“IT ain’t no sin if you crack a few laws now and then, just so long as you don’t break any.” That was how the Sandiganbayan concluded its decision junking the remaining corruption case against former President and now Pampanga Rep. Gloria Macapagal-Arroyo over the $329-million national broadband network (NBN) project involving the Chinese multinational company ZTE Corporation. The court’s fourth division quoted the 1937 American movie “Every Day’s A Holiday” in granting two demurrers to evidence in the graft and ethics cases lodged against Arroyo, her husband Jose Miguel Arroyo and former elections chief Benjamin Abalos. The former leader’s lawyer Lawrence Arroyo said Arroyo was deeply grateful for the decision that was filed against her in 2011, a year into the adminisration of former President Benigno Aquino III. “[Mrs. Arroyo] has always kept her faith in the judiciary and our courts have not failed to fearlessly render justice. Our courts have not allowed themselves to be swayed by public opinion or perception,” the lawyer said in a statement. He said the courts’ decisions to grant their demurrers in the NBN-ZTE case, PCSO case, and the P5.4-million civil suit filed against her by a religious group proves the charges she faced were all weak. In its decision, the Sandiganbayan said the prosecution failed to prove that Arroyo was interested in personal gain from the NBN project, which required the discretionary approval of the National Economic and Development Authority board which Mrs. Arroyo chaired when she was President. The Sandiganbayan said the cancellation of the contract on Oct. 2, 2007 proved that Arroyo was not interested in seeing the implementation of the project because she was looking forward to personal gain. Even the fact that Arroyo met with officials of ZTE Corp. in Shenzhen, China in November 2006 did not prove that she accepted favors or gifts from foreign officials.“There was no clear and indubitable proof presented by the prosecution that accused PGMA was the recipient. As a matter of fact, there was no evidence introduced on who made the payment,” the ruling read. The court said the prosecution failed to prove that the NBN-ZTE contract was “grossly and manifestly disadvantageous” to the government. The Sandiganbayan likewise took the prosecution to task for failing to establish the supposed conspiracy between the three officials and then-transportation secretary Leandro Mendoza for the contract to be signed. “This failure to specify the circumstances establishing conspiracy among the four accused is violative of their right to be informed of the accusations hurled against them,” the court said. With the project cancelled during the Arroyo administration, the Sandiganbayan said there was no longer any contract to refer to when the Ombudsman filed the cases against the former President in 2011. Arroyo was charged with one count each of violation of Section 3 (g) and 3 (i) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act and Section 7 (d) of RA 6713 of the Code of Conduct and Ethical Standards for Public Officials and Employees in connection with the NBN deal, which was allegedly overpriced by more than 50 percent of its actual cost of $130 million. The dismissal of the graft case against Mrs. Arroyo came barely two months after the Supreme Court junked the plunder case filed against her in connection with the alleged misuse of the P366-million intelligence fund of the Philippine Charity Sweepstakes Office.</s>The Sandiganbayan Fourth Division dismissed what is left of the graft charges against former president and current Pampanga Rep. Gloria Macapagal Arroyo in connection with the anomalous National Broadband Network (NBN) deal with ZTE.

The decision made by the anti-graft court to grant Arroyo demurrer to evidence officially dismissed all of the cases she is facing for her nine-year term as president.

Arroyo, together with her husband former First Gentleman Mike Arroyo and former Commission on Election chair Benjamin Abalos, was charged with two counts of graft for allowing the NBN-ZTE deal to push through despite not going through the proper process.

Arroyo and company were slapped with charges of violation of Section 3(g) of R.A. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act for reportedly taking advantage of their positions and fast-tracking the deal to the prejudice of the government.</s>With the Sandiganbayan decision to junk the graft case against her, former president and now House Deputy Speaker Gloria Macapagal-Arroyo may take a longer holiday abroad for her medical treatment.

The anti-graft court’s Fourth Division issued the ruling a few days after it granted Arroyo and husband, former Mike Arroyo, their respective motions to travel to Germany, France and Hong Kong starting Sunday.

However, sources from the Arroyo camp said that the couple is not expected to go beyond the October 3 limit for their return to the Philippines.

The former chief executive will go to Munich, Germany and Paris, France to consult medical experts on a serious spine condition.

She has also been allowed to go on vacation to Hong kong not earlier than October 29. Close family members will accompany her.

Meanwhile, lawyer Laurence Arroyo lauded the Sandiganbayan for granting the demurrers to the evidence on graft charges filed by the Aquino administration in connection with the ZTE broadband case.

“It’s a well reasoned decision. I encourage the public to read it,” Arroyo said.</s>The Sandiganbayan’s Fourth Division has dismissed the graft complaint filed against former president and now Rep. Gloria. Macapagal-Arroyo of Pampanga in connection with the botched $329-million national broadband network (NBN) deal.

The court granted the demurrer to evidence filed by Arroyo, her husband Jose Miguel “Mike” Arroyo, and former Commission on Elections Chairman Benjamin Abalos Sr. in the case where they were accused of violating Section 3(g) of the anti-graft law.

The court also granted Arroyo’s demurrer to evidence in case nos. 0468 to 0469 where she was accused of violating Section 3(i) of the anti-graft law and Section 7(d) of the Code of Conduct and Ethical Standards for Public Officials and Employees, respectively.

A demurrer to evidence is filed by an accused after the prosecution completes its presentation of evidence on the ground that the evidence presented are insufficient to convict the accused.

In a statement issued on Friday, defense lawyer Laurence Arroyo thanked the court for vindicating Arroyo.

“We are thankful to the Sandiganbayan for granting our demurrers in the three cases. It’s a well-reasoned decision. I encourage the public to read it. Former President Arroyo has been vindicated anew. She has always kept her faith in the judiciary and our courts have not failed to fearlessly render justice. Our courts have not allowed themselves to be swayed by public opinion or perception. They are bound by the evidence and the evidence alone,” the lawyer said.

Arroyo’s camp had argued that the NBN contract dated April 21, 2007 was inadmissible because it was not authenticated and the prosecution did not present the original of the contract, among others.

The defense also pointed out that the deal never became effective because Arroyo canceled it on October 2, 2007.

“Even assuming arguendo [for the sake of argument]that the NBN contract is admissible, and assuming further that it became effective and was never cancelled, the prosecution failed to prove that it is grossly and manifestly disadvantageous to the Government,” it said.

Arroyo’s lawyers said the prosecution failed to prove that the deal was overpriced at $329 million from $130 million which was supposedly the actual cost of Chinese firm ZTE’s proposal for the national broadband project.

The prosecution likewise failed to prove that the NBN project covered only 30 percent of the country compared with the proposal of Amsterdam Holdings, Inc. (AHI) that would cover 80 percent at less cost, Arroyo’s lawyers argued.

“It is the theory of the prosecution that the NBN contract is grossly and manifestly disadvantageous to the Government because AHI’s proposal is supposedly superior to it. Yet, the prosecution failed to present AHI’s written proposal,” they said.

The defense added that AHI “was not qualified to undertake the NBN project” and that the deal was “in fact, advantageous to the Government.”

The prosecution, it added, failed to prove that the former President was interested, for personal gain, in the approval of the project which required the approval of the National Economic and Development Authority (NEDA) where she served as Chairperson of the Board.

The prosecution also failed to prove that Arroyo knew of Abalos’ alleged attempt to bribe former NEDA Director General Romulo Neri with P200 million for the immediate approval of the proposal and that the deal was approved with alleged haste because it “went through several layers of review,” the defense counsels argued.
The Sandiganbayan court clears former Philippines president Gloria Macapagal Arroyo in the national broadband corruption scandal.