The Philippine Star

Outgoing ombudsman: Probes still pending vs GMA

- By ELIZABETH MARCELO

Newly elected Speaker Gloria Macapagal-Arroyo is still under investigat­ion for plunder in connection with her alleged misuse of intelligen­ce funds of the Philippine Charity Sweepstake­s Office (PCSO) when she was still president.

Outgoing Ombudsman Conchita Carpio-Morales confirmed this yesterday to The STAR on the sidelines of her last press briefing. She officially retires today after completing a seven-year term.

“Yes, it’s still under investigat­ion,” Morales said, referring to Arroyo’s alleged plunder of PCSO intelligen­ce funds. “But nothing has been turned over to me (by the investigat­ors) as of today.”

President Duterte has yet to name her successor.

It was in July 2016 when Morales first revealed to the media that Arroyo is undergoing a preliminar­y investigat­ion over another complaint in connection with the alleged misuse of the PCSO’s confidenti­al intelligen­ce fund (CIF). The complaint covers CIF amounting

to P57 million allegedly disbursed from 2004 to 2007.

A highly placed source in the ombudsman yesterday confirmed that the complaint, docketed as OMBC-C-16-0180, has remained under preliminar­y investigat­ion since 2016. A complaint under preliminar­y investigat­ion has passed the fact-finding stage with sufficient evidence gathered by the field investigat­ors to warrant a formal investigat­ion.

Under the ombudsman procedure, it is during the preliminar­y investigat­ion stage where respondent­s are notified of a complaint and given a chance to file counter-affidavit or counter evidence.

On July 19, 2016, the Supreme Court – in a vote of 11-4 – dismissed a separate plunder case filed by the ombudsman against Arroyo before the Sandiganba­yan in 2012. The case stemmed from alleged misuse of P366 million in CIF of the PCSO from 2008 to 2010 during Arroyo’s term as president.

Arroyo had been under hospital and later house detention for nearly four years before the high tribunal dismissed the case on the ground of the prosecutio­n’s “insufficie­nt evidence” and its failure to identify the main plunderer in the case. In a text message sent to

The STAR yesterday, the congresswo­man’s lawyer Laurence Arroyo (no relation) slammed the pending case as “baseless, that should have been dismissed a long time ago.”

The lawyer said the former president submitted her counter-affidavit two years ago but the ombudsman has yet to resolve the case.

“This second case, which the (ombudsman) Field Investigat­ion Office should have included in the first case but did not, covers the period 2004-2007. The ombudsman conducted a preliminar­y investigat­ion of this second case after PGMA (President Gloria Macapagal-Arroyo) was acquitted in the first case,” he said. “The period covered by this second case took place more than 10 years ago. Why look into it only after the dismissal of the first plunder case?” Arroyo said.

“The second complaint alleges that PGMA gave her ‘OK’ to the use of intelligen­ce funds. That is all. That is not a crime, as already held by the Supreme Court. This case should have been dismissed long ago. It is a patently baseless case,” he added.

On Monday, Arroyo was elected speaker by 184 of the 292 members of the House of Representa­tives ousting Davao Del Norte Rep. Pantaleon Alvarez.

The change of leadership took place just hours before Duterte delivered his third State of the National Address (SONA) at the House’s plenary hall at the Batasan Pambansa in Quezon City. The House formalized Arroyo’s election right after Duterte’s SONA.

Asked for her reaction to Arroyo’s rise to the speakershi­p, Morales said, “I was deadma (nonchalant). I mean, you know, that’s the pleasure of the members of Congress to elect her as speaker, so I did not feel anything.”

She stressed Arroyo’s new position as Speaker will not have any bearing on her pending case with the ombudsman.

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