I  THAT GLORIA MACAPAGAL-ARROYO, PRESIDENT OF THE PHILIPPINES, COMMITTED CULPABLE VIOLATIONS OF THE CONSTITUTION, MAKING A MOCKERY OF THE PEOPLE’S RIGHT OF SUFFRAGE AND TRAMPLING ON THE BASIC CONSTITUTIONAL PRINCIPLE THAT THE PHILIPPINES IS A DEMOCRATIC STATE, WHEN SHE COMMITTED ACTS INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

             A. SHE UNDERMINED THE INDEPENDENCE OF THE COMMISSION ON ELECTIONS (HEREINAFTER, COMELEC).

             B. SHE DIRECTED AND/OR KNOWINGLY ALLOWED THE COMMISSION, AND IS THE CHIEF BENEFICIARY, OF ELECTORAL FRAUD IN NUMEROUS VOTE-RICH AREAS IN THE COUNTRY, CONNIVING OR CONSPIRING WITH, IF NOT COERCING, OR AT THE VERY LEAST KNOWINGLY ALLOWING, IN VIOLATION OF HER SWORN DUTY TO UPHOLD THE CONSTITUTION AND EXECUTE ITS LAWS, OFFICIALS OF THE COMELEC, THE POLICE AND THE MILITARY TO ENSURE HER VICTORY IN THE MAY 2004 PRESIDENTIAL ELECTIONS, AND ALL, TO PERPETRATE ELECTORAL FRAUD.

 II  THAT GLORIA MACAPAGAL-ARROYO, PRESIDENT OF THE PHILIPPINES, BETRAYED THE PUBLIC TRUST, WHEN SHE COMMITTED ACTS INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

             A. SHE OBSTRUCTED JUSTICE BY ATTEMPTING TO DELAY, IMPEDE, COVER UP AND CONCEAL OR OTHERWISE IMPAIR THE VERITY, AUTHENTICITY, ADMISSIBILITY OR LEGIBILITY, OF EVIDENCE IN THE CONGRESSIONAL INVESTIGATION, AND ALL OTHER PRESENT AND FUTURE CRIMINAL INVESTIGATIONS, IN THE CHARGES OF VARIOUS OFFENSES AGAINST HER AND OTHER PERSONS; AND BY MAKING, PRESENTING OR USING A FALSE OR TAMPERED AUDIO RECORDING, WITH KNOWLEDGE OF ITS FALSITY AND WITH INTENT TO AFFECT THE COURSE OR OUTCOME OF THE INVESTIGATION OF, OR OFFICIAL PROCEEDINGS IN, CRIMINAL CASES; AND BY GIVING FALSE OR FABRICATED INFORMATION TO MISLEAD OR PREVENT CONGRESS AND THE LAW ENFORCEMENT AGENCIES FROM APPREHENDING PERPETRATORS OF CERTAIN CRIMES; OR FABRICATING AND DISSEMINATING INFORMATION TO MISLEAD OR IMPEDE THE PROCESS OF SUCH INVESTIGATIONS.

             B. SHE DELIBERATELY CONCEALED OWNERSHIP OF VARIOUS PROPERTIES – LOCATED IN THE PHILIPPINES AND OVERSEAS – AND BUSINESS INTERESTS PERTAINING TO HER AND HER SPOUSE, FIRST GENTLEMAN JOSE MIGUEL “MIKE” T. ARROYO, AND KNOWINGLY AND WILLFULLY FAILED TO PAY THE TAXES DUE ON THESE PROPERTIES AND THE INCOME DERIVED FROM THEM, IN CLEAR AND FLAGRANT VIOLATION OF THE DISCLOSURE REQUIREMENTS UNDER THE CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, APPLICABLE TAX LAWS, AND THE CONSTITUTIONAL PROVISIONS ON THE ACCOUNTABILITY OF PUBLIC OFFICIALS.

             C. AS THE COMMANDER-IN-CHIEF OF THE ARMED FORCES AND CHIEF EXECUTIVE WITH THE POWER OF CONTROL AND SUPERVISION OVER HER SUBORDINATES, SHE VIOLATED HER DUTY AND OATH UNDER THE CONSTITUTION AND ITS PROVISIONS REQUIRING PROTECTION OF HUMAN RIGHTS WHEN SHE ACQUIESCED IN AND PROVIDED IMPUNITY TO THE KILLINGS OF POLITICAL DISSENTERS, OR INFRINGED THEIR FREEDOMS OF EXPRESSION AND ASSEMBLY.

