The Sandiganbayan Fourth Division dismissed what is left of the graft charges against former president and current Pampanga Rep. Gloria Macapagal Arroyo in connection with the anomalous National Broadband Network (NBN) deal with ZTE.

The decision made by the anti-graft court to grant Arroyo demurrer to evidence officially dismissed all of the cases she is facing for her nine-year term as president.

Arroyo, together with her husband former First Gentleman Mike Arroyo and former Commission on Election chair Benjamin Abalos, was charged with two counts of graft for allowing the NBN-ZTE deal to push through despite not going through the proper process.

Arroyo and company were slapped with charges of violation of Section 3(g) of R.A. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act for reportedly taking advantage of their positions and fast-tracking the deal to the prejudice of the government. </s> The Sandiganbayan’s Fourth Division has dismissed the graft complaint filed against former president and now Rep. Gloria. Macapagal-Arroyo of Pampanga in connection with the botched $329-million national broadband network (NBN) deal.

The court granted the demurrer to evidence filed by Arroyo, her husband Jose Miguel “Mike” Arroyo, and former Commission on Elections Chairman Benjamin Abalos Sr. in the case where they were accused of violating Section 3(g) of the anti-graft law.

The court also granted Arroyo’s demurrer to evidence in case nos. 0468 to 0469 where she was accused of violating Section 3(i) of the anti-graft law and Section 7(d) of the Code of Conduct and Ethical Standards for Public Officials and Employees, respectively.

A demurrer to evidence is filed by an accused after the prosecution completes its presentation of evidence on the ground that the evidence presented are insufficient to convict the accused.

In a statement issued on Friday, defense lawyer Laurence Arroyo thanked the court for vindicating Arroyo.

“We are thankful to the Sandiganbayan for granting our demurrers in the three cases. It’s a well-reasoned decision. I encourage the public to read it. Former President Arroyo has been vindicated anew. She has always kept her faith in the judiciary and our courts have not failed to fearlessly render justice. Our courts have not allowed themselves to be swayed by public opinion or perception. They are bound by the evidence and the evidence alone,” the lawyer said.

Arroyo’s camp had argued that the NBN contract dated April 21, 2007 was inadmissible because it was not authenticated and the prosecution did not present the original of the contract, among others.

The defense also pointed out that the deal never became effective because Arroyo canceled it on October 2, 2007.

“Even assuming arguendo [for the sake of argument]that the NBN contract is admissible, and assuming further that it became effective and was never cancelled, the prosecution failed to prove that it is grossly and manifestly disadvantageous to the Government,” it said.

Arroyo’s lawyers said the prosecution failed to prove that the deal was overpriced at $329 million from $130 million which was supposedly the actual cost of Chinese firm ZTE’s proposal for the national broadband project.

The prosecution likewise failed to prove that the NBN project covered only 30 percent of the country compared with the proposal of Amsterdam Holdings, Inc. (AHI) that would cover 80 percent at less cost, Arroyo’s lawyers argued.

“It is the theory of the prosecution that the NBN contract is grossly and manifestly disadvantageous to the Government because AHI’s proposal is supposedly superior to it. Yet, the prosecution failed to present AHI’s written proposal,” they said.

The defense added that AHI “was not qualified to undertake the NBN project” and that the deal was “in fact, advantageous to the Government.”

The prosecution, it added, failed to prove that the former President was interested, for personal gain, in the approval of the project which required the approval of the National Economic and Development Authority (NEDA) where she served as Chairperson of the Board.

