|
Wednesday, March 26, 2008
Ombud junks motion to summon Arroyo over NBN probe
MANILA -- The special investigation panel created by the Office of the Ombudsman dismissed Tuesday a motion to summon President Gloria Macapagal-Arroyo to answer criminal offenses imputed against her to conduct public hearings on alleged anomalies in the US$329 million national broadband network (NBN)-ZTE project.
University of the Philippines-College of Law professor Harry Roque, a lawyer by profession, made the motion couched on the Supreme Court (SC) pronouncements in the case of Estrada v. Desierto, which scrapped the theory of absolute immunity for an incumbent Chief Executive.
Arroyo Watch: Sun.Star blog on President Arroyo
Panel chairman and Deputy Ombudsman Emilio Gonzales however said the committee denied Roque's motion on the ground that the ongoing inquiry will determine basis for criminal prosecution not just a possible impeachment complaint against Arroyo.
The Ombudsman panel also cited the President's immunity from suit in junking the petition of Roque.
Walk-out
After hearing the panel's ruling, Roque asked to be excused from the proceedings saying he would only be wasting time by staying on. He accused the Ombudsman of being "bias" in dispensing its ruling.
He, however, clarified that he was not walking out but simply wanted to devote more time preparing his group's arguments when they elevate the issue of Arroyo's immunity from a criminal investigation before the SC.
"The denial is very material because our complaint against our primary respondent has been dismissed on what I think and believe to be based on flawed legal grounds. I would now like time to prepare for my legal challenge against the order of this panel," Roque said.
Arroyo was accused of dereliction of official duties and obstruction for failure to act on the report of Commission on Higher Education (Ched) chairman Romulo Neri that he was offered a P200 million bribe to make a favorable recommendation on the ZTE proposal.
The bribe offer reportedly came from then Commission on Elections (Comelec) chairman Benjamin Abalos Sr., who was also named a respondent along with the President, her husband First Gentleman Jose Miguel "Mike" Arroyo, and Neri.
Roque and former Vice President Teofisto Guingona Jr. also sought Arroyo's indictment for graft over alleged injury caused to the government by her actions and unwarranted benefits extended to other parties.
Roque said the Ombudsman panel's ruling only served to reinforce the people's doubts on the integrity of the inquiry.
He expressed confidence that the high court will reverse the Ombudsman ruling.
Shouting match
During the hearing, lawyer-complainant Ernesto Francisco engaged Gonzales in a shouting match over his motion accusing the investigating panel of lying.
Francisco said his personal inquiry at the Senate revealed that the Ombudsman did not make any request for the complete records of the legislative chamber's investigation on the NBN-ZTE deal.
This was contrary to the panel's statement that it has asked the Senate for said records and is just awaiting delivery of the transcripts and other documents.
Gonzales objected to being tagged as a liar and demanded that Francisco withdraw the accusation.
Francisco however insisted that he is standing by the result of his own inquiries at the Senate that the panel hoodwinked the complainants and the respondents into thinking that the complete Senate records of the NBN-ZTE hearings are being secured.
He stressed the importance of the testimonies of Neri and NBN whistleblowers Rodolfo Lozada Jr. and Jose "Joey" de Venecia III in ascertaining basis for criminal indictments of the respondents.
To diffuse the tension, Deputy Special Prosecutor Robet Kallos called for a 15-minute recess. At the resumption of the hearing, Gonzales stated on record that the panel will send a request within the day to the Senate for the records that Francisco identified.
Likewise, the panel chairman said they would summon all the Senate witnesses to appear before the committee to subscribe to the content of their respective testimonies.
Satisfied with the assurances, Francisco agreed to withdraw his motion seeking the disbandment of the entire panel.
Unbecoming
Malacañang, meanwhile, branded as unbecoming the "walk-out" of Roque during the Ombudsman hearing on the NBN-ZTE controversy.
Deputy presidential spokesperson Lorelei Fajardo said it is "sad" that Roque resorted to such display after the Ombudsman rejected their request to subpoena President Arroyo to the investigations.
Fajardo said despite this development, the investigations of the Ombudsman -- which is "an independent body and an independent institution" -- will not be hampered.
"It's very sad. We've been saying that we have to respect our institutions. We have to respect the Ombudsman. But what he (Roque) did at the Office Ombudsman only because they didn't like the decision, I think it's unbecoming," she said.
She also reminded that a sitting president is immune from any lawsuit.
Deputy presidential spokesman Anthony Golez said the immunity prevents any sitting president from being hampered from doing their job.
Golez said they it would be up to the Ombudsman to defend itself or explain its decision but they respect it, stressing that the body is independent from the executive branch. (JMR/Sunnex)
For more Philippine news, visit Sun.Star Pangasinan. (March 26, 2008 issue)
Write letter to the editor. Click here. |
|
|
|
[return to top]
[home]
|
|
Cops rescue 11 children from 'cult'