Motion to dismiss Arroyo’s PCSO plunder case denied by anti-graft court

admin   •   April 10, 2015   •   2856

FILE PHOTO: Former President Gloria Macapagal Arroyo after a hearing in Sandiganbayan. (UNTV News)

MANILA, Philippines — The Sandiganbayan Special First Division will continue with its trial on plunder charges against former President Gloria Macapagal Arroyo.

This is after the court denied Arroyo’s motion to dismiss her plunder case in relation to her alleged anomalous transactions with the Philippine Charity Sweepstakes Office or PCSO when she was still the president of the country.

August of last year Arroyo and her co-accused filed demurer to evidence before the Sandiganbayan to dismiss their cases, stating that the prosecution failed to prove the strength of the evidence of guilt against the accused.

According to the court resolution, there is probable cause that Arroyo conspired with PCSO officials for the misuse of 366 million peso fund.

Hence the court also rejected the dismissal of cases of former PCSO Officials Benigno Aguas and Sergio Valencia.

Meanwhile, the court acquitted PCSO Board Directors Manuel Morato, Jose Taruc V, Raymundo Roquero and former Commission on Audit Chairman Reynaldo Villar.

Arroyo camp said they will still file a motion for reconsideration to prove Arroyo’s innocence and the lack of basis of the plunder case charged against her. (JOYCE BALANCIO / UNTV News)

Sandiganbayan junks raps vs Purisima, Napeñas over Mamasapano clash

Aileen Cerrudo   •   January 22, 2020

The Sandiganbayan has dismissed the charges against former Philippine National Police (PNP) chief Alan Purisima and ex-PNP Special Action Force chief Getulio Napeñas over the Mamasapano clash in 2015.

The dismissal of the charges against the two former police officers was due to the lack of probable cause to charge them of graft and usurpation of official functions complaints for their involvement in the anti-terrorist operation in Mamasapano, Maguindanao in 2015.

The said operation led to the deaths of 44 Special Action Force (SAF) commandos.

Purisima was charged for still leading the operation to kill terrorists Zulkifli bin Hir or Marwan and Abdul Basit Usman, under Oplan Exodus, despite being suspended as the Philippine National Police (PNP) chief.

Napeñas, on the other hand, was also charged for allegedly conspiring with Purisima.

Based on the resolution, Purisima and Napeñas cannot be charged due to the lack of sufficient evidence.

“There is no mention in the information, nor any evidence on record, that accused Napeñas received or expected to receive any material remuneration or consideration therefor,” the resolution states. “It could not be said that Purisima was under the pretense of being a PNP chief because he was ordered by his president and commander-in-chief to perform such supervision and monitoring.”

Purisima and Napeñas were charged with violating Section 3(a) of the anti-graft law which punishes “persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations.”

Meanwhile, the Sandiganbayan said the dismissal of the criminal complaints did not mean that the two accused had no liability over the Mamasapano clash and appropriate charges can still be filed against them.

“What the court merely ruled is the non-existence of probable cause against Napeñas in both charges and the insufficiency of the allegations in the information filed against Purisima,” the resolution reads.—AAC

Senate to probe PCGG for losing ill-gotten wealth case against Marcoses

Maris Federez   •   December 18, 2019

MANILA, Philippines — The Senate Committee on Justice will conduct an investigation on the Presidential Commission on Good Government (PCGG) on the measures it has taken to sequester the ill-gotten wealth of the Marcos family.

Senate Blue Ribbon Committee chairman Richard Gordon will particularly question the PCGG’s failure to win the case against the Marcoses.

“Kung meron talagang ganung kalaking halaga, papaano nakuha yung perang yan. Yan ang unang tatanungin ko. Papaanong nakalap yan at bakit hindi ninyo maimbestigahan ng maayos para just follow the paper trail,” Gordon said.

On Monday (Dec. 16), the Sandiganbayan junks the 200-Billion forfeiture case against the Marcos family.

This is the fourth time that the PCGG lost its case in the Sandiganbayan. — (with details from Nel Maribojoc) /mbmf

Sandiganbayan dismisses P1-B civil case vs Marcoses

Aileen Cerrudo   •   October 8, 2019

Philippines First Lady and current congresswoman Imelda Marcos (2-L) when she visited the tomb of former strongman Ferdinand Marcos to mark National Heroes Day at the ‘Libingan ng mga Bayani’ (Cemetery of Heroes) in Taguig City, south of Manila, Philippines, 28 August 2017. EPA-EFE/FRANCIS R. MALASIG

The second division of the Sandiganbayan has dismissed the civil case filed by the Presidential Commission on Good Government (PCGG) against former President Ferdinand Marcos and wife Imelda Marcos for insufficient evidence over P1 billion worth of alleged ill-gotten wealth.

Based on the decision of the anti-graft court, the PCGG failed to present strong evidence against the Marcoses.

“The plaintiff Republic failed to prove by preponderance of evidence that the defendants by themselves, or in conspiracy with defendants Marcoses, obtained ill-gotten wealth,” the decision reads.

“Lastly, the court also finds that the defendants failed to prove their respective counterclaims alluding to alleged damages sustained.”

According to the Malacañang, the PCGG can still submit an appeal in the Supreme Court.

Presidential Spokesperson Salvador Panelo said the Marcoses should still be accountable if there is proof of ill-gotten wealth.

“Kung ill-gotten, we should always run after, basta ill-gotten (If it is ill-gotten we should always run after, as long as it is ill-gotten). It should be the policy of all governments to run after ill-gotten wealth,” he said.

The Sandiganbayan previously dismissed the P102 billion worth of forfeiture case against the Marcoses and other respondents last August.—AAC (with reports from Rosalie Coz)

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