The prosecution also failed to prove that Arroyo knew of Abalos’ alleged attempt to bribe former NEDA Director General Romulo Neri with P200 million for the immediate approval of the proposal and that the deal was approved with alleged haste because it “went through several layers of review,” the defense counsels argued. </s> “IT ain’t no sin if you crack a few laws now and then, just so long as you don’t break any.” That was how the Sandiganbayan concluded its decision junking the remaining corruption case against former President and now Pampanga Rep. Gloria Macapagal-Arroyo over the $329-million national broadband network (NBN) project involving the Chinese multinational company ZTE Corporation. The court’s fourth division quoted the 1937 American movie “Every Day’s A Holiday” in granting two demurrers to evidence in the graft and ethics cases lodged against Arroyo, her husband Jose Miguel Arroyo and former elections chief Benjamin Abalos. The former leader’s lawyer Lawrence Arroyo said Arroyo was deeply grateful for the decision that was filed against her in 2011, a year into the adminisration of former President Benigno Aquino III. “[Mrs. Arroyo] has always kept her faith in the judiciary and our courts have not failed to fearlessly render justice. Our courts have not allowed themselves to be swayed by public opinion or perception,” the lawyer said in a statement. He said the courts’ decisions to grant their demurrers in the NBN-ZTE case, PCSO case, and the P5.4-million civil suit filed against her by a religious group proves the charges she faced were all weak. In its decision, the Sandiganbayan said the prosecution failed to prove that Arroyo was interested in personal gain from the NBN project, which required the discretionary approval of the National Economic and Development Authority board which Mrs. Arroyo chaired when she was President. The Sandiganbayan said the cancellation of the contract on Oct. 2, 2007 proved that Arroyo was not interested in seeing the implementation of the project because she was looking forward to personal gain. Even the fact that Arroyo met with officials of ZTE Corp. in Shenzhen, China in November 2006 did not prove that she accepted favors or gifts from foreign officials.“There was no clear and indubitable proof presented by the prosecution that accused PGMA was the recipient. As a matter of fact, there was no evidence introduced on who made the payment,” the ruling read. The court said the prosecution failed to prove that the NBN-ZTE contract was “grossly and manifestly disadvantageous” to the government. The Sandiganbayan likewise took the prosecution to task for failing to establish the supposed conspiracy between the three officials and then-transportation secretary Leandro Mendoza for the contract to be signed. “This failure to specify the circumstances establishing conspiracy among the four accused is violative of their right to be informed of the accusations hurled against them,” the court said. With the project cancelled during the Arroyo administration, the Sandiganbayan said there was no longer any contract to refer to when the Ombudsman filed the cases against the former President in 2011. Arroyo was charged with one count each of violation of Section 3 (g) and 3 (i) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act and Section 7 (d) of RA 6713 of the Code of Conduct and Ethical Standards for Public Officials and Employees in connection with the NBN deal, which was allegedly overpriced by more than 50 percent of its actual cost of $130 million. The dismissal of the graft case against Mrs. Arroyo came barely two months after the Supreme Court junked the plunder case filed against her in connection with the alleged misuse of the P366-million intelligence fund of the Philippine Charity Sweepstakes Office. </s> With the Sandiganbayan decision to junk the graft case against her, former president and now House Deputy Speaker Gloria Macapagal-Arroyo may take a longer holiday abroad for her medical treatment.

The anti-graft court’s Fourth Division issued the ruling a few days after it granted Arroyo and husband, former Mike Arroyo, their respective motions to travel to Germany, France and Hong Kong starting Sunday.

However, sources from the Arroyo camp said that the couple is not expected to go beyond the October 3 limit for their return to the Philippines.

The former chief executive will go to Munich, Germany and Paris, France to consult medical experts on a serious spine condition.

She has also been allowed to go on vacation to Hong kong not earlier than October 29. Close family members will accompany her.

Meanwhile, lawyer Laurence Arroyo lauded the Sandiganbayan for granting the demurrers to the evidence on graft charges filed by the Aquino administration in connection with the ZTE broadband case.

