When Bautista-Horn replied, she looked unworried. “We survived three years. Three more years to go,” she said.
That was last year. Now, there are only two years and three weeks left of the Aquino administration.
Arroyo, despite her spinal and other ailments, has good reasons to look to the near future positively. Last week, the Ombudsman cleared her of involvement in the P728 million fertilizer fund scam.
The case was filed by former Solicitor General Frank Chavez, who passed away last year.
The case was about the misuse of funds for fertilizer to be distributed to the farmers. Investigation showed that through fake projects and ghost deliveries, money supposedly for the farmers went to the pockets of politicians and pork barrel operators. The notorious Jenny Napoles participated in that scam.
Investigation identified Arroyo’s Agriculture Undersecretary Jocelyn “Jocjoc” Bolante as the chief operator of the scam. Arroyo’s Agriculture Secretary Lorenzo “Cito” Lorenzo was also implicated in the scandal.
There were allegations that Bolante used the fertilizer fund to finance Arroyo’s tainted election in 2004.
Ombudsman Conchita Carpio-Morales, however, said there is no factual, or legal basis” to show Arroyo’s participation in the scheme… perpetrated by Lorenzo and Bolante.”
She said Chavez failed to present any documentary or testimonial evidence proving Arroyo’s alleged knowledge of, or participation in the scam.
“All of the documents submitted by complainant were prepared and signed by other persons, and not by respondent. Not one of them may be traced back to her. Thus, no reasonable conclusion may be made that she, directly or indirectly, took part in the alleged irregularities that attended the entire process in the release of the fund,” the Ombudsman decision said.
It’s the fourth case against Arroyo that was dismissed. Four more are still awaiting decision.
Recently, Arroyo and her son Camarines Sur Representative Diosdado Ignacio “Dato” Arroyo were also cleared of irregular involvement over the P1-billion Libmanan-Cabusao Dam and Skybridge 1 and 2 projects.
In October 2012, the case against Arroyo in the alleged misuse of the P530 million Overseas Workers’ Welfare Administration was also dismissed by the Ombudsman.
Much earlier, In Nov. 2011, Arroyo was also cleared of accusations of plunder in connection with the P72 million in capital gains tax allegedly due but not collected in the 2007 sale of the old Iloilo Airport to Megaworld Corporation.
Awaiting decision are two plunder cases (PCSO and Malampaya funds) , one electoral sabotage case and violation of the anti-graft law (NBN/ZTE).
The plunder cases are the P366-million Philippine Charity Sweepstakes Office (PCSO) funds scam and alleged misuse of P900 million in royalties from the Malampaya gas fund through projects packaged by businesswoman Janet Napoles.
There is still the Electoral Sabotage case which was the case used for arresting and putting her in jail in November 2011 (remember the dramatic NAIA1 scene). But the case in connection with alleged irregularities in the 2007 elections, where she was not a candidate, was so weak, the judge granted her bail on that.
No charges has been filed against Arroyo for her massive cheating in the 2004 elections (as heard in the Hello Garci tapes) because the Electoral Sabotage law was enacted in 2007.
Arroyo is also a respondent in the NBN/ZTE case, where Rodolfo “Jun” Lozada is the star witness but it’s violation of the anti-graft law (R.A. 3019), not, plunder. Violation of R.A. 3019 is bailable.
There are many reasons why a case is dismissed. One of them is, it was really meant to be dismissed.
Although we all know that GMA is guilty, proving her guilt in a court of law is another matter. Anyway, dismissal of her cases does not prove she is not guilty.
The only thing dismissal of her cases proved is that justice has nothing to do with justice and everything to do with the skills of lawyers.
Firstly the delays in bringing GMA to trial is enough to dismiss her case, but that does not mean that she is not guilty of the crimes she had been alleged of…But in a criminal case the Onus of proof beyond Reasonable doubt to secure convictions is the State number one Responsibility in proceeding with the case..without sufficient evidence, it will be another waste or resources for a country which could use the resources in other cases with reasonable expectation of convictions. There are two types of criminals, the convicted ones and the non convicted ones…and there is the innocent ones..and whoever is the innocent, raise your two hands.
The photo appears to be more of a photo up to gain sympathy. Lately, I don’t see GMA wearing neck brace. This Noli de Castro is forever loyal to the person who protected him for 9 years. They protected one another. At the height of “Hello Garci”, people wanted him to replace Gloria but he refused. It was a good think he refused because we would have another nincompoop President who would only be dictated by the Arroyos.
BTW, Noli cannot deny his involved in Delfin Lee’s scam. Noli was the Housing Czar then. Why Noli is not being investigated despite his obvious evasive testimony during the Senate hearing is a question that must be answered. Noli and Delfin are good friends.
that was her on the tape with garci, right?
She is expecting to get released when Aquino is done? Where is Bolante and Lorenzo? So before 2007, it was ok to cheat.
If you cheated before 2007,the charge is violation of the anti-graft and corrupt practices law which is bailable.
That’s why the DOJ decided not to file cases against her on the 2004 cheating because they wanted a charge that is not bailable and that was Electoral Sabotage. But the incidents cited happened in the 2007 elections where Arroyo was not a candidate. The case is so weak. Anyway,it served the purpose because Arroyo was arrested and imprisoned. That gave the government time to file plunder cases (PCSO and Malampaya) which were unbailable.
I disagree with the government stand not to file charges against Arroyo for the 2004 elections, which was really biggest crime against the Filipino people.
Even if the punishment is not life imprisonment, she should be brought to court and punished for that crime.
Kaya lang, yun na yun e.
“There are many reasons why a case is dismissed. One of them is, it was really meant to be dismissed.”
Agreed! Kaya kinukulam ko na lang baka sakaling tablan!
