Update: Concerned Citizens Movement to appeal Ombudsman’s ‘fatally flawed’ decision clearing GMA
The Concerned Citizens Movement, whose members stood as complainants in the only complaint that included Mrs. Gloria Miguel Arroyo as respondent for violations of the Anti-Graft and Corrupt Practices Act in connection with the NBN-ZTE deal , will appeal the recent decision of the Ombudsman to charge only Chairman Abalos and Chairman Abalos with violations of the anti-graft and corrupt practices act before the Sandiganbayan, which they described as “fatally flawed”.
“This a decision that sanctions impunity. Why should only two co-conspirators be charged when the facts are very clear that the Spouses Miguel and Gloria Arroyo were co-conspirators to the criminal acts committed in the botched NBN-ZTE deal? In a conspiracy, the act of one is the act of all”, Roque who is both a complainant and counsel declared.
The CCM also challenged anew the correctness of the Ombudsman stance that the President is both immune from investigation and from suits. According to the group, the principle of presidential immunity has been revised since it was first applied in Philippine jurisprudence.
Roque explained: “Presidential immunity finds no demonstrable textual commitment in the letters of our Constitution. It was merely a result of jurisprudence intended to improve the administration of public administration. The assumption is that without the said immunity, the President may run out of time to govern since all her time will be devoted to defending herself in court. Since the concept was first applied in our jurisprudence as early as 1910 in the case of Forbes vs. Chuoco Tiaco, it has since been revised by the our own Philippine Supreme Court, citing the US case of Clinton v. Jones. Today, the prevailing view as held in the case of Estrada v. Desierto, is that immunity should only be for official acts: “It will be anomalous to hold that immunity is an inoculation from liability for unlawful acts and omissions. The rule is that unlawful acts of public officials are not acts of the state and the officer who acts illegally is not acting as such but stands on the same footing as any other trespasser. Indeed, a critical reading of current literature on executive immunity will reveal a judicial disinclination to expand the privilege especially when it impedes the search for truth and impairs the vindication of a right”(Estrada vs. Desierto, (353 SCRA 452).
Construing this decision of the Ombudsman with the decision of the Supreme Court in Neri vs. Blue Ribbon Committee which upheld Neri’s invocation of privilege in refusing to answer questions that would clearly show the President’s culpability, Roque said that this latest Ombudsman decision, if unchallenged, will result in presidential Impunity and a license for all Presidents to commit any and all criminal acts such as other acts of graft and corruption and even killings, torture and enforced disappearances.
Aside from Roque, other CCM members who stood as complainants are: Josefina Lichauco, Consuelo Paz, Renato Constantino jr., Guillermo Cunanan, Roel Garcia, Bebu Bulchand, Perla Bandiola, and Maria Flor Querubin.
CCM members were also joined in the said Petition by Former Vice-President Teofisto Guingona, and representatives from Bayan Muna, Gabriela, ACT, Kilusan Mayo Uno , Courage and Bayan.
Leila Salaverria
Inquirer
The Office of the Ombudsman has dropped graft charges against President Gloria Macapagal-Arroyo and her husband in connection with the scuttled $329-million NBN-ZTE deal, but recommended the prosecution of former election chief Benjamin Abalos and ex-Socioeconomic Planning Secretary Romulo Neri.
