First Posted 12:03:00 04/26/2011
MANILA, Philippines – (UPDATE 2) Former Solicitor General Frank Chavez on Tuesday filed plunder charges against former President Gloria Macapagal-Arroyo before the Department of Justice.
Chavez accused Arroyo, now a member of the House of Representatives, and three other members of her administration of misusing P530 million, not P533 million as reported earlier, belonging to the Overseas Workers Welfare Administration from 2003 to 2004.
The money was allegedly diverted to PhilHealth, which then distributed health cards with her image during the 2004 presidential elections.
Also named respondents were former Foreign Affairs Secretary Alberto Romulo; then Philhealth president and Health Secretary Francisco Duque III; and former OWWA chief Virgilio Angelo.
They are also facing a complaint for Qualified Theft, violation of the Omnibus Election Code, and Republic Acts 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and 3019 or the Anti-Graft Law.
Chavez, in his complaint, said Mrs. Arroyo approved the diversion of some P530 million OWWA Medicare Fund to the PHIC as recommended by Duque.
According to the complaint, Duque himself drafted the Executive Order, which “will have a significant bearing in 2004 elections and on the President’s desire to provide health insurance to eight million indigents by end of 2003.” This was approved by Mrs. Arroyo.
“Anyone of course is at liberty to stretch the term ‘purpose’ to its ridiculous extremes. But the proposed transfer of hundreds of millions from the OWWA Medicare Fund to the PHIC was redundant if not altogether unnecessary,” the complainant said.
“Clearly, then, respondents are guilty of plunder through the first predicate crime, as the diversion of the said amount had absolutely nothing to do with the intended purposes of the OWWA fund,” he added.
Chavez said Mrs. Arroyo also approved the diversion of some $293,500 from OWWA funds to finance preparatory activities such as stockpiling and purchase of vehicles of several posts in Lebanon, Jordan, Oman, Bahrain, Egypt and Iran in support of the US-led war in Iraq.
Chavez, quoting the 1987 Constitution, pointed out that “all money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any shall be transferred to the general funds of the government.”
In this case, he said the OWWA fund, by its very nature and express statutory edicts “is meant for the direct and exclusive benefit of OFWs. Thus…approving said requests for disbursements to be drawn from the OWWA fund, respondents have clearly violated the constitution.”