Plunder vs former AFP CoS can still be pursued

From the Daily Tribune (Apr 19): Plunder vs former AFP CoS can still be pursued

The Ombudsman’s dismissal of plunder charges against former military generals involved in the so-called “pabaon” scam does not prevent government prosecutors from pursuing still the case, especially since “double jeopardy” has not set in.

Sen. Edgardo Angara, who is also a lawyer, yesterday said the Department of Justice (DoJ) can move for a reconsideration on the dismissal of the case at the level of the Office of the Ombudsman.

“Let us not jump into conclusion that just because the case was dismissed that they (the accused military chiefs) has no culpability, nor can we say that they are guilty — that’s presuming guilt rather than innocence,” he said to reporters during a weekly news forum at the Senate.

Senate President Pro Tempore Jinggoy Estrada, last Wednesday, expressed dismay over the dismissal of the plunder charges against former military officials involved in the so-called pabaon scam.

“All our efforts were put to naught by this recommendation of the Office of the Ombudsman,” said Estrada, who had vigorously led a Senate blue ribbon inquiry into the alleged misappropriated military funds.

A lot of hard evidence was presented before the Senate by retired Col. George Rabusa against three former Armed Forces chiefs of staff (CoS), 14 other top-ranking military officials and five civilians who worked for the military, in connection with billions of pesos of alleged misappropriated funds in the Armed Forces of the Philippines.

Rabusa was just as dismayed, and asked in a TV interview,” what more does Ombudsman Conchita Carpio-Morales want (by way of evidence)?,” adding that he had a truckload of documents pointing to the irregularities committed in the AFP precisely due to the pabaon and pasalubong (welcome cash gift) amounting to millions, given to the incoming and outgoing CoS of the AFP.

The pabaon practice is common knowledge among the officers and men of the AFP.

It is possible, Angara said, that the government prosecutors committed some lapses insofar as gathering additional or sufficient evidence.

“Usually in cases like this, it’s either the lack of skill or the lack of diligence on the part of the prosecution.

“Normally, the Ombudsman will dismiss it for insufficient evidence so that reflects on the incapacity of the prosecutors to assemble evidence sufficiently to establish prima facie case. I cannot say on that basis they are not guilty but on the other hand, we cannot say that they are guilty. So, it’s the call of the Ombudsman,” he added.

It is likely that the case was dismissed for insufficiency of evidence and as such the prosecutors have to assemble more credible evidence, said Angara.

“Perhaps the evidence gathered by the Senate is not sufficient to show prima facie case. There may be need for additional evidence to be produced by the prosecutors.
There have been many investigations of the blue ribbon that we send to either the DoJ or Ombudsman where action is not being taken,” the senator said.

http://www.tribune.net.ph/index.php/nation/item/13077-plunder-vs-former-afp-cos-can-still-be-pursued