
plunder charge over alleged fraudulent handling of P366 million
confidential/intelligence funds of the Philippine Charity Sweepstakes Office.

Calonge told the graft court that the government will no longer oppose the
defendants' motions to suspend further proceedings, defer the issuance of arrest
warrants, and leave of court to file a motion for reconsideration before the
Office of the Ombudsman so as not to cause further delay in the case.
"We simply moved for the immediate issuance of a warrant of arrest," he
explained.
Calonge said even if the Court allows the defendants to seek reconsideration
of their indictment by the Ombudsman, the court may still issue an arrest
warrant.
Anacleto Diaz, counsel for Arroyo, disagreed, saying such legal shortcut is
not allowed in law.
"The court would make its own independent evaluation of whether or not
probable cause exists. What if the court says there's no probable cause? That is
possible, so there will be no basis to issue a warrant of arrest," he pointed
out.
He stressed that it is a fundamental right of any person to have a full
preliminary investigation.
"The preliminary investigation is incomplete because we only filed our MR
(motion for reconsideration) yesterday. Whether it be plunder or ordinary case,
the law applies equally to all of us," Diaz said.
Accused with Arroyo are former PCSO chairman Sergio O. Velancia; former PCSO
general manager Rosario C. Uriarte; former PCSO directors Manuel L. Morato, Jose
R. Taruc V, Raymundo T. Roquero and Ma. Fatima A. S. Valdes; PCSO budget officer
Benigno B. Aguas; former Commission on Audit chairman Reynaldo A. Villar and
former COA-Intelligence Fund Unit head Nilda B. Plaras.
Lawyer Lorna Kapunan, who sought recognition by the graft court as private
prosecutor representing complainant former Akbayan Rep. Risa
Hontiveros-Baraquel, said the court has already accorded the defendants more
than enough time.
Kapunan said the arrest warrant should have been issued as early as July 20
because the case was filed last July 10. However, the court corrected Kapunan on
the date because the information was filed only on July 16.
Diaz countered that Arroyo has just been released after about eight months in
detention for a poll fraud charge that was not backed by strong evidence.
"How do we repair, how do we restore those eight months? We are only asking
that the proceedings be suspended in the meantime that the Ombudsman is
resolving our motion for reconsideration," he said.
"We cannot be accused of delaying the proceeding. Where's the delay? We
received the official copy of the Ombudsman's resolution only last July 20. We
had until July 25 to file our MR and we filed it yesterday. We did not even ask
for an extension of time," Diaz added.
Ray Montri Santos, counsel for Uriarte, objected to allowing Kapunan to
appear as part of the prosecution panel, saying none of the private complainants
can claim to have personal knowledge of the circumstances and details of the
case.
STRONG EVIDENCE
The Commission on Elections, in a 17-page motion for reconsideration, asked
Pasay City Regional Trial Court Branch 112 Presiding Judge Jesus Mupas to
reconsider his decision to allow Arroyo to post a P1-million bail on the
electoral charges filed against her in connection with alleged irregularities in
the 2007 senatorial elections.
Lawyer Esmeralda Ladra, head of the Comelec law department who signed the
motion, said there is strong evidence of guilt against the former president,
contrary to Mupas' ruling.
Electoral sabotage is a non-bailable offense. However, the court can grant
bail if the evidence against the accused is weak.
The motion was filed at 4:25 p.m., five minutes before the court closed for
the day.
The poll body also asked Mupas to schedule a hearing on its motion at 9 a.m.
on July 30.
The Comelec said it presented 11 witnesses during the bail hearing, with
former Maguindanao administrator Norie Unas as last witness, unlike the defense
which did not present a single witness to rebut the testimonies.
Mupas has said the prosecution failed to adequately establish that Arroyo is
part of a conspiracy to rig the 2007 elections and that it relied on the Unas'
