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The Sandiganbayan has dismissed the graft charge filed against former First Gentleman Jose Miguel "Mike" Arroyo on the 2009 purchase by the Philippine National Police (PNP) of two second-hand helicopters.
"Wherefore, in compliance with the Resolution dated Dec. 1, 2021 of the Supreme Court in G.R. No. 210488, the name Jose Miguel T. Arroyo is ordered dropped from the Information under Criminal Case No. SB-12-CRM-0164," the dispositive portion of the Sandiganbayan’s resolution stated.
In dismissing the case, the Sandiganbayan took cognizance of the SC ruling after Arroyo filed a motion to dismiss when he submitted a certified true copy of the High Court’s Dec. 1, 2021 resolution. The anti-graft court then received a certified true copy of the entry of judgment on the SC resolution last Sept. 19.
Arroyo was charged with graft together with then PNP Chief Jesus Verzosa and 10 other individuals for alleged anomalous purchase of the two helicopters.
The other accused are Romeo Hilomen, Roman Loreto, Avensuel G. Dy, Claudio D.S. Gaspar Jr., Ronald Roderos, Ruben Gongona, Ma. Linda Padojinog, Leocadio Salva Santiago Jr., Ermilando Villafuerte, and Job Nolan Antonio.
In another resolution, the Sandiganbayan denied the motion to dismiss filed by Dy, who was once a police officer and worked in the PNP’s Office of the Directorate for Comptrollership, on claim of res judicata on prison grey. Res judicata are Latin words which mean “a thing or matter that has been finally juridically decided on its merits and cannot be litigated again between the same parties.”
The Sandiganbayan said Dy cannot invoke res judicata in prison grey as the term connotes double jeopardy. "A dismissal on this ground requires that the accused has been convicted or acquitted or that the case against the person has been dismissed," it said.
"Definitely, there is no first jeopardy to even speak of; no resolution or decision to which the charges against accused Dy have been dismissed or terminated," it stressed.
The two resolutions were both signed by Seventh Division Chairperson Ma. Theresa Dolores C. Gomez-Estoesta and Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.
In its 2021 resolution, the SC reversed its 2020 decision as it ordered the exclusion of Arroyo in the Sandiganbayan case on the helicopters issue.
In its resolution that granted Arroyo’s motion for reconsideration, 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 Office of the Ombudsman (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.”