III   THAT GLORIA MACAPAGAL-ARROYO, PRESIDENT OF THE PHILIPPINES, INCURRED LIABILITY FOR BRIBERY AND GRAFT AND CORRUPT PRACTICES, WHEN SHE COMMITTED ACTS INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

             A. SHE APPROVED CONTRACTS THAT WERE MANIFESTLY AND GROSSLY DISADVANTAGEOUS TO THE GOVERNMENT, CAUSING THE GOVERNMENT UNDUE INJURY OR GAVE UNWARRANTED BENEFITS TO HERSELF AND/OR FAVORED PARTIES THROUGH MANIFEST PARTIALITY AND/OR EVIDENT BAD FAITH. THESE CONTRACTS INCLUDE, BUT ARE NOT LIMITED TO, THE NORTHRAIL AND THE PIATCO NAIA TERMINAL III PROJECTS.

             B. SHE ACCEPTED JUETENG PAYOLA FROM JUETENG OPERATORS, DIRECTLY AND/OR INDIRECTLY, THROUGH HER FAMILY MEMBERS AND OTHER AGENTS, IN EXCHANGE FOR POLITICAL PROTECTION. SHE ALSO USED THE JUETENG PAYOLA TO BANKROLL HER PRESIDENTIAL CAMPAIGN, AND TO BRIBE OFFICIALS SUCH AS COMELEC COMMISSIONER VIRGILIO GARCILLANO AND HIS COHORTS TO RIG THE RESULTS OF THE MAY 2004 PRESIDENTIAL ELECTIONS IN HER FAVOR.

             C. SHE USED, ACQUIESCED IN OR KNOWINGLY ALLOWED THE USE, IN THE GUISE OF LEGITIMATE GOVERNMENTAL PURPOSES, OF GOVERNMENT OFFICES, AGENCIES AND FUNDS IMMEDIATELY BEFORE AND DURING THE ELECTION PERIOD IN THE MAY 2004 PRESIDENTIAL ELECTIONS, TO BUY VOTES AND UNLAWFULLY PROMOTE HER CANDIDACY, AS ILLUSTRATED IN, BUT NOT LIMITED TO, THE PHILHEALTH AND ROAD USERS’ TAX PROJECTS, THE ABOLITION OF THE SOUTHERN PHILIPPINES DEVELOPMENT AUTHORITY AND THE DOWNSIZING OF THE NATIONAL ELECTRIFICATION ADMINISTRATION.

 Specific Allegations

I. GLORIA MACAPAGAL-ARROYO, PRESIDENT OF THE PHILIPPINES, COMMITTED CULPABLE VIOLATIONS OF THE CONSTITUTION, MAKING A MOCKERY OF THE PEOPLE’S RIGHT OF SUFFRAGE AND TRAMPLING ON THE BASIC CONSTITUTIONAL PRINCIPLE THAT THE PHILIPPINES IS A DEMOCRATIC STATE, WHEN SHE COMMITTED ACTS INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

A. She undermined the independence of the Commission on Elections.

            13. Gloria Macapagal-Arroyo, President of the Philippines, violated her own oath of office and committed a culpable violation of the Constitution when, on various dates, she appointed to the Comelec as Commissioners, among other personalities, Mr. Virgilio Garcillano and Mr. Manuel Barcelona, Jr., – persons identified with partisan politics or with electoral anomalies, or who do not possess the qualifications laid down for the high public office.

            14. The public uproar⁵ that followed their appointments was due to their questionable integrity, probity and independence, owing to their association, relation or ties with the family of the President, her political allies or the dominant political party Lakas-NUCD.⁶

            15. The controversial appointments sparked a chain of events that reveals a premeditated design to defraud voters of their right of suffrage in the May 2004 presidential elections and destroy whatever is left of the integrity and independence of the Comelec.

            16. Moreover, Gloria Macapagal Arroyo, President of the Philippines, deliberately made the appointments while Congress was in recess.⁷

            17. It was clear that Commissioner Garcillano would never get the CA’s confirmation, as he in fact did not when the CA bypassed him in June 2004. Indeed, Garcillano was not to go through the process of confirmation only to be rejected, and not when the May 2004 presidential elections was in the offing, when his services were needed most by the President.