testimony which was uncorroborated and tainted with doubt.
Unas said in his testimony that he heard the Arroyo order then Maguindanao
governor Andal Ampatuan Sr. to ensure the landslide victory of her senatorial
candidates.
Comelec chairman Sixto Brillantes Jr. said the poll body and the Department
of Justice are preparing for the main trial.
Brillantes said government will insist on the credibility of Unas and back up
its line-up of witnesses.
Brillantes said he does not agree that Unas' statement should be corroborated
since only he, Arroyo and Ampatuan were present when the supposed instruction
from Arroyo to rig the poll results was given.
"Meron pa bang magko-corroborate kay Unas kundi si GMA (referring to Arroyo)
lang? Magko-corroborate ba sila e sila yung principal accused? Susundin ba nila
ang sasabihin ni Unas? Siyempre hindi. Pero nag-deny ba sila? Hindi naman sila
nag-dedeny," he said.
Brillantes said Unas is "very credible" and even risked his life to testify
sans government protection.
"He was subjected to cross examination by three lawyers of the three accused.
Nadaanan niya ang lahat na yan. Sino ba ang mas credible, siya o si GMA?
Ampatuan? O Bedol?" he added.
The poll chief said the Comelec did not rush the filing of the electoral
sabotage case against Arroyo.
"It took us four months to complete the case. Asan naman ang nagmamadali
doon?" asked Brillantes.
President Aquino, in a chance interview after the celebration of the 148th
birth anniversary of Apolinario Mabini and the 114th foundation of the
Department of Foreign Affairs in Pasay City, expressed dismay over Mupas'
decision and echoed Brillantes' sentiments.
But he said there is still the Sandiganbayan's decision on the plunder case
to look forward to.
"Meron pang case pending before the Sandiganbayan, plunder, and plunder is
not bailable also. So hinihintay natin iyung desisyon ng Sandiganbayan," he
said.
'LOSER'
Archbishop emeritus Oscar Cruz, a staunch administration critic, said the
granting of bail to Arroyo was a big slap on the face of Aquino and his
anti-corruption campaign.
"I think the loser is the government… (Aquino said) everything will be 'Daang
Matuwid' and that graft and corruption will be done away with. This is a slap to
his face," said Cruz.
He said this is especially true since the decision was handed down right
after Aquino's State of the Nation Address, where he reiterated his mantra.
"Ang tugon ko: Ang magpatawad, maaari; ang makalimot, hindi. Kung ang
nagkasala ay hindi mananagot, gagarantiyahan mo ang pagpapahirap muli sa
sambayanan," said Aquino last Monday.
"I never expected that she would be released on bail. To me, it's a pity
because it's as if there are people who are not covered by the law. For example,
those other people who were accused of election fraud, at hindsight, they are
not given the privilege of bail. Why is it like that?" said Cruz, a former
president of the Catholic Bishops Conference of the Philippines.
CROSSED PATHS
At the Sandiganbayan, around 40 supporters of the former president led by the
group "Karapatan ni GMA" engaged in a confrontation with 25 members of the
anti-Arroyo party-list group Akbayan.
The pro-Arroyos, mostly coming from Pampanga, carried placards and banners
that read: "Kinasu-kasuhan, minadali, kahit mahina ang kaso," while the
anti-group brought placards, stating: "Sandiganbayan, arrest Gloria!" and
"Arrest Gloria for plunder!"
The pro-Arroyo group chanted "Gloria walang sala" while the opposing group
shouted "Ikulong si Gloria!"
Conrad Castillo of Akbayan said they strongly believe the plunder case filed
by the party-list group against Arroyo before the Sandiganbayan was "solid as a
rock that could land Arroyo in jail."
Myrna Ferrer of "Karapatan ni GMA" insisted that no one paid them to go
there.
"Hindi po kami binayaran dito. Kusang loob ito. Pagtanaw namin ito ng utang
na loob sa mga nagawang kabutihan ng aming mahal na Gloria Arroyo," Ferrer said.

Both groups peacefully dispersed before 11 a.m. – With
Ashzel Hachero, Jocelyn Montemayor, Gerard Naval and Angela de Leon



Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE NEWS ONLINE
All
rights reserved




PHILIPPINE
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