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PAMPANGA MAYOR, 39 OTHERS JOIN PETITION TO JUNK PCSO CASE VS GMA There appears to be a growing clamor for the

dismissal of the plunder case filed against former President and now Pampanga Rep. Gloria Macapagal Arroyo in connection with the alleged misuse of PCSO fund. This after another batch of Pampanga residents, this time led by Guagua Mayor Ricardo Rivera, had asked the Supreme Court to intervene in the petition of the former President to stop the Sandiganbayan trial on the PCSO case. In a five-page supplemental petition for intervention, Rivera and the 39 Pampanga residents in Arroyos second district said they join the earlier petition for intervention filed by fellow residents Rico Manulid Ocampo, Eugene Paul Ponio, Marcelo Rivera Valencia and Joaquin Maalac saying with Arroyos incarceration for a non-bailable charge of plunder they have been deprived of full representatation by their duly-elected representative. In their petition, they asked the high court to immediately issue a temporary restraining order and/or a writ of preliminary injunction enjoining the respondent Ombudsman from prosecuting the case, and the respondent Sandiganbayan from proceeding with the case and from continuing with the arrest and detention of Arroyo. The Pampanga residents who signed the petition were Rivera, Anthony Joseph Torres, Roy Andre Sunglao, Rodolfo Ocampo, Joel Pascual, Rey Cayanan, Ruben Manlutac, Hector David, Ernesto Enriquez, Ruperto Tanjoco, Santos, Serrano, Homer Garcia, Dante Gozo, Angelo Layug, Victor Gaviola, Antonio Ladao, Helen Tantengco, Ma. Victoria Soriano, Jessie Cardona, Alfonso Ocampo, Jesus Sunga, Maricel Sunglao, Fe Sunglao, Amylyn Sunglao, Bernadette Sunglao, Joel Pascua, Remy Ria Pascua, Gino Ocampo, Danilo Alfonso, Evelino Parico, Heriberto Alfonso, Dante Sarmiento, Florinda Dasig, Eneline Vitug, Paterno Ocampo, Russel Sahagun, Jingerly Calma, Orlando Navarro, Sharon Baldovino and Mark Owen Guiao. Herein intervenors, as bonafide residents and registered voters of the second district of Pampanga where petitioner Arroyo is currently serving as incumbent representative to the House of Representatives, REPLEAD the grounds stated in the Petition for Intervention filed before this Honorable Court by Ocampo, Ponio, Valencia, and Manalac, the residents said.

They said Mrs. Arroyo is wrongly charged of misusing P366 million in confidential and intelligence fund of the PCSO because the Commission on Audit itself had fully liquidated the said amount in their reports. (I)ntervenors likewise question the basis of the respondent Ombudsmans conclusion that there was probable cause against PCSO Vice Chairman and General-Manager Rosario C. Uriarte (and petitioner Arroyo, by implication) notwithstanding the fact that the Commission on Audit (COA) never found any wrongdoing involving the intelligence funds, they said. They further added, (i)n fact, when Atty. Nilda B. Plaras, head of the Intelligence/Confidential Fund Audit Unit of the Commission on Audit, requested additional documents about the subject intelligence funds, Uriarte complied and even addressed her communication to the Office of COA Chairman Reynaldo A. Villar. Such compliance by Uriarte, they stated, had been been confirmed by COA Commissioner Heidi Mendoza herself. The intervenors also said the Office of the Ombudsman had no authority to review the COA findings clearing Arroyo and her co-accused because being a constitutional body, its findings may only be reviewed by the Supreme Court. This exclusive authority of the COA may only be reviewed by no less than the Supreme Court as clearly mandated by Section 7, Article IX-A of the Constitution, which provides that Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari... Clearly, the Ombudsmans attempt to disregard the fact that COA found no wrongdoing on the part of the PCSO is a clear arrogation of power that it does not possess. It cannot, in any way, insist that there is probable cause against the PCSO officials (and petitioner Arroyo by implication) when in the first place, the COA itself never found any, they said.

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