The Sandiganbayan Fourth Division denied a motion for reconsideration filed by state prosecutors seeking to overturn the August 8 ruling which dismissed the graft and ethics violation charges against former President now Pampanga 2nd District Rep. Gloria Macapagal-Arroyo.
In a five-page resolution, the Sandiganbayan has affirmed its dismissal of the charges against GMA in connection with the botched national broadband network (NBN) project with the Chinese firm ZTE Corp.
The Court said it “finds the arguments of the prosecution insufficient to warrant the reversal of the questioned Resolution.”
Arroyo, who underwent hospital detention, 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.
However, the Fourth Division has yet to release a ruling on the motion for reconsideration filed regarding GMA’s other graft case.
The Sandiganbayan, in dismissing the criminal charges against Arroyo, said state prosecutors failed to raise “new and substantial arguments” to reverse the court’s ruling.
“To reiterate, considered in its entirety, the pieces of documentary as well as testimonial evidence adduced by the accused were found to be insufficient to prove the guilt of accused GMA (Arroyo’s initials),” the court said.
In its
The state prosecutors, in their motion for reconsideration, cited the admission of former socioeconomic planning secretary Romulo Neri’s that former Commission on Elections chairman Benjamin Abalos bribed him with P200 million to approve the ZTE proposal.
According to state prosecutors, Arroyo violated the Code of Conduct and Ethical Standards for Public Officials and Employees by accepting a gift from ZTE.
The court however stated that an acquittal in a criminal case is final and executory upon its promulgation.