GMA answers plunder raps

MANILA, Philippines - Former President Gloria Macapagal-Arroyo appeared before the Department of Justice (DOJ) yesterday to face a plunder case filed against her.

Joined by her lawyer, former solicitor general Estelito Mendoza, the Pampanga lawmaker personally submitted her counter-affidavit and denied allegations of taxpayer Danilo Lihay-lihay that she violated the law when her administration sold the P1-billion lot of the former Iloilo airport to Megaworld Corp. in 2007.

During the preliminary investigation at 2 p.m., Arroyo swore under oath the counter-affidavit she submitted to the investigating panel led by Senior Assistant State Prosecutor Peter Ong.

It was the first time Arroyo attended a hearing of a case involving her nine-year administration.

She did not speak with media after the 30-minute hearing. In her 21-page counter-affidavit, Arroyo said the complaint should have been dismissed outright since it clearly does not show on its face that the offense of plunder has been committed.

“I did not sell the existing Iloilo airport, which obviously did not belong to me but to the national government, but only authorized its disposition through an asset disposition program,” read the counter-affidavit.

“The processes of which is to be utilized in accordance with the applicable laws and regulations. I did not myself sell any asset and, consequently, no income can be imputed to me.

“The sale or disposition of the Iloilo Airport was done through the corresponding agencies of the government which, as previously emphasized being part of the government, are not subject to payment of capital gains tax.”

Mendoza also questioned why the DOJ accepted jurisdiction over the case despite strong pronouncement of President Aquino that officials of the former administration who have been accused of corruption would be investigated and charged in court.

“The DOJ is part of the executive department, and the President has made public statements saying one of his missions is to investigate the previous administration of President Arroyo and to file charges, so there is a problem of impartiality insofar as DOJ is concerned,” he said.

Mendoza said Lihay-lihay’s complaint is “completely baseless” and “absurd” since it does not constitute basic elements needed for a plunder case: accumulation, acquisition and amassing of ill-gotten wealth by a public official.

“Under the plunder law, it should be the respondent who must acquire the wealth,” he said.

“But what did President Arroyo do? She just issued an executive order authorizing the sale of Iloilo airport and she did not perform the sale.

“There is no allegation whatsoever in the complaint that that sale was irregular – that anybody made money from that sale.”

Mendoza said Arroyo’s only participation in the sale is when she signed Executive Order 360, which paved the way for the disposition of the asset property.

The actual sale was implemented by other officials, he added. Mendoza said what the complainant alleged was not plunder, but a violation of the National Internal Revenue Code (NIRC), which is for the Bureau of Internal Revenue, not the DOJ, to investigate.

“The complaint suggests a plainly absurd theory in that the nonpayment of taxes is a theft of public funds and a crime of plunder through malversation of funds,” he said.

“Even assuming a capital gains tax was due and not paid, such nonpayment would not constitute the offense of plunder but a violation of the NIRC,” he said.

Mendoza said assuming the charges would constitute plunder, it should be investigated by the Office of the Ombudsman that has constitutional jurisdiction over plunder and graft cases.

“Under RA 8249, the Sandiganbayan has exclusive original jurisdiction over crimes committed by public officials and employees with salary grade 27 or higher.

In order to guard against prosecutorial abuse, a preliminary investigation and the determination of probable cause is of necessity to be conducted only by officers who have jurisdiction,” he said.

Other respondents in the case are Foreign Affairs Secretary Alberto Romulo, Megaworld Corp. owner Andrew Tan, former finance secretary Margarito Teves and former Finance Privatization Council head John Sevilla.

Romulo, Tan and Sevilla already filed their counter-affidavits in earlier hearings.

The DOJ has set the next hearing on Oct. 18.

Edu Punay, Philippine Star