Fifth plunder case filed vs Arroyo over 'misuse' of PCSO funds

UPDATED 1:30 p.m. - A fifth plunder charge was filed against former President and incumbent Pampanga Rep. Gloria Macapagal-Arroyo on Tuesday for the alleged misuse of P325-million funds of the Philippine Charity Sweepstakes Office (PCSO). Aside from plunder, Arroyo, who is currently confined at the St. Luke's Hospital in Taguig City, was also charged with violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, as well as malversation of public funds. The 39-page complaint was filed past 10:00 a.m. on Tuesday by former congresswoman and current Akbayan Part spokesperson Risa Hontiveros, former Brigadier General Danilo Lim, and social activist Jimmy Regalario. "As was evident in the Senate hearings, what we have with the PCSO intelligence funds is a very systematic and thorough effort through which the previous adminsitration and its henchman in PCSO robbed the most needy Filipinos from what should have been their lifelines," Hontiveros said. "For this, Gloria deserves to languish in jail for life," she added. The complainants said they were also seeking the suspension of the respondents who are still holding public office to this day. Aside from Arroyo, also named respondents were:

former Executive Secretary Eduardo Ermita;

Rosario Uriarte, former PCSO vice chair and general manager;

Reynaldo Villar, former Commission on Audit chairman;

Sergio Valencia, former PCSO chairman;

Jose Taruc V, former member of the PCSO Board of Directors;

Raymundo Roquero, former member of the PCSO Board of Directors;

Ma. Fatima Valdes, former member of the PCSO Board of Directors;

Manuel Morato, former member of the PCSO Board of Directors;

and "all persons who acted under their control, supervision, instruction or direction in relation to the crimes and misconduct stated herein." The complainants cited a report from the COA's Confidential/Intelligence Fund Audit Unit saying that Uriarte did not liquidate and account for the intelligence funds for the first semester of 2010. COA chairman Villar, meanwhile, should be held liable for "not issuing any credit to disallow further drawing of cash advances on the PCSO funds," the complainants said. Publicity stunt On Monday, however, Arroyo’s legal spokesperson, Raul Lambino,dismissed the planned plunder case against his client as a mere “publicity stunt." “Just like their patron in Malacanang, they resort to political propaganda over the media to advance their respective agendas by incessant shame campaign and vilification against Arroyo," Lambino said in a text message to GMA News Online. "What they can't prove in the impartial courts for lack of solid evidence to support their case, they resort to a trial and condemnation by publicity against her," he added. Test case Meanwhile, the complainants said the case would serve as a "test case" for newly appointed Ombudsman Conchita Carpio Morales, a former Supreme Court associate justice. "We do not know if she has officially assumed office, but the President already announced her appointment yesterday so we are considering this case to have been filed under her term," Hontiveros told GMA News Online. The former party-list lawmaker also expressed hopes that the newly appointed Ombudsman would will be "with us on this matter." "I hope she doesn't mind that even as we welcome her appointment we already filed this case. Alam namin naghahanda pa lamang ang tanongbayan but I hope she understands that the momentum to pursue all plunderers including Gloria mut be sustained," Hontiveros said. In their complaint, the complainants claimed that the yearly General Appropriations Act does not identify particular appropriations for intelligence funds for the PCSO, except that with the approval of the President and only after meeting several other requirements. Among the requirements are: (1) There has to be a provision in gthe budget of a department, bureau, office or agency for intelligence fund; (2) The fund should be for confidential and intelligence activties; (3) 80 percent of the funds should be consumed for field operations; and (4) Quarterly reports on the use of the funds be submitted to the Senate President, the house Speaker, and the COA chairman. Apart from the fact that the release had the blessings of Mrs. Arroyo, "none of the above-enumerated requisites was complied with," according to the complainants. The complainants said there seemed to be a "formulaic method" of having a "template" request prepared by Uriarte and "automatically" approved either by Ermita or Arroyo. The complainants cited a Senate blue ribbon committee hearing where Uriarte admitted personally seeing the former President affix her signature to the fund requests. The breakdown of the supposed requested funds from 2008 to 2010 is as follows.

P25 million requested on April 2, 2008

P50 million on August 13, 2008

P50 million on January 19, 2009

P10 million on April 27, 2009

P10 million on July 7, 2009 approved by Ermita

P10 million on October 19, 2009 approved by Ermita The complainants also alleged that in 2010 a total of P150 million was "realigned" from the Public Relations fund or PR fund to be used for intelligence funds. Fifth plunder case According to Akbayan, this is so far the fifth plunder case Arroyo is facing since she left Malacañang, the first being the one filed August last year by Danilo Lihaylihay, a private citizen who claimed to be an anti-corruption advocate. Lihaylihay claimed that the former President and three other former Cabinet officials committed plunder over the allegedly anomalous sale of the old Iloilo airport property in 2007. A second plunder complaint was filed last April 26 against Arroyo and for other public officials under her administration of “systematically" orchestrating the diversion and misuse of over P550-million worth of funds from the Overseas Workers’ Welfare Administration (OWWA) for “questionable" acquisitions, which supposedly did not benefit OFWs. Arroyo allegedly authorized in March 2003 a request from Romulo to release $293,500 (about P16.5 million at that time) from OWWA funds supposedly to fund “preparatory activies" of the Philippine post in Kuwait. The amount also allegedly covered the purchase of vehicles for posts in Lebanon, Oman, Jordan, Bahrain, Egypt and Iran in support of the United States-led war in Iraq. Aside from these, about P5 million from OWWA funds were also released by the Arroyo government in May 2003 supposedly to fund the operating expenses of humanitarian assistance task force to Iraq. The complainants also accused Arroyo of authorizing the transfer of P530 million in OWWA funds to provide health insurance cards to eight million indigents a year before the 2004 national elections. - with Sophie Dedace, VVP, GMA News