MANILA – The Office of the Ombudsman has junked the remaining plunder case against former President Gloria Macapagal Arroyo and several Philippine Charity Sweepstakes Office (PCSO) officials for alleged misuse of P73-million confidential and intelligence funds from 2004 to 2007.
The Ombudsman dismissed the plunder, malversation of public funds and violation of Section 3 of the Anti-Graft and Corrupt Practices Act against Arroyo; PCSO officials Rosario Uriarte; Sergio Valencia; Benigno Aguas; Gloria Araullo; and Commission on Audit Assistant Commissioner Lourdes Dimapilis and Auditor Nilda Plaras.
Based on the dismissed complaint, Arroyo allegedly allowed the release of regular CIFs and granted Uriarte and Valencia’s request for additional CIFs even without specific details and supporting documents.
Arroyo, Aguas, Araullo, Plaras and Dimapilis have allegedly conspired with Uriarte and illegally “enriched” themselves with a total amount of P57 million for 2004 to 2007.They also connived with Valencia to illegally malverse public funds in the amount of P15 million for the same period.
The Ombudsman, in a resolution dated Feb. 13 but was only released to the media on Sunday, stated there was no probable cause to indict Arroyo and her co-respondents for the crimes charged against them.
“The question involving the use of the PCSO’s CIF is not novel. In a similar case involving the use of the PCSO’s CIF for CYs 2008 to 2010, the Supreme Court dismissed the case against Arroyo and Aguas,” it said.
“The High Court ruled, among other things, that (1) the Prosecution did not prove the existence to conspiracy among Arroyo, Aguas and Uriarte; (2) no proof of amassing or accumulating, or acquiring ill-gotten wealth of at least P50 million was adduced against Arroyo and Aguas, and finally (3) the prosecution failed to prove the predicate act of raiding the public coffers,” it added.
The Ombudsman also noted that the factual circumstances of the complaint were essentially similar to the case that the Supreme Court had dismissed.
“The records consisting of Disbursement Vouchers, Liquidation Certifications, and Liquidation Reports are insufficient to establish that the CIFs were diverted or otherwise misappropriated by Uriarte and Valencia. The Credit Advices were subsequently issued by Dimapilis acknowledges Uriarte and Valencia’s liquidation of the CIFs, thus clothing their actions with regularity,” the resolution read.
“Absent clear and convincing evidence to the contrary, therefore, respondents, as public officers, enjoy the presumption of regularity in the performance of official duties,” it added./PN
