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Abalos, Neri face corruption charges over ZTE-NBN mess


THE CURIOUS CASE OF BENJAMIN ABALOS


Benjamin Abalos has been an unusual controversy-magnet since he assumed the position as the soft-spoken chairman of the Commission on Elections from 2002 to 2007. 'Commissioner' is used loosely by Abalos' staunch critics, as the former Mandaluyong mayor has been accused of charging exorbitant 'tong-pats' or commissions in the botched $329-million NBN-ZTE deal. But before the alleged overpriced contract broke out in 2007, Abalos has been linked to vote-padding and overspending.
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The Office of the Ombudsman on Thursday recommended the filing of graft charges against former Elections chief Benjamin Abalos and incumbent Social Security System (SSS) president Romulo Neri in relation to the $329.4-million ZTE-national broadband network scandal. But in the same 144-page decision signed by Overall Deputy Ombudsman Orlando Casimiro, President Gloria Macapagal was dropped as a respondent in the complaint filed by members of the Concerned Citizens Movement due to presidential immunity from legal suits. The investigating panel also dismissed for lack of probable cause the complaints against First Gentleman Jose Miguel "Mike" Arroyo, several government officials, and executives of the Chinese firm Zhong Xing Telecommunications Equipment (ZTE) Corp. "The panel has not been presented with convincing and solid evidence directly or indirectly linking respondent Jose Miguel Arroyo in the project," the decision read. Mrs. Arroyo signed the contract on April 20, 2007 in Hainan, China but it was scrapped on Sept. 22, 2007 after allegations of bribery erupted. [See complete timeline here] Complaints The decision was in response to the complaints filed by Akbayan Representative Risa Hontiveros-Baraquel and star witness Rodolfo "Jun" Lozada, among others. [See: Jun Lozada one year after] The Ombudsman panel recommended the filing of charges against Abalos before the Metropolitan Trial Court of Mandaluyong City for bribery as cited in Article 212 of the Revised Penal Code. The panel said another corruption charge should be filed against Abalos before the Sandiganbayan for violating Section 3(h) of Republic Act 3019 or the Anti Graft and Corrupt Practices Act, which prohibits government officials from directly or indirectly "having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity." "It is without a scintilla of doubt that the actions of respondent Benjamin Abalos, a former chairman of the Commission on Elections, are highly suspect, reprehensible, and should in no manner or measure be countenanced by those in the public service," the decision read. Abalos resigned from Comelec in October 2007 amid allegations that he offered millions of pesos in bribes for the passage of the NBN contract with ZTE Corp.

The Abalos connection In August 2007, Nueva Vizcaya Rep. Carlos Padilla alleged that Abalos brokered for the NBN, claiming that the then Comelec chairman met with officials of ZTE Corp. Padilla is one of the petitioners in the several complaints filed before the Ombudsman. Jose de Venecia III, son of House Speaker Jose de Venecia Jr, also alleged that Abalos offered him US$10 million to withdraw his unsolicited proposal on the NBN project. De Venecia III also claimed that Abalos asked for money from the ZTE officials. Abalos denied brokering for the project but admitted that he knows some ZTE officials. He admitted making four trips to China and playing golf there. He also admitted that ZTE officials, whom he says are his golf buddies, hosted and paid for the trips. In an interview aired over GMA News' "Saksi," Abalos maintained his innocence over the allegations. "Sa minamahal nating kababayan sa Mandaluyong, please, wala akong kasalanan. Ito ang tinitiyak ko sa inyo at kahit na anong gawin ko (To the residents of Mandaluyong, believe me, I am innocent. No matter what I do), I always bring with me your trust, your confidence in the name of Mandaluyong," said Abalos, a former Mandaluyong mayor. Charge Neri, too
Former NEDA chief Romulo Neri has constantly tried to avert inquiries about his involvement in the $329M botched broadband deal. Read more about him here.
The Ombudsman said Neri should be charged before the Sandiganbayan for violating Section 3(h) of RA 3019 as well. "In the most spectrum of issues raised before the panel, the foremost concern that remains unanswered to date is, why did respondent Neri have to refer the National Broadband Network to respondent Abalos, chairman of the Comelec?" the decision read. "Knowing fully well that the NBN project was being evaluated by the NEDA, of which he is the director-general, prudence and transparency would dictate that all his decisions and actions be above board. On the contrary, Neri acquiesced in attending lunch meetings, conferences, and golf games not only with Abalos but with ZTE officials as well," it added. Neri was director general of the National Economic Development Authority (NEDA) when the contract was signed in 2007. Ombudsman Ma. Merceditas Gutierrez, a batchmate of Mr. Arroyo at the Ateneo Law School, inhibited herself from the case. Decision hailed In a press conference, Hontiveros hailed the decision but questioned why the Ombudsman did not recommend the filing of charges against Mr. Arroyo. "We will seek clarification from the Office of the Ombudsman kung bakit inabsuwelto si (why they did not include) First Gentleman Mike Arroyo," Hontiveros said. She also questioned the timing of the release of the decision, which came almost two years after the complaints against the respondents were filed. An impeachment complaint against Gutierrez is currently pending with the House committee on justice. The younger De Venecia said he is "both happy and sad" at the Ombudsman decision. "There is no question in my mind that Mr. Abalos is guilty. Unfortunately, the Ombudsman found nothing wrong in the role played by an even more powerful person – First Gentleman Mike Arroyo. No doubt, Mr. Arroyo shares in Mr. Abalos’s guilt," he posted on his Facebook account. "The Ombudsman decision all but makes Mr. Abalos a fall guy. While he is guilty and should be made to pay the price of his indiscretion, exempting Mike Arroyo should be considered a huge travesty of justice," he added. The younger De Venecia urged the Ombudsman to review Mr. Arroyo's role in the botched deal. He also asked the Senate blue ribbon, which is set to continue its investigation of the ZTE-NBN deal, to invite the First Gentleman to testify.- GMANews.TV
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