            18. Commissioner Garcillano was given such a free hand in the administration of the Comelec that close to the May 10 elections, Commissioner Garcillano reshuffled election officers in Mindanao and put in their place his own men, and this despite the fact that officially, he was supposed to be the Comelec officer in charge of another area – Regions 4 and 5 – and not of Mindanao.⁸

            19. Consequently, while ostensibly attending to Regions 4 and 5, Commissioner Garcillano⁹ was in actual control in Mindanao as revealed in the ensuing scandal over what came to be known as the “Hello Garci?” audio tapes, although on paper, two other Comelec Commissioners were supposed to be the Comelec Officers in Charge over the region.

            20. Indeed, this is the backdrop against which the ensuing controversies occasioned by the “Hello Garci?” audio tapes, and the charge that Gloria Macapagal-Arroyo undermined the independence of the Comelec, must be viewed.

            21. From May to June 2004, various telephone conversations of Gloria Macapagal-Arroyo with Commissioner Garcillano were recorded. A three-hour stretch of these conversations were recorded on tape ¹⁰ that in fact, is the so-called “mother of all tapes.” ¹¹

            22. Snatches of the conversations, traced to some 15 calls, dealt with a concerted and coordinated effort to rig the 2004 presidential elections in favor of Gloria Macapagal-Arroyo, President of the Philippines.

            23. After learning that copies of the tape had been leaked to the members of the Opposition, Press Secretary Ignacio Bunye [hereinafter, Press Secretary Bunye] informed Gloria-Macapagal-Arroyo, President of the Philippines, that her conversations with Commissioner Garcillano during the May 2004 presidential elections had been caught on tape – conversations which happen to contain incriminating admissions of bribery, graft and corruption, electoral fraud and even kidnapping.

            24. In an attempt to deflect, if not prevent the potentially disastrous consequences of these recordings to her now beleaguered presidency, Gloria Macapagal-Arroyo authorized and/or consented to the presentation of false or tampered versions of the audio recordings to the media and the National Bureau of Investigation (hereinafter, NBI).

            25. Hence, on June 6, 2005, with her prior knowledge and consent, Press Secretary Bunye presented to the Malacañang Press Corps and subsequently, to the public, two compact discs (hereinafter, CD recordings).¹²

            26. Press Secretary Bunye identified one as the “original” version (hereinafter referred to as the Malacañang original) and the other, as the “tampered” version [hereinafter referred to as the Tampered CD].¹³

            27. The truth is that the Malacañang original is actually a fake – as it substitutes Commissioner Garcillano’s voice with that of an Arroyo campaign operative, Edgardo Ruado, who is referred to in the Malacañang original as “Gary” – while the supposedly Tampered CD was actually a cut from an abridged version of the “mother of all tapes.”

            28. Press Secretary Bunye claimed that the political Opposition had spliced the second CD – the Tampered CD – in a fresh attempt to destabilize the Arroyo administration.

            29. He also vehemently denied that the alleged conversations between the President and Commissioner Garcillano on subjects pertaining to the May 2004 presidential elections ever took place.

            30. Subsequently, Edgardo Ruado went to the NBI and executed an affidavit claiming that the voice in the CD recording presented as the Malacañang original by Press Secretary Bunye sounded like his.

            31. At about this time, recordings of several conversations between a man and a woman – the “Hello Garci?” audio tapes – were now circulating in various places, virtual and otherwise. The conversations recorded in the “Hello Garci?” audio tapes revolved around the conduct of the May 2004 presidential elections. The man and the woman conversing in the recordings were widely believed to be – and are in fact – Commissioner Virgilio Garcillano and Gloria Macapagal-Arroyo.¹⁴

            32. The public demanded of both of them to affirm or deny their involvement in the recorded conversations. But instead of doing so, they maintained an eerie and damning silence on the matter for weeks on end. And yet, by their silence, they, in fact, admitted the genuineness of the recorded conversations.

            33. Gloria Macapagal-Arroyo, President of the Philippines, would only make her official statement on the issue in a speech aired over national radio and television on June 27, 2005 – no doubt, because of mounting public pressure that neither she nor members of her Cabinet could contain any longer. ¹⁵

            34. She would also apologize to the nation for taking so long to confirm the authenticity of the recordings. In her speech, she asked for the nation’s forgiveness for her “lapse in judgment”. Her admission of the genuineness of the “Hello Garci” audio recordings which she had denounced as a fake, conversely, also constitutes an admission that the Malacañang original containing her supposed conversation with Edgardo Ruado had actually been fabricated.

