SC upholds dismissal of graft raps vs GMA on OWWA funds

MANILA, Philippines - Former President Gloria Macapagal-Arroyo’s transfer of Overseas Workers Welfare Administration (OWWA) funds to the Philippine Health Insurance Corp. (PhilHealth) in 2003 was valid, the Supreme Court (SC) has ruled.

The SC dismissed a petition of former solicitor general Francisco Chavez to have Arroyo charged with the misuse of over P530 million in OWWA funds.

In a two-page minute resolution released yesterday, the SC third division affirmed the Office of the Ombudsman’s dismissal of the plunder, malversation of public funds and other charges against Arroyo.

The SC ruled that Chavez’s petition failed to show any reversible error in the Feb. 10, 2012 memorandum and Sept. 25, 2012 supplemental memorandum of the Office of the Ombudsman.

“Unless tainted with grave abuse of discretion, the judgments and orders of the Ombudsman shall not be reversed, modified or otherwise interfered with by the Court,” read the SC decision.

The OWWA funds were used legally, the SC said.

The Office of the Ombudsman had dismissed the complaint of Chavez for lack of probable cause.

Charges of qualified theft, graft and corruption and violations of the Constitution, the Revised Penal Code and the Omnibus Election Code against Arroyo were also dismissed.

The anti-graft office overturned recommendation of the Department of Justice to charge Arroyo with plunder after conducting a separate preliminary investigation last year.

The OWWA funds were properly distributed to beneficiaries and graft investigators found no evidence that the fund was misused, the agency added.

Records show Chavez had filed the same plunder case against Arroyo before the Office of the Ombudsman in July 2004.

His complaint was not resolved as the anti-graft agency terminated its investigation in 2007 due to immunity from suit of then President Arroyo.