Arroyo ready for new rap, says Palace

MANILA - Malacañang is not sweating blood over the Senate recommendation that an impeachment complaint be filed against President Gloria Macapagal-Arroyo in connection with the scandal-ridden National Broadband Network (NBN) deal with China’s ZTE Corp.

And the Senate report may not convince Ombudsman Merceditas Gutierrez to revise her resolution clearing the First Couple of any liability in the NBN-ZTE scandal.

Lorelei Fajardo, deputy presidential spokesperson, Wednesday expressed confidence that Ms Arroyo would weather another impeachment case that might be filed by her political enemies.

“There were many attempts in the past to impeach President Arroyo and we know that they didn’t succeed because they were all [based on] hearsay [and] no evidence was presented to [back] the allegations,” Fajardo told reporters at a briefing that she conducted jointly with Ruy Rondain, the lawyer of the President’s husband, Jose Miguel Arroyo.

“So if there would be an attempt to file another impeachment [complaint] against her, then we will be ready for that,” she said.

Varied interpretations

Rondain expressed doubt that the report of the Senate investigating panel would convince Ombudsman Gutierrez to revise her resolution clearing the First Couple of liability in the NBN-ZTE scandal.

“I don’t want to belittle the Senate report, but from a litigation perspective, I don’t need it. It’s not that it’s useless, but I don’t need it,” Rondain said.

“Unless they present new evidence, I don’t see how the Ombudsman can come out with a different decision,” he said.

Rondain pointed out that the blue ribbon committee and the Ombudsman had perused the same set of transcripts on the Senate inquiry into the NBN-ZTE deal.

He attributed the contradictory findings to “a difference in interpretations.”

Ombudsman prevails

“The senators looked at the evidence this way, the Ombudsman did not. They just don’t agree,” Rondain said, adding:

“Unfortunately, it’s the Ombudsman’s evaluation that will prevail.

“[The Senate report] is not binding. The Ombudsman is a constitutionally independent body. It cannot—and should not—be influenced by anyone, not even by the Senate.”

Rondain admitted experiencing “mixed relief” that the Senate investigating panel had also recommended the prosecution of whistle-blowers Jose de Venecia III and Rodolfo “Jun” Lozada.

“To me, it’s clear from the beginning—the two are guilty. If there’s anyone who should be indicted, it’s these two gentlemen,” he said.

Can’t ignore it

On the other hand, Assistant Ombudsman Jose de Jesus said the Ombudsman panel looking into the NBN-ZTE scandal “cannot ignore” the Senate report.

De Jesus said the seven-member panel chaired by Deputy Ombudsman Emilio A. Gonzalez III would include the “very timely” Senate report in its review of the motions seeking reconsideration of its earlier findings clearing the First Couple of liability.

The final approving authority on the panel’s findings is Overall Deputy Ombudsman Orlando C. Casimiro, according to De Jesus.

He said the panel would issue its findings “quite soon.”

“Once we receive a copy of the Senate report, it will be considered alongside the motions for reconsideration. We cannot ignore the Senate report,” he said.

De Jesus pointed out that while the Ombudsman panel had cleared the First Couple, the complainants’ motions for reconsideration had also asked that the Arroyos be included in the charge sheet.

“The First Gentleman is still included in the case because the motions for reconsideration asked that we look again at charges against him,” De Jesus said.

He declined to comment on the accusations leveled at Ms Arroyo, noting that a complainant had challenged in the Supreme Court the Ombudsman’s position that the President was immune from suit.

“So that’s sub judice, but the complainants are also asking that she be charged. I cannot comment on that. Right now, the [initial resolution on the case] is not yet final and executory,” he said.

Inhibited from case

De Jesus dismissed opposition claims that the high government officials accused in the case would eventually be cleared because of Ombudsman Gutierrez’s “closeness” to the First Family.

“There is no truth to that. Ombudsman Gutierrez has already inhibited herself from the case to avoid accusations like this. Let us not color this with politics,” De Jesus said.

“As far as the Ombudsman is concerned, we decide on cases based on the evidence, the law, and the jurisprudence from the Supreme Court. We want the truth to come out,” he said.

De Jesus said the panel would also consider whether whistle-blower Lozada should likewise be charged: “He was a witness in the [initial] case, so we have to see if there is a need to conduct a fact-finding investigation of his actions.”

More pressing issues

Fajardo questioned the wisdom of impeaching Ms Arroyo in the face of the recent calamities and the preparations for the 2010 elections, and with only six months remaining in the latter’s term.

“There are far more important and pressing issues that we need to face rather than focus again on impeaching the President. [But] we’re not worried. We are ready to answer any accusation,” she said.

Fajardo said the NBN-ZTE issue and the recommendation of a Senate investigating panel led by the blue ribbon committee to impeach Ms Arroyo could be “used as an issue for anybody’s political agenda” in the run-up to the elections.

“We hope that this report… will be the end of it because we’ve already exerted so [much] effort and time on this issue,” she said.

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