Ex-COA chief pleads not guilty to graft raps

MANILA, Philippines - Sandiganbayan justices warned prosecutors of the Office of the Ombudsman not to further delay the trial of former President and now Pampanga Rep. Gloria Macapagal-Arroyo through postponements and failure to prepare for hearings, noting that if such behavior continues, the anti-graft court will use the delay as a ground to grant bail to the accused.

Government lawyers received the warning yesterday after former Commission on Audit (COA) chairman Reynaldo Villar was arraigned for plunder also for his alleged involvement in the misuse of Philippine Charity Sweepstakes Office confidential and intelligence funds (CIF) from 2008 to 2010.

“Not guilty, your honors,” Villar told the Sandiganbayan when asked to respond to the criminal complaint that was read in open court with one of his lawyers Ernesto Altamira III standing beside him.

Villar appeared before the Sandiganbayan to face the plunder case after agents of the police Criminal Investigation and Detection Group (CIDG) arrested him at his house in Parañaque last week.

But when his lawyer stood to proceed with the scheduled hearing on the petition for bail filed by the accused, ombudsman prosecutors led by Ma. Hazelina Tujan-Militante informed the First Division justices headed by Associate Justice Efren dela Cruz that they are not ready and are moving for a postponement.

Militante said she is adopting all evidence so far presented by the prosecution against Villar’s fellow respondents in the case, but intends to recall two witnesses to the stand for additional testimony.

Altamira, appearing in collaboration with lawyer and former senator Rene Saguisag, objected to the request for postponement, stressing that “one day in detention (for his client) is already excessive.”

“We are trying to expedite (the proceedings) as much as possible,” he told the Sandiganbayan as other defense lawyers representing Arroyo and the rest of the accused agreed that government lawyers are delaying the case.

Justice Dela Cruz then asked Militante on the nature of the additional testimony to be presented.

Militante said witnesses would be presented to prove that Villar was bribed purportedly to clear the use of PCSO’s CIF.

When the Sandiganbayan pressed Militante to explain why the prosecution cannot present the witness or present evidence on the day that the court scheduled the petition for bail hearing, she said that it was “upon the instruction of the ombudsman” that no witnesses will be presented for yesterday’s proceedings because they need more time.

“Did you receive our order? Were you not reminded? Yet you did not prepare?” Dela Cruz said, expressing disappointment on the failure of ombudsman lawyers to come to court prepared.

The lawyer of former PCSO budget and accounts manager Benigno Aguas expressed strong and vehement objection to the postponement, emphasizing that his client, who is one of the only two accused who has not been granted bail along with Arroyo, has been in jail for one year, six months and 29 days.

Altamira further commented that Villar had no participation in any of the transactions he is being accused of involvement with, pointing out to the Sandiganbayan that “this is one occasion that the accused is truly not guilty.”

After hearing the exchange of arguments, Dela Cruz suspended the hearing for five minutes to deliberate on the matter.

When Dela Cruz and Associate Justices Rodolfo Ponferrada and Rafael Lagos returned, the Sandiganbayan magistrates announced that they are granting the prosecution’s motion for postponement and will reset the hearing on May 7, but issued a stern warning that such acts of postponement that will further delay the proceedings of the case, if the same continues, will be treated “as a ground” for the grant of bail to Arroyo and Aguas, whose requests for temporary liberty pending trial has so far been denied.

Lawyer Laurence Arroyo, one of the former president’s defense counsels, said they share the court’s sentiment on the failure of the prosecution to present its evidence on yesterday’s hearing.

“We share the court’s bafflement at the prosecution’s inability to present their next witness. This is the second straight week that they have no witness. In the meantime, President Arroyo continues to be deprived of her precious liberty. The prosecution argued that they should be given their day in court. But that’s precisely what the weekly settings are for – so they can present their evidence,” he said.

He added that “in any event, we believe that the court came up with a just, fair and satisfactory decision when they agreed to the prosecution’s request for cancellation on the condition that if they again fail to present a witness on the dates allotted to them, President Arroyo will be given bail.”