            35. Meanwhile, Press Secretary Bunye would also retract his earlier claim that the Malacañang original contained the recorded conversations between Gloria Macapagal-Arroyo, President of the Philippines, and one Edgardo Ruado. This time, he would say that he does not anymore know which of the two CD recordings was real and which was faked.¹⁶

36. As Chief Executive, Gloria Macapagal-Arroyo was supposed to ensure that laws are faithfully executed,¹⁷ and to “strictly avoid conflict of interest in the conduct of [her] office.”¹⁸ Moreover, her charge under the Constitution is to keep the Comelec an independent constitutional body.¹⁹ Her oath of office also commands her to observe justness and sincerity, as well as a commitment to democracy – values which are also embodied in Republic Act 6713, otherwise known as the Code of Conduct of Code and Ethical Standards for Arroyo was also sworn to uphold the Constitution and execute the laws of the land.²¹

            37. All of these solemn constitutional duties²² Gloria Macapagal-Arroyo, President of the Philippines, violated when she made a mockery of the basic constitutional principle that the Philippines is a democratic state by undermining the independence of the Comelec.²³ This is clearly established by the following facts of the charge:

            37.1. First, she appointed as commissioners of the Comelec persons of questionable integrity, probity and independence;

            37.2. Second, that she undermined the independence of the Comelec comes into sharper focus when she admitted to calling a Comelec official, whom she refuses to name until now, while the national electoral canvassing in the 2004 elections was still going on;

            37.3. Third,– and this, even granting arguendo that the call had nothing to do with any plan to rig the results of the 2004 presidential elections and that she had no intention to influence the Comelec official – she admitted that making that call was tantamount to breaking the public trust.

            37.4. Fourth, it is clear from her June 27, 2005 statement that she was in fact, addressing the issue of the “Hello Garci?” audio tapes, which had been hounding her for weeks before she finally spoke to the public on national radio and television.

            37.5. Fifth, it is clear in the factual circumstances narrated above that the “Garci” in the controversial audio tapes was none other than the benighted presidential appointee, Commissioner Garcillano, who expected to be re-nominated after the elections.

 B. She directed and/or knowingly allowed the commission, and is the chief beneficiary, of electoral fraud in numerous vote-rich areas in the country, conniving or conspiring with, if not coercing, or at the very least knowingly allowing, in violation of her sworn duty to uphold the constitution and execute its laws, officials of the Comelec, the police and the military to ensure her victory in the May 2004 presidential elections, andall, to perpetrate electoral fraud.²⁴

            38. On May 26, 2004 at about 11:25 in the morning, Gloria Macapagal-Arroyo, President of the Philippines, directed Commissioner Garcillano to “delay” the “senatorial canvassing until after the voting on the rules tonight…”²⁵

            38.1. Delaying the canvassing is an election offense. Under Batasang Pambansa 81, as amended, otherwise known as the Omnibus Election Code, [hereinafter, OEC] the canvassing should be continuous, subject only to the availability of election documents. Her conduct in this case violated § 231 of the OEC, which strictly prohibits the disruption or delay of election processes.

            38.2. She also violated Article 210 of the Revised Penal Code (on Direct Bribery) which punishes a public official and the person who induces him to “perform an act which constitutes a crime, in connection with the performance of his official duties, in consideration of an offer, promise, gift...” The offer or promise in this case is the reappointment of Commissioner Garcillano to the Comelec if he is once again bypassed by the CA.

            38.3. Her conduct also transgressed § 3 (a) of Republic Act 3019 or the Anti Graft Law for “persuading or influencing another public officer to perform an act constituting a violation of rules and regulation” promulgated by the Comelec.

            39. On May 27, 2004 at about 7:29 in the morning, Gloria Macapagal-Arroyo, President of the Philippines, asked Commissioner Garcillano whether the Election Returns and the Statement of Votes in Sulu “correspond” with each other and whether they are complete;²⁶

            39.1. In this instance, she violated Article 210 of the Revised Penal Code (on Direct Bribery), which punishes a public official and the person who induces him to “perform an act which constitutes a crime, in connection with the performance of his official duties, in consideration of an offer, promise, gift...” The offer or promise in this case is the reappointment of Commissioner Garcillano to the Comelec if he is once again bypassed by the CA.