When a prosecuting office (the Ombudsman is a glorified prosecutor) dismisses, it is not final. By that, I mean that the charge can be filed again. Double jeopardy only sets in if there is a dismissal by a court. Dismissals by prosecutors don’t count.
So the job is to get the evidence that will nail the culprits – whether that is this woman, or the pork barrel legislators who number enough to ratify a treaty. Yan nga ang basis ni Carpio-Morales. I do not have the goods, so I will dismiss. If I file, and the court dismisses, the culprits go scot free, dahil may double jeopardy na.
Wala sa galing ng abogado yan, at this stage. Nasa galing, o kapalpakan ng imbestigador. In this case, Carpio-Morales is saying, “Where is the beef?” Help me do my job of nailing these culprits. Lakasan niyo naman ang ebidensya.
Kung hindi man magdemanda ang DOJ ni Delilah Jones (she physically reminds me of Dely Atay Atayan), puwede pa namang magdemanda sa susunod na administration. So all this full-court press to save Penoy allies will go for naught. Patapos na ang term niya. Kitakits sa 2016, before the Sandiganbayan, unless the evidence is destroyed. Bumili ba ng heavy duty shredder si Abad?
Which reminds me of Gringo. He did not avail of amnesty. His case was dismissed by Raul Gon, a mere prosecutor. Now Trillanes asked for amnesty; meaning, he admitted to the attempt to rebel. So if Trillanes admits that the big brother was Gringo, then the charge against Gringo can be refiled. Wala nang amnesty. Kulong ka for rebellion twerp.
Thanks, SnV. Always a big help in understanding legalities.
Trillanes did not admit about Gringo.
Trillanes admitted he rebelled against a corrupt government.
I know that Trillanes did not admit about Gringo. But if he does now, patay ang Gringo.
I think Ms. Arroyo should be freed for failure of due process and the entire justice system, from prosecutors to judges, thrown in jail for failing to defend Filipinos against injustice.
Hahaha… Ituloy ang zarzuela!
Firstly, any sane Police authorities or prosecutor would not lay Charges if there are no sufficient evidence to lay with reasonable expectation of convictions..and if charges been laid, the State can withdraw, drop the charges during the preliminary or even the trial proper and must give a justified reason for doing so…like can not proceed for finding out that the Witness was lying in his testimony…
In this case there was no Trial, no Dismissal or Acquittal and the Crown reserves the Right to refile the Charges in the future before the statute of limitation expires (most serious crimes have no Statute of limitation) if evidence could be uncovered and sufficient enough to secure convictions…
Vic, you write as good as saxnviolins who’s fondly and simply called SnV by the good moderator. Someday, you shall also merit a response from her. 🙂
It looks like the government and even the people have forgotten GMA’s cheating in 2004. Filipinos are so forgiving and forgetful. Now, Sen. Grace Poe is calling for its closure. Yes, there’s no closure yet on this GMA’s cheating. The people deserve no less than seeing closure to this case.
Mannie, those who sow intrigues have no place in this blog.
Two more years and she will be OUT of her hospital arrest. She may find her way back to power again or simply go to a European country who will more than welcome her so they can have a share of her stolen loot This is the Philippine style of justice. The snail paced justice system allows the criminals to go scott free!
“…….Ombudsman Conchita Carpio-Morales, however, said there is no factual, or legal basis” to show Arroyo’s participation in the scheme… perpetrated by Lorenzo and Bolante.”
She said Chavez failed to present any documentary or testimonial evidence proving Arroyo’s alleged knowledge of, or participation in the scam……..”
kaya nga dapat merong malalimang imbestigasyon, eh.
pinatagal nila tapos SISISIHIN ‘yung nag-file ng kaso na inabot na ng pagkamatay ay hindi nagkaroon ng linaw?
ano’ng ginawa nila noong biglang nagpapasok sa ospital itong si gloria arroyo?
sa palagay nila, KUNG walang basbas ang pinakamataas, magagawa bang gumawa ng kalokohan ang mga tauhan?
sus, justice pinoy style ginagawa laging tanga ang taumbayan. kapag masalapi at may kapit ang sangkot sa krimen ay hindi man lamang makayapak kahit sa pintuan ng kulungan pero kung pobre ang pinaghihinalaan, sa pag-aresto pa lamang ay katakot takot na ang bugbog na inaabot!
You change the she to he, and the sentence will apply to the Penoy with respect to Abad, when the DAP or any of the Napoles capers get investigated by the Ombudsman.
Heck it will also apply to Abad with respect to directors or usecs involved in the SARO mess. Turuan na lang. That is the 12th Commandment. The Eleventh says “Thou shalt not get caught.” The twelfth says: “When caught, blame somebody else.”
Sa bilyar and tawag diyan ay preparasyon. Hindi lang pinapapasok ang bola, pero pinapupunta ang cue ball o mother ball (white ball) papalapit sa susunod na titirahin, to line up the next shot.
But as stated above, any dismissal by the Ombudsman does not put the principle of double jeopardy into play. Kitakits sa 2016. Oops. No. Kapag natapos ang term ni Carpio-Morales. That will be a year later, 2017. By then, most of the people in the Napoles list will be in the Caymans, sipping a piña colada.
I said the same thing. Ingat si Pinoy kay Abad. If indeed Abad MAY BE one of the masterminds in the scam of Napoles. There may be other scammers like Napoles being used by the same operators. Ingat lang Pinoy! One year after your term, wala na si Carpio Morales. Dapat bilisan ang proseso ng “Justiis”.
Forgery seem to be the norm with these vultures. They PERFECTED PLUNDER!
#19 and #20
Ay naku.
Kahit anong iskandalo o issue patungkol sa pamumuno ni GMA ay hindi talaga nagsalita ng kontra si Noli de Castro. Magkaibigan talaga silang dalawa.