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Thursday, February 28, 2008
Graft, plunder filed vs Arroyo
MANILA -- Two civic groups filed a complaint of plunder and corruption Wednesday against President Gloria Macapagal-Arroyo amid growing calls for her to resign after her husband was implicated in a large-scale bribery scandal.
Led by former Senate President Jovito Salonga, the nationalist groups Kilosbayan and Bantay Katarungan accused Arroyo of violating ethical standards when she signed a US$329 million telecommunications contract with Chinese company ZTE Corp. despite being warned of anomalies in the deal the night before.
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Salonga said the charges were based on Mrs. Arroyo's admission last February 23 in an interview with the Manila-based radio station DZRH in which she said she had known of the irregularity of the contract the night before the signing in Boao, China on April 20, 2007.
"The foregoing violation were committed under the circumstances when respondent (Arroyo), by her own express admission in a televised radio interview over DZRH made on or around February 23, 2008, and which interview was thereafter widely replayed and reported in the broadcast and print media," said the complaint of the Kilosbayan and Bantay Katarungan, which Salonga heads.
The former lawmaker said the second circumstance was the admission before the Senate of acting Commission on Higher Education (Ched) chairman Romulo Neri, that he reported to Mrs. Arroyo the alleged offer of about P200 million in bribe money by then election chairman Benjamin Abalos Sr.
Neri was then the secretary general of the National Economic and Development Authority (Neda).
Salonga said by allowing the contract to proceed despite Neri's report is more than enough evidence to warrant the filing of charges against the Chief Executive.
"Respondent, despite the foregoing knowledge, did not stop or suspend the deal, let alone order its investigation, but instead went on to authorize and sanction the signing of the national broadband network (NBN)-ZTE agreement between her, Transportation Secretary Leandro Mendoza and ZTE Corp. vice president Yu Yong," said Salonga.
He said by canceling the contract only five months after her having known of the anomaly and only after the Supreme Court (SC) stopped its implementation and the Senate had already exposed the scandal would show that the President is remiss in her duty to uphold the law.
The complaint was filed at the Office of the Ombudsman, the constitutionally independent body investigating graft and corruption among public officials. Investigators may file charges in court if there is enough evidence.
At least two other criminal complaints have been filed with the Ombudsman against Arroyo, but they remain unresolved.
Salonga said they would ask Ombudsman Merceditas Gutierrez and her deputy Orlando Casimiro to inhibit themselves from hearing the case citing their "bad experiences" in the past especially when the Ombudsman ruled against their complaint against Comelec officials in the multimillion-peso computerization project, which the SC had earlier voided.
"We are calling for a fair and impartial probe on the matter and we will ask the ombudsman and his deputy to rescue from hearing the case," he said.
On the question of the President's immunity from suit, Salonga said: "She (Arroyo) is indeed immune from suits but not from investigation."
"The Constitution said that the President is immune from suits but not from any investigation and the Ombudsman is likewise mandated to conduct and subject to investigation any public officials even if he or she is the President," Salonga added.
He said there is a precedent in such a case citing a similar case filed by then ombudsman Aniano Desierto against former President Joseph Estrada.
Salonga said the violations committed by Mrs. Arroyo were "impeachable offense", but doubted that one would prosper despite the controversy generated by the allegation of overprice and bribery in the NBN contract, saying the House of Representatives where an impeachment complaint would originate is in the hands of the President. (AH/Sunnex/With AP)
For more Philippine news, visit Sun.Star Dumaguete. (February 28, 2008 issue)
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