Bayan Muna files 1st criminal raps vs Arroyo

Party-list group Bayan Muna has filed a criminal complaint against former president and now Pampanga Rep. Gloria Macapagal-Arroyo in connection with the NBN-ZTE corruption controversy that rocked her nine-year administration. "Ito ang unang hakbang para mabuksan ang pagkakataon na panagutin si Gloria Macapagal-Arroyo sa kanyang mga kasalanan (This will be the first of many steps to have Gloria Arroyo pay for her crimes)," said Bayan Muna Rep. Teddy Casiño, who filed the complaint with the Department of Justice (DOJ) on Thursday together with colleague Neri Colmenares, also of Bayan Muna. Mrs. Arroyo was accused of violating the Anti-Graft and Corrupt Practices Act, the Code of Conduct for Public Officials, and the Government Procurement Act when her government approved in 2007 the allegedly overpriced NBN deal. The deal was canceled on the same year after reports of corruption involving Mrs. Arroyo, her husband Jose Miguel “Mike" Arroyo, and several government officials broke out. The deal was supposed to connect government agencies throughout the Philippines through the Internet. Casiño said his group are looking into the filing subsequent charges — including plunder — against Mrs. Arroyo. Immunity from suit A president loses his or her immunity from suits once he or she steps down from office. On Wednesday, Arroyo formally relinquished the presidency to Benigno “Noynoy" Aquino III. As congresswoman, Mrs. Arroyo’s immunity is limited. Article 6, Section 11 of the 1986 Constitution states that members of Congress “shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof." The previous 1973 Constitution gives a president immunity from suit even after his or her term ends. Drafters of the present Charter scrapped this provision. DOJ over Ombudsman Casiño said they filed the complaint with the DOJ because they were confident that the new Justice chief, Leila de Lima, would conduct a more impartial probe than the Office of the Ombudsman. "Kaya sa DOJ dahil wala kaming tiwala na ang hustisya ay makakamit sa Ombudsman (We went to the DOJ because we don't trust that justice will be served at the Ombudsman)," added Casino. The Ombudsman is the body that investigates accusations of corruption against public officials. It is headed by Merceditas Gutierrez, who is perceived to have close ties with the Arroyo family, being a batch-mate of Mr. Arroyo at the Ateneo Law School. Appointed in December 2005, Gutierrez will serve until 2012 since the Ombudsman has a fixed seven year-term as prescribed under Section 11, Article XI of the 1987 Constitution. Colmenares, for his part, said they want the DOJ to “take the lead" in investigating Mrs. Arroyo and submit its findings to the Ombudsman. In their complaint, they said they want the DOJ to "prepare the Information/s and administrative complaint/s against respondent [Arroyo] and submit the same to the Office of the Ombudsman with the recommendation for the filing of the proper information against said respondent." Asked why they did not wait for the Truth Commission — the body formed by President Aquino to investigate Mrs. Arroyo — to look into the matter, Casiño said the panel has yet to set its parameters and that it should look into new allegations against the former chief executive. Abalos, Neri Charged with graft in connection with the NBN-ZTE controversy were former Commission on Elections (Comelec) chairman Benjamin Abalos and former Socioeconomic Planning secretary Romulo Neri. The two former officials, who both denied involvement in the controversy, have posted bail to evade arrest. Their arraignments are scheduled next month. The Sandiganbayan’s 4th Division is handling Abalos’ graft case, while its 5th Division is handling Neri’s. The Office of the Ombudsman, meanwhile, has cleared the Arroyo couple of involvement in the allegedly anomalous deal. — KBK/RSJ, GMANews.TV