            39.2. Her conduct also transgressed § 3 (a) of Republic Act 3019 or the Anti Graft Law for “persuading or influencing another public officer to perform an act constituting a violation of rules and regulation” promulgated by the Comelec.

            40. On May 28, 2004, at about 10:13 in the evening, Gloria Macapagal-Arroyo, President of the Philippines, authorized, approved, or acquiesced to the use, or an attempt to make use, of the military, particularly, a certain Gudani, and Generals Esperon and Kyamko, in partisan political activity favoring the President; ²⁷

            40.1. These acts violated § 4 (b) in relation to § 3 (e) of RA 3019 or the Anti-Graft Law which provides that “[i]t shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses” defined in the law.

            40.2. An additional offense is the violation of § 1 (a), of PD 1829, which provides that “[a] penalty of prision correccional in its maximum period shall be imposed upon any person who knowingly and willfully obstructs, impedes or delays the apprehension of suspects and the investigation of criminal cases by… (a) preventing witnesses from reporting the commission of any offense…”

            41. On May 29, 2004, at about 9:43 in the morning, Gloria Macapagal-Arroyo, President of the Philippines, made it clear to Commissioner Garcillano that her lead “cannot be less than one M” to which the latter replied thus: “Pipilitin ho natin yan”. She was actually asking Commissioner Garcillano to ensure that her lead did not go below one million.²⁸ This is electoral fraud. Clearly, She directed Commissioner Garcillano to ensure that her lead over her nearest rival, the late actor Fernando Poe, Jr., did not go below one million votes and Commissioner Garcillano promised to do so. Since the casting of votes had already been completed at that time, there was no other way for Commissioner Garcillano to increase the lead of Ms. Arroyo except to manipulate the results.

            41.1. As a public official it is unlawful for her not to report Commissioner Garcillano’s offense to the proper authorities and institute the necessary legal action. Since the election is over, there was no other way for Commissioner Garcillano to increase her lead. Since she was asking or at the very least acquiescing to the padding of her votes, she is liable for violating the OEC, particularly Section 261 (j) on exercising Undue Influence on a Public Official and Section 261 (Z) (21) on Violating the Integrity of Election Returns and Other Election Documents and Other Electoral Fraud.²⁹

            41.2. She is, however, mainly criminally liable as a conspirator in the commission of an electoral fraud.

            41.3. And even if she does not admit to being a conspirator in the offense, she will still be guilty of abetting or tolerating the commission of a crime when she allowed Commissioner Garcillano to commit an election offense without reporting the same to the Comelec. She is therefore liable under Art. 208 of the Revised Penal Code which imposes a penalty of prision correccional on a public official who in dereliction of his duties, “shall maliciously refrain from instituting prosecution or the punishment of violators of the law or shall tolerate the commission of offenses.”

            42. On May 31, 2004, at 11:17 in the evening, Gloria Macapagal-Arroyo, President of the Philippines, uttered the words “yung dagdag, yung dagdag”³⁰ in her conversation with Commissioner Garcillano with respect to the Namfrel copies of certain Certificates of Canvass;

            42.1. Her act violated RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees particularly Section 4 (C) which requires public officials to refrain from “committing acts contrary to law, morals, public policy and public interest.”

            42.2. She also violated § 3 of RA 3019 or the anti graft law for “persuading and influencing a public official” to commit an offense in connection with his official duty.

            42.3. Moreover, she is also criminally liable under Art. 212 in relation to Art. 210 (Direct Bribery) of the Revised Penal Code.

            43. On June 2, 2004, at about 10:29, Gloria Macapagal-Arroyo verified from and instructed Commissioner Garcillano to make sure that the Statements of Votes and the Certificates of Canvass in Basilan “match”; ³¹

            43.1. In this case, she is a criminally liable under Art. 212 in relation to Art. 210 (Direct Bribery) of the Revised Penal Code.

            43.2. She also violated RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees particularly Section 4 (C) which requires public officials to refrain from “committing acts contrary to law, morals, public policy and public interest.”

            43.3. She also violated § 3 of RA 3019 or the anti graft law for “persuading and influencing a public official” to commit an offense in connection with his official duty.

            44. On June 6, 2004, at about 7:00 in the evening, Gloria Macapagal-Arroyo, President of the Philippines, was informed by Commissioner Garcillano that “Gen. Lomibao” is already in Zamboanga and that Commissioner Garcillano “ha[s] all the people around