GMA seeks dismissal of PCSO plunder case

MANILA, Philippines - Citing lack of probable cause, President Gloria Macapagal-Arroyo has asked the Supreme Court (SC) to dismiss the plunder charges against her for the alleged misuse of P365.9 million in Philippine Charity Sweepstakes Office (PCSO) funds.

Through her lawyer Rodolfo Jimenez, Arroyo invoked her constitutional and statutory right to be presumed innocent.

Arroyo said the necessary elements of plunder under Republic Act 2080 have not been established in the preliminary investigation conducted by the Office of the Ombudsman.

He cited 21 cases wherein the SC upheld the existence of reasonable doubt in acquitting an accused in a criminal case.

In the case of People vs. Avila, the SC held: “It is not the duty of an accused to prove his innocence before the prosecution proves his guilt, but rather it is the reverse, that is, that the prosecution must prove the guilt of the accused beyond reasonable doubt before the accused is put to proving his freedom and legal responsibility.”

In People vs. Ng, the SC ruled: “From the earliest years of the Court, it has emphasized the rule that reasonable doubt in criminal cases must be resolved in favor of the accused.”

In  October last year, Arroyo asked the SC to stop her indictment and void a resolution of the Office of the Ombudsman finding probable cause to charge her with plunder.

However, the SC under Chief Justice Ma. Lourdes Sereno has not yet acted on her plea.

The SC acted first on two petitions for interventions that  constituents of Arroyo in Pampanga had filed.

The first one was filed last Dec. 21 by Rico Ocampo, Eugene Paul Ponio, Marcelo Valencia and Joaquin Mañalac, while the second was filed last week by over 40 Pampanga residents led by Guagua Mayor Ricardo Rivera.

In full-court session last Jan. 8, the SC ordered the Office of the Solicitor General to answer these petitions for intervention.

Both petitions argued that Arroyo’s incarceration for a non-bailable charge had deprived them of full representation in Congress.

Arroyo had been wrongly charged of misusing P366 million in PCSO funds as the

Commission on Audit itself had fully liquidated the amount, they added.

Audit Commissioner Heidi Mendoza had confirmed compliance with requirements for the release of the funds involved, the petitioners said.