ANTI-GRAFT groups Kilosbayan and Bantay
Katarungan yesterday filed plunder, graft and misconduct charges
against President Arroyo based on what they said was her
foreknowledge of the anomalies of the $329 million national
broadband contract with China’s ZTE Corp.
Among the allegations was Arroyo’s admission
in a radio interview (dzRH) on Feb. 23, 2008 that she knew as
early as April 20, 2007 that the NBN deal was ‘flawed and
anomalous’. The interview was subsequently aired by national
television networks and reported in broadcast and print media.
The complaint noted the testimony of former
National Economic Development Authority director general Romulo
Neri that he informed Arroyo of a P200 million bribe offered him
by then Elections chair Benjamin Abalos to endorse the NBN-ZTE
deal.
"Respondent (President Arroyo), despite
foregoing knowledge, did not stop or suspend the deal, let alone
order its investigation, but instead went on to authorize and
sanction the signing of the NBN-ZTE agreement," the complainants
said.
The complainants said Arroyo’s order to
cancel the ZTE contract Sept. 22, 2007 does not extinguish her
liability as this directive came five months after she first
became aware of the anomalies and after the Supreme Court forced
the halt of the project implementation coinciding with the
Senate’s inquiry that exposed the scandal.
Former Senate President Jovito Salonga,
founder of the two anti-graft organizations, said the Ombudsman
is empowered to investigate Arroyo.
Salonga said the Constitution states that the
President is immune from suits but not from any investigation
and the Ombudsman is likewise mandated to conduct and subject to
investigation any public officials even if he or she is the
president.
"Dadalhin ‘yan sa Sandiganbayan. Immunity
from suit covers that but by that time nakalipas na ang 2010 and
therefore she will become a private citizen…hindi naman siya
forever dun lalo na ngayon sinabi na niya, ‘I will step down in
2010,’" Salonga said.
BAD EXPERIENCES
Salonga said they would ask Ombudsman
Merceditas Gutierrez and Deputy Ombudsman Orlando Casimiro and
Emilio Gonzales to inhibit themselves, citing their (Kilosbayan
and Bantay Katarungan) "bad experiences" when the Ombudsman
dismissed their complaint against Comelec officials in the
multi-million peso computerization project which the Supreme
Court had earlier voided.
"We are calling for a fair and impartial
probe on the matter."
Salonga said the violations committed by
Arroyo were "impeachable offenses" but doubted that it would
prosper.
"With the present set-up in Congress na
nasuhulan na ng Malacañang an impeachment complaint is unlikely
to prosper. Sa tingin naming mahigit sa 170 na mga congressmen
na ang nasuhulan dun," he said.
BANDWAGON
Executive Secretary Eduardo Ermita said while
it is Salonga’s right to file the charges "a sitting president
cannot be sued so I don’t know what that thing would serve."
Deputy presidential spokeswoman Lorelei
Fajardo said it is sad that a "staunch constitutionalist" like
Salonga filed plunder charges against Arroyo instead of waiting
for the conclusion in the ongoing probe including that in the
Senate.
"We feel that everyone is just simply jumping
on the bandwagon of reckless judicial actions against the
President," she said.
JUMPING THE GUN
Ermita dismissed the latest impeachment
complaint filed by lawyer Oliver Lozano Tuesday.
Ermita said the last impeachment complaint
filed by lawyer Roel Pulido in October 2007 means the President
would enjoy immunity form a similar suit for at least a year.
"Therefore, kung may pag-uuspan na impeachment na naman, ay
bandang October 2008. We are jumping the gun by saying kung
meron basis," he said. – Jocelyn Montemayor, Peter Tabingo
and Ashzel Hachero
