The Supreme Court (SC) has reversed its 2020 decision as it ordered the exclusion of former first gentleman Jose Miguel T. Arroyo from the Sandiganbayan criminal case involving the purchase by the Philippine National Police (PNP) of three helicopters for P104.9 million in 2009.
The resolution, which cleared Arroyo of the graft charge, was written by the now retired Associate Justice Rosmari D. Carandang. It was promulgated last Dec. 1 and made public last April 10.
In its 2020 decision which was written by Associate Justice Marvic M.V.F. Leonen, the SC dismissed Arroyo’s petition challenging his inclusion in the graft complaint filed by the Office of the Ombudsman (OMB) in 2012. The SC then ruled that Arroyo should be charged with graft.
The OMB indicted Arroyo for alleged conspiracy with several PNP officers and personnel and private persons in the purchase of the three helicopters, two of them were reportedly second-hand units and allegedly owned by former first gentleman.
It said the transaction caused undue injury to the PNP and the government in the amount of P34.6 million.
On May 27, 2013, Arroyo filed with the Sandiganbayan a motion for judicial determination of probable cause and pleaded for the dismissal of the case. His plea was denied by the Sandiganbayan which ruled that he reportedly participated in the transaction based on the evidence presented by the prosecution.
When the SC dismissed his petition against the Sandiganbayan’s ruling, Arroyo filed a motion for reconsideration.
In granting the motion, the SC said:
“While hearsay evidence may be considered at the preliminary investigation stage in finding probable cause, the prosecution committed grave abuse of discretion in disregarding the documentary evidence Arroyo presented to refute the claim that he participated in the subject procurement.
“Between the hearsay statement... and the documentary evidence submitted by Arroyo, the 0MB and the Sandiganbayan committed grave abuse of discretion in giving weight to the former and in disregarding the latter.
“In this case, despite the statements given by witnesses of the prosecution supporting Arroyo's contention that he is not the owner of the two helicopters, the 0MB and the Sandiganbayan disregarded these and continued to conclude that LTA (Lourdes T. Arroyo, Inc.) and Arroyo are one and the same.
“Likewise, the 0MB and Sandiganbayan erred in concluding that the frequent use of the helicopters by Arroyo and his family is evidence of his ownership since Lionair, Inc. is in the business of offering its fleet to selected clients.
“When the evidence submitted by the prosecution contradicts its own claim of conspiracy, the 0MB would be committing grave abuse of discretion in finding probable cause against the private individual respondent (Arroyo).
“Likewise, the Sandiganbayan would be committing grave abuse of discretion in upholding the prosecution's finding of probable cause, through the issuance of a warrant of arrest, when the evidence relied upon shows that Arroyo had already divested from LTA approximately eight years before the questioned procurement.
“When these factors are taken together with the fact that the prosecution failed to allege and demonstrate how Arroyo connived with any of the public officer respondents at any point during the preliminary investigation, both the 0MB and Sandiganbayan gravely erred in finding probable cause and putting him on trial.
“Accordingly, the Sandiganbayan committed grave abuse of discretion in issuing the warrant of arrest and in assuming jurisdiction over the case.
“In this case, while the case had been pending for almost a decade now from the date (May 30, 2012) the Information against Arroyo was filed, there is no proof to show that the period was characterized by vexatious, capricious or oppressive delays amounting to a violation of his right to speedy disposition of the case against him.
“It must be highlighted that the administrative and criminal aspects of the subject procurement involved approximately 33 respondents. The submissions of each party had to be thoroughly reviewed by the 0MB. The resolution of the complex factual and legal issues involved in the criminal case against Arroyo cannot be sacrificed in favor of expediency especially when public money is involved.
“Therefore, a mere mathematical computation is not enough to conclude that his right to speedy disposition of cases was violated.
“WHEREFORE, premises considered, the Motion for Reconsideration filed by petitioner Jose Miguel T. Arroyo is hereby GRANTED. The Sandiganbayan is ORDERED to drop petitioner Jose Miguel T. Arroyo from the Information filed in the criminal case docketed as SB-12-CRM-0164 at any stage of the proceedings. SO ORDERED.”