THE Office of the Ombudsman cleared former president and now Rep. Gloria Arroyo of Pampanga province and several high-ranking officials of plunder over the alleged misuse of the P530.82-million Overseas Workers Welfare Administration (OWWA) fund.

In a 47-page memorandum of the anti-graft agency, state investigators did not agree with the findings of the Department of Justice (DOJ) that Arroyo and three others committed plunder or malversation when the multi-million cash from OWWA was transferred to the Philippine Health Insurance Corp. (PhilHealth).

Former solicitor general Francisco Chavez filed the complaint before the DOJ which recommended malversation charges against Arroyo, former foreign affairs secretary Alberto Romulo, former OWWA administrator Virgilio Angelo and former health secretary and PhilHealth president Francisco Duque 2nd.

Since the Ombudsman has the sole power to file charges before the Sandiganbayan, the anti-graft agency reviewed the findings.

“We do not share the findings and recommendations of the DOJ Special Panel,” the memorandum read.

The Ombudsman ruled that when the OWWA funds were transferred, it was because of the compulsory health coverage of Filipino overseas workers enshrined in Republic Act 7875 or the National Health Insurance Program that established PhilHealth.

The anti-graft body added that the diversion of money was in line with Executive Order 195 which ordered compulsory coverage of Filipinos recruited abroad.

“With the transfer of the Medicare functions, it is only rational that the funds be turned over by OWWA to PhilHealth,” the memorandum read.

Also, the utterance of Duque that the transfer of fund will have significant bearing on Arroyo’s 2004 re-election, “cannot, by any stretch of imagination, be taken to mean that the OWWA Medicare funds were intended to be used for the re-election bid of respondent Arroyo,” the Ombudsman said.

It added that the funds were released only in 2005 or after the elections which meant that the respondents “never intended that the OWWA Medicare funds be diverted for other purpose other than to benefit Filipino Overseas Contract Workers.”

OWWA board members including Patricia Sto. Tomas, Mauel Imson, Rosalinda Baldoz, Caroline Rogge, Mina Figueroa, Victorino Balais, Gregorio Oca and Virginia Pasalo were also cleared of the charges.

“Viewed in its proper perspective, the charges of Chavez against Arroyo [and others] insofar as the transfer of the OWWA Medicare funds is concerned must necessarily fail,” the Ombudsman resolution read.

Chavez also accused that Romulo sought the release of $293,500 to finance the preparatory activities of the Philippine post in Kuwait and the purchase of vehicles and stockpiling of the posts in Lebanon, Jordan, Oman, Bahrain, Egypt and Iran in support of the US-led war in Iraq.

The Ombudsman also cleared Arroyo and her co-accused after the Commission on Audit disclosed that the funds were used for its intention and the cash was liquidated.

In a separate 11-page supplemental memorandum, the Ombudsman based its final ruling on an audit report which showed that the cash advance was within the powers of OWWA to provide assistance to affected migrant workers trapped by the Middle East crises.

Another P5 million requested as operating expenses for the Philippine humanitarian assistance group to Iraq was not disbursed from OWWA, the resolution read.

The first memorandum was dated February 10. Ombudsman Conchita Carpio-Morales signed it on June 14.

The supplemental memorandum was dated September 2012. Morales signed the approval on October 12.

Both memoranda were only released on Wednesday.

Sought to comment, Raul Lambino, Arroyo’s spokesman, said that the dismissal vindicated the Pampanga lawmaker.

“The dismissal of this case is clear proof that the cases filed against [Arroyo] have no leg of evidence to stand on and are purely harassment suits,” Lambino said in a text message to reporters.