By Michael Punongbayan (The Philippine Star) Updated October 29,
MANILA, Philippines – The Sandiganbayan yesterday ruled that former President Gloria Macapagal-Arroyo could not be a witness for the prosecution against her former socioeconomic planning chief Romulo Neri in the approval of the controversial $329-million national broadband network (NBN) contract.
In a four-page ruling, the Sandiganbayan’s Fifth Division granted the motion of Arroyo to quash the subpoena compelling her to appear as a witness for the prosecution against Neri.
Arroyo, now a Pampanga representative, cited the provisions under the Constitution over her right to remain silent and refuse to take the witness stand.
Her lawyers Estelito Mendoza and Jose Flaminiano said the prosecution cannot present the former president as a witness against Neri since she herself is also being investigated over the case.
Government lawyers argued Arroyo is not a respondent in the case. They said Arroyo can choose not to answer incriminating questions while at the witness stand.
Prosecutors had called on Arroyo to testify against Neri for approving the NBN contract with Chinese telecommunications firm ZTE Inc.
The Sandiganbayan, however, noted Arroyo, as the former chief executive, is among those being questioned over the approval of the controversial contract.
“It is clear that the movant (Arroyo) is being investigated in matters related to the NBN-ZTE deal. There is no question that movant is being accused of having committed illegal acts in connection with the NBN-ZTE deal, and that these alleged illegal acts are subject of investigation in different venues,” the anti graft court said.
The Sandiganbayan noted Arroyo is under investigation by the Department of Justice (DOJ) over the same issue.
A complaint was filed against Arroyo last year but was dismissed by the Ombudsman citing her presidential immunity from suit. The same issue is under question before the Supreme Court (SC).
Arroyo, for her part, expressed relief over the ruling of the Sandiganbayan, her spokesperson said.
“We’re glad that the Sandiganbayan sustained former President Gloria Macapagal-Arroyo’s position,” her spokesperson Ma. Elena Bautista-Horn said.
“The decision only showed that we were right all along,” she said.
Horn said she sent a text message to Arroyo informing her of the Sandiganbayan’s ruling. She said Arroyo was in Pampanga when the ruling came out.
Horn said Arroyo has never lost her focus on her work as Pampanga representative even during the hearings over the case.
“But of course that issue is one less thing to handle for her,” Horn said.
Government lawyers, on the other hand, are planning to question the Sandiganbayan ruling favoring Arroyo before the SC.
“We will go to the Supreme Court by way of a Petition for Certiorari,” Deputy Special Prosecutor John Turalba said.
Since the prosecution was not allowed to call Arroyo to the witness stand, government lawyers presented the records custodian of the Senate during the hearing yesterday.
The STAR columnist Jarius Bondoc also took the witness stand against Neri.
Director III Antonia Barros of the Senate Legislative Records and Archives Services testified on the authenticity of the documents pertaining to the Senate investigation into the NBN-ZTE deal in 2007.
The same records would be used as evidence against Neri during the trial.
Bondoc affirmed his testimony he had given before the Senate that investigated the issue.
He said Neri called him in the morning of April 20, 2007 after reading his article in The STAR regarding the NBN-ZTE deal. He said Neri called him up begging for more information regarding the deal.
Bondoc confirmed the contents of his affidavit in October 2007 in narrating what he learned from Neri about the allegedly anomalous contract.
He also mentioned what Neri had revealed to him that Abalos offered a P200-million bribe in exchange for the approval of the contract. He said Neri revealed to him that the bribe offer took place during a golf game at the Wack Wack Golf and Country Club in Mandaluyong.
Bondoc said Neri referred to the NBN-ZTE deal as “stinking” but this was ignored by the former president who pushed on to approve the contract.
Bondoc was cross-examined by Abalos’ lawyers regarding his affiliations.
He admitted his wife Marissa is a relative of former Speaker Jose de Venecia Jr. whose son Joey was among those blew the whistle on the NBN-ZTE deal.
Bondoc though said Marissa is also related to the Abalos family as she has first cousins with the surname Abalos. - With Paolo Romero
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