SC affirms dismissal of graft raps vs Arroyo over NBN-ZTE deal

The Supreme Court (SC) has affirmed the junking of graft charges against former President Gloria Macapagal Arroyo over the botched $329-million national broadband network project with Chinese firm ZTE Corp.

In a resolution, the SC Third Division dismissed for lack of merit the appeal of state prosecutors to overturn the Sandiganbayan’s decision in 2016 granting Arroyo’s demurrer to evidence on the ground that there was insufficient evidence to prove her guilt.

The SC also said the petition violated Arroyo’s constitutional right against double jeopardy, a legal principle in which a person cannot be tried for the same crime twice.

“Thus, even if the first trial is not completed, a second prosecution may be grossly unfair. It increases the financial and emotional burden on the accused, prolongs the period in which he is stigmatized by an unresolved accusation of wrongdoing, and may even enhance the risk that an innocent defendant may be convicted,” the Court said.

According to the high court, Arroyo’s acquittal may only be assailed in a petition alleging grave abuse of discretion on the part of the Sandiganbayan.

“A cursory examination of the petition readily reveals that in essence, petitioner excoriates the Sandiganbayan’s evaluation and assessment of the evidence presented by the prosecution. Petitioner bemoans the ‘gross misapprehension of the facts and the evidence on record’ which led to the grant of the demurrer in favor of GMA (Gloria Macapagal Arroyo),” the Court said in a resolution dated October 14, 2020.

“However, a writ of certiorari can only correct errors of jurisdiction or those involving the commission of grave abuse of discretion, not those which call for the evaluation of evidence and factual findings. Accordingly, we cannot condone this specious approach at stretching the allowable limits of questioning a judgment of acquittal,” it added.

In dismissing the charges against Arroyo, the Sandiganbayan said the prosecution failed to prove the existence of any direct or indirect interest for Arroyo’s personal gain during the deliberations on the contract.

The anti-graft court also junked the similar charges against her husband Mike Arroyo and former Commission on Elections chairman Benjamin Abalos Sr.

Arroyo scrapped the deal in 2007 amid allegations of corruption in the awarding of the contract.—AOL, GMA News