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THE Office of the Ombudsman on Friday ordered graft
charges filed against former Chairman Benjamin Abalos of the
Commission on Elections and Romulo Neri, former National Economic
and Development Authority (NEDA) director general, in connection
with the botched $330-million National Broadband (NBN) deal with
China’s ZTE Corp.
The case will be filed before the
Sandiganbayan.
In a 144-page decision, the
Ombudsman recommended the filing of information for violation of
Section 3(h) of the Anti- Graft and Corrupt Practices Act and for
corruption of public officials under Article 212 of the Revised
Penal Code against Abalos and Neri, who is Social Security System
administrator at present.
“Abalos directly demonstrated
his pecuniary interest in the business transaction between the
government and that of ZTE Corp. Fully knowing that the stamp of
approval of the National Economic and Development Authority was
needed to put an official imprimatur on the project, he actively
brokered conferences between the ZTE, NEDA director general and
Amsterdam Holdings,” the Ombudsman said in its resolution.
ZTE was tapped to undertake the
broadband project, which was first hatched by Amsterdam Holdings.
Abalos was also indicted on a
separate case of corruption of public officials for offering Neri a
P200-million bribe. The case will be filed before the Metropolitan
Trial Court of Mandaluyong City (Metro Manila).
The Ombudsman gave weight to
Neri’s testimony before the Senate blue-ribbon Committee saying
“that a bribe offer was made to him by Abalos.”
“Nothing can be more crystal
clear than this,” the Ombudsman said
Neri, who was also found guilty
of misconduct, was meted the penalty of suspension for six months
without pay because of his role in the scandal.
But criminal complaints against
the rest of the respondents were dismissed for lack of probable
cause including Jose Miguel Arroyo, husband of President Gloria
Arroyo; former House Speaker and Rep. Jose De Venecia Jr. of
Pangasinan and his son, Jose de Venecia 3rd; Transportation
Secretary Leandro Mendoza and assistant secretaries Lorenzo Formoso
and Elmer Soneja; and ZTE Corp. officials Yu Yong, George Zhu Ying,
Fan Yan and Hou Weigui.
Mrs. Arroyo was not indicted
because she is immune from suits as incumbent President.
Ombudsman Merceditas Gutierrez,
a law school classmate of Mr. Arroyo, inhibited herself from the
case.
The resolution was signed
by Emilio Gonzales 3rd, deputy ombudsman for the military and other
law enforcement offices; Robert Kallos, deputy special prosecutor;
Rodolfo Elman, assistant Ombudsman; Cesar Asuncion, director; and
Jesus Micael, special prosecutor.
The joint resolution was dated
April 21 but was approved only on August 27 by overall Deputy
Ombudsman Orlando Casimiro.
Although Rep. Risa Hontiveros of
Akbayan party-list welcomed the ruling of the Ombudsman, she
questioned the exoneration of Mr. Arroyo and the other respondents.
Hontiveros, a principal
complainant in the case, said that her group will ask the Ombudsman
to immediately place Neri under preventive suspension as SSS
administrator.
Palace welcomes decision
Malacañang welcomed the decision
of the Ombudsman.
“We welcome the decision of the
Ombudsman. We welcome that justice is taking its course,” Press
Secretary Cerge Remonde said.
Remonde added that politicians
seeking public office in 2010 should stop using the scandal against
the Arroyo administration.
“As we all know, Jose de
Venecia [3rd] is already running an advertisement on his role as
hero of the NBN [national broadband network] deal. He’s already
capitalizing on this issue for his obvious run for the Senate. So
I’ll be candid that despite this ruling, there will be quarters
who will be exploiting this issue for their selfish ends,” he
said.
Remonde added that the Palace was
not surprised by allegations that Neri and Abalos were just fall
guys.
He said that the Ombudsman’s
decision focuses more on the misconduct of Neri and Abalos, not on
the criminal nature of the deal.
“It’s the conduct of the two
gentlemen and not the deal itself, so it still is not consistent but
I understand that Mr. Neri and Mr. Abalos can still have legal
recourse under the law,” Remonde added.
Abalos to seek reconsideration
Abalos told The Manila Times that
he will file a motion for reconsideration before the Ombudsman. He
said that he was surprised by the Ombudsman‘s decision since it
based its recommendations on a mere “guess” or “assumption”
by Neri.
“I have not received a copy of
the decision but I will look at the options including the filing of
a motion for reconsideration because I will file the evidence that I
have,” Abalos added.
“I was accused of bribery after
Secretary Neri said at the Senate hearing that during our golf game
I offered him 200. However, when prodded by the Senate, he said he
does not know if it was peso or dollars, if it was P200,000 or P200
million or P200 or dollars,” he said.
According to Abalos, he has
documents from the Chinese government to prove that he never
brokered any deal for ZTE, since the project was already a done
deal.
“I am being charged for being a
broker but it was already a done deal, this is a government to
government transaction,” he said.
Abalos added that the accusations
of de Venecia 3rd are baseless and should not be given any weight.
Neri, who is now abroad, was also
surprised at the filing of charges against him.
He said that he would remain
silent on the matter. “I’ll bring it to my grave,” Neri said
during an interview aired over radio station dzBB.
He said his conversation with
President Gloria Arroyo was covered by “executive privilege” and
he was not about to change his stand.
Legislators rejoice
Legislators allied with Mrs.
Arroyo said that the Ombudsman’s decision was a “vindication”
for the President and her husband.
Rep. Rodolfo Albano 3rd of
Isabela said that the charges leveled against Mr. and Mrs. Arroyo on
the broadband deal are a fabrication by people who want to see the
downfall of the administration.
Rep. Jeci Lapus of Tarlac said
that the timing of the release of the Ombudsman’s decision will be
politicized by the political enemies of Mrs. Arroyo.
Lapus, the vice chairman of the
House Committee on Good Government and Public Accountability, said
that the ongoing impeachment proceeding against Ombudsman Merceditas
Gutierrez has no connection with the exoneration of the First Couple
in the broadband scandal.
Rep. Antonio Alvarez of Palawan
said that the Ombudsman’s decision should insulate Mr. and Mrs.
Arroyo from involvement in the scandal.
During a separate interview, de
Venecia said that he was disappointed that the “godfather” of
the ZTE project, Mr. Arroyo, was not charged.
“I am contented that Chairman
Abalos was charged, he is the main executor of the anomalous
contract, but I am a bit disappointed that [Mr. Arroyo] was cleared.
He is the godfather of the anomalous transaction,” he said.
De Venecia said that at the
resumption of the Senate investigation of the broadband deal, Mr.
Arroyo should be invited to shed light on the matter.
Whistleblower Rodolfo “Jun”
Lozada was not also satisfied with the Ombudsman’s decision.
Opposition appeals
to Neri, Abalos
United Opposition leader Mayor
Jejomar Binay of Makati City said that he is hoping Abalos and Neri
would “finally see the light” and tell everything they know
about the national broadband network scandal.
“After all they did for the
Arroyos, mukhang inilaglag na sila [it looks like they were dropped
like hot potatoes],” Binay added in a statement.
The opposition leader said that
he never really expected the Ombudsman to pursue the case against
the Arroyo couple. He added that the decision clearing the Arroyos
“is one more reason why the public believes that the Ombudsman has
lost its independence, and has become an instrument for protecting
the interest of Mr. And Mrs. Arroyo and for the selective
prosecution of their political enemies.”
Jomar Canlas, Francis Earl A.
Cueto With Reports From Cris G. Odronia And Angelo S. Samonte
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