“It’s a well reasoned decision. I encourage the public to read it,” Arroyo said. </s> THE head of a federalism movement allied with the Duterte administration has revealed that two congressmen have agreed to endorse an impeachment complaint prepared against Supreme Court Chief Justice Ma. Lourdes Sereno. Lawyer Larry Gadon, president of the PDU30 Constitutional Reform to Federalism and a senatorial candidate in the 2016 national elections, said the impeachment complaint, one of the many allegedly being readied against Sereno, will cite the same impeachable ground that caused the removal of then SC Chief Justice Renato Corona. In a news forum in Quezon City, Gadon, who also acted as one of the legal advisers to former president and now Pampanga Rep. Gloria Macapagal Arroyo, revealed the impeachment complaint would be filed within two weeks. “All grounds for her impeachment are based on documents, many of them taken from her office,” Gadon said. He said the ground for impeachment is betrayal of public trust. One of the issues raised against Sereno is her alleged failure to include in her Statement of Assets, Liabilities and Net Worth the huge income she received in connection with the multi-billion peso Piatco case. “This is the same accusation that Chief Justice Corona was found guilty of by the Senate impeachment court,” said Gadon. Gadon also cited alleged irregularities in the High Court’s purchase of a 2017 Toyota Land Cruiser SUV last February at a cost of P5,110,500.00.According to him, the Toyota website placed the cost of such vehicle somewhere from P4.4 million to P4.8 million. Gadon claimed two members of the House of Representatives have agreed to endorse the complaint. Saying he was ready to face SC’s wrath in retaliation for his actions, Gadon said Sereno should also explain the “unwarranted delay” in the resolution of various court petitions filed by Arroyo whom he described as a victim of political persecution under the previous government administration. Among the legal issues raised by Arroyo were Sandiganbayan rulings rejecting her appeal for grant of bail, review of plunder information filed by the Ombudsman and the demurrer to the evidence. After the change of national leadership last year, the High Court issued a decision that cleared Arroyo of plunder charges filed during the Aquino administration and freed her after nearly five years of detention. “How many cases filed by the GMA camp did the SC sat on?” Gadon asked. He also lamented the decision of the High Court to transfer the hearings of suspected Maute terrorists in Cagayan de Oro City, saying the venue could be dangerous to government prosecutors and witnesses due to its proximity from suspected lairs of the terror group. </s> “Your favorable action on this matter would not only serve the noble ends of international criminal justice, but would also be the beginning of the end of this dark, obscene, murderous and evil era in the Philippines,”sabi Sabio kay ICC chief prosecutor Fatou Bensouda.

 Ito ang unang pagkakataon na kinasuhan ang isang presidente ng krimen laban sa sangkatauhan.

 “Crimes against humanity are crimes of universal jurisdiction, but where a State like the Philippines fails to assume such universal jurisdiction for crimes against humanity continuously being committed in its very own territory, then the International Criminal Court will have to intervene into a situation that is grave by any human standard,” dagdag ni Sabio.

 Idinagdag ni Sabio na tinatayang mahigit 7,000 na ang napapatay dahil sa kampanya kontra droga ni Duterte sa loob lamang ng walong buwan, kumpara sa 3,000 napatay sa 20-taong rehimen ni yumaong pangulong Ferdinand Marcos.

 Bukod kay Duterte, kinasuhan din sina Justice Secretary Vitaliano Aguirre; Philippine National Police (PNP) Director Ronald de la Rosa; Supt. Edilberto Leonardo; Supt. Royina Garma; House Speaker Pantaleon Alvarez; dating Interior secretary Ismael Sueno; SPO4 Sanson “Sonny” Buenaventura; National Bureau of Investigation Director Dante Gierran; Solicitor General Jose Calida; Senator Richard Gordo; at Senator Alan Peter Cayetano.

 Maaaring ipaaresto ng mga judge Pre-Trial Chamber sina Duterte at iba pang akusado sakaling makitaan ng ebidensiya na sangkot nga sila sa mga krimen laban sa sangkatauhan. </s> MANILA — The Sandiganbayan on Friday convicted former First Lady and now Ilocos Norte 2nd District Rep. Imelda Marcos of seven counts of graft due to her “financial interests and participation in the management of private foundations in Switzerland” when she served as a Cabinet official during her late husband’s term.

The anti-graft court also sentenced Marcos “to suffer the penalty of imprisonment of from six years and one month as minimum, up to 11 years as maximum for each count of the graft case filed against her.” She is also perpetually disqualified from holding any public post.

The Sandiganbayan, likewise, ordered her to explain why she was unable to attend the promulgation of the sentence as neither she nor her lawyers were present.

Assistant Special Prosecutor Ryan Quilala said the former First Lady would not be automatically imprisoned as she can still file an appeal before the Supreme Court.

The promulgation of the sentence took so long because majority of the witnesses are already dead, Quilala added.

The Sandiganbayan 5th Division said Marcos is “guilty beyond reasonable doubt in seven counts of violation of Republic Act No. 3019, otherwise known as the ‘Anti-Graft and Corrupt Practices Act”.

The Sandiganbayan added that the prosecution has proven that she has “financial interest” in some private enterprises, in violation of RA 3019.

In the case information filed in 1991, Marcos was charged with 10 counts of graft for her alleged interests and participation in the management of some private foundations in Switzerland from 1978 to 1984.

The questionable foundations were the Vibur Foundation, Maler Establishment, Trinidad Foundation, Rayby Foundation, Palmy Foundation, Aguamina Foundation, and Avertina Foundation.

It was learned that Marcos, a former minister of Human Settlements, Metro Manila governor, and member of the Interim Batasan Pambansa, was prohibited by law to take part in such businesses.

The Office of the Ombudsman also accused the wife of the late president Ferdinand E. Marcos of depositing hidden wealth amounting to almost USD30 million in a Banque Paribas bank. PNA-northboundasia.com </s> Former First Lady and Ilocos Norte Rep. Imelda Marcos has been found guilty of seven counts of graft by the Sandiganbayan’s Fifth Division.

According to a decision by the anti-graft court on Friday, Marcos is sentenced to imprisonment of from six years to one month, up to 11 years for each count. She is also perpetually disqualified from holding any public office.

The Sandigan also ordered the release of an arrest warrant of arrest against Marcos who did not attend the promulgation of the cases against her. She was given 30 days by the anti-graft court to explain her absence. </s> An opposition lawmaker who sought the impeachment of President Rodrigo Duterte on Tuesday welcomed the filing of a complaint before the International Criminal Court (ICC) in the Hague against the chief executive, and said this could signal the way to hold him accountable for his brutal war on drugs.

In a statement, Magdalo Rep. Gary Alejano said he respected the decision of Atty. Jude Sabio, counsel of confessed Davao Death Squad hitman Edgar Matobato, to take to the ICC Duterte’s alleged involvement in extrajudicial killings, which was also the main crux of Alejano’s impeachment complaint against the president.

READ: 1st impeachment complaint filed vs Duterte for killings, graft | Solon files impeach rap vs Duterte over West PH Sea, Benham Rise

“I respect the action of Atty. Sabio to file a case of crime against humanity committed by President Duterte before the ICC. This is the same issue and one of the basis embodied in the impeachment complaint I filed against Duterte last March 16,” Alejano said.

Alejano said the complaint before the ICC is an opportunity for Congress to show it is partial from the president.

“This is an opportunity for Congress to show to the world that it is independent from the influence of the President and prove that it is able and willing to make him accountable of crimes he has committed to the Filipino people,” Alejano said.

In his 77-page complaint, Sabio cited the “continuing mass murder” in the Philippines due to the thousands of Filipinos killed in Duterte’s anti-drug campaign that started when he was Davao city mayor and continues now that he is president.

READ: Duterte, 11 others accused of crimes against humanity before ICC

“Your favorable action on this matter would not only serve the noble ends of international criminal justice, but would also be the beginning of the end of this dark, obscene, murderous and evil era in the Philippines,” Sabio said.

Sabio said the 7,000 drug-related killings in the Philippines in the past seven months have surpassed the 3,000 killings during the two-decade martial law regime of the late dictator Ferdinand Marcos.

The police has contested the 7,000 figure, noting that only around 2,600 drug pushers and users were killed in legitimate police operations.

Sabio’s client Matobato has testified in a Senate inquiry about Duterte’s alleged order for the vigilante group Davao Death Squad to kill drug criminals in Davao city.

Also included in the complaint are Duterte’s closest allies – Justice Secretary Vitaliano Aguirre, Philippine National Police chief Ronald Dela Rosa, Speaker Pantaleon Alvarez, Senators Richard Gordon and Alan Peter Cayetano, Solicitor General Jose Calida, and former Interior secretary Ismael Sueno, among others. IDL
The Sandiganbayan court clears former Philippines president Gloria Macapagal Arroyo in the national broadband corruption scandal.