Sandigan allows GMA plea to junk NBN case

MANILA, Philippines - The Sandiganbayan has granted former president Gloria Macapagal-Arroyo’s request that she be allowed to move for the dismissal of the graft cases she is facing for her alleged involvement in the national broadband network (NBN) deal anomalies through a demurrer to evidence.

Magistrates of the anti-graft court’s Fourth Division, chaired by Associate Justice Jose Hernandez, gave her lawyers 10 days to file the pleading to have the charges junked halfway through the trial on the basis of the prosecution’s failure to prove its accusations.

The Sandiganbayan also gave lawyers from the Office of the Ombudsman another 10 days to comment or file an opposition or objection to the demurrer to evidence.   

Her lawyers said the prosecutors, after resting their case and presenting all the supposed evidence they have, were not even able to present the original copy of the so-called contract between the government and China’s ZTE Corp.

Arroyo’s defense lawyers said the former president actually cancelled the $329-million deal on Oct. 2, 2007, which means that, “in contemplation of law, there is no contract to speak of.”

Arroyo was accused of fast-tracking the approval of the project despite reportedly being disadvantageous to the government.

She was charged along with her husband, former First Gentleman Jose Miguel Arroyo, and former Commission on Elections chairman Benjamin Abalos.

Abalos was later cleared of charges that he brokered the NBN deal for a commission worth $130 million.

Meanwhile, Arroyo asked the Supreme Court anew on Thursday to dismiss the remaining plunder case against her before the Sandiganbayan over her alleged involvement in the P366-million Philippine Charity Sweepstakes Office (PCSO) fund anomaly.

Arroyo argued there is a need to resolve her case after the Office of the Ombudsman started investigation on a new complaint for plunder and malversation of public funds also in connection with the PCSO funds – this time covering the period from 2004 to 2007.