THE Supreme Court yesterday dismissed the plunder case against former president Gloria Macapagal Arroyo and ordered her released, ending her nearly four years of hospital arrest.
SC spokesman Theodore Te announced that the high tribunal voted 11-4 in favor of Arroyo, now Pampanga’s 2nd District representative.
Reads part of the SC ruling: “Wherefore, the Court grants the petitions for certiorari; annuls and sets aside the resolutions issued in Criminal Case no. SB-12-CRM-0174 by the Sandiganbayan on April 6, 2015 and September 10, 2015; grants the petitioners demurrers to evidence; dismisses Criminal Case no. SB-12-CRM-0174 as to the petitioners Gloria Macapagal-Arroyo and Benigno Aguas for insufficiency of evidence; order the immediate release from detention of said petitioners; and makes no pronouncements on costs of suit.”
The case involves the alleged misuse of the P366-million confidential intelligence fund of the Philippine Charity Sweepstakes Office (PCSO) during Arroyo’s presidency.
Te said the Court voted 11-4 in G.R. No. 220598 (Macapagal-Arroyo) and 10-5 in G.R. No. 220953 (Aguas).
Those who voted to dismiss the case against Arroyo were Associate Justices Presbitero Velasco, Jr.,Teresita Leonardo-de Castro, Arturo Brion, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Jose Perez, Jose Mendoza, Bienvenido Reyes, Estela Perlas-Bernabe and Francis Jardeleza.
Those who dissented were Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio and Associate Justices Marvic Leonen and Alfredo Benjamin Caguioa.
Sereno and Leonen submitted separate dissenting opinions.
Associate Justice Brion submitted a separate concurring opinion while Associate Justice Bernabe submitted a separate concurring and dissenting opinion.
For her part, Arroyo hailed the high court’s decision saying the justice and righteousness have prevailed over injustice and wrongdoing.
“With the High Tribunal rendering a final decision on this unfortunate episode, I sincerely hope that everyone will respect and recognize the truth that has been established,” Arroyo said in a statement.
The third-term Pampanga representative also lauded President Duterte for “allowing due process to take its course totally unhampered.”
In the campaign trail, Duterte promised he would release Arroyo from detention if elected President due to weak evidence, an offer that the former president declined.
“I also extend my heartfelt appreciation to His Excellency, President Rodrigo Duterte, and to the honorable members of the Supreme Court,” Arroyo said.
However, Renato Reyes Jr., national chair of Bagong Alyansang Makabayan called the decision a definitive proof of the “great divide between rich and poor suspects,” and suspected the Aquino administration purposely filed a “weak” case.
“Did Aquino file a weak case destined to be dismissed? The release of Arroyo, and Aquino’s failure to successfully prosecute her, will forever be hallmarks of the so-called Daang Matuwid,” Reyes posted on his Facebook account.
Reyes added it is important to determine the culpability of the Aquino administration for the outcome of the Arroyo’s plunder case.
“Indeed, the powerful can get away with a lot of things under our justice system,” said Reyes.
Malacanang said it would respect and abide by the decision to dismiss the plunder case.
“The Supreme Court has spoken. Let us respect and abide by the High Court’s decision,” said Presidential Communications Office Secretary Martin Andanar said.
Presidential spokesman Ernesto Abella said Malacanang recognizes the independence of the SC.
“We have not yet seen a cop (of the ruling). However, we recognize the High Court’s independence and if true, we will abide by its decision,” Abella said.
Arroyo, the country’s president from 2001 to June 2010, is expected to be released soon from the Veterans Memorial Medical Center (VMMC) in Quezon City where she is under hospital arrest since Oct. 4, 2012.
The former leader is suffering from a bone mineral disorder. (with reports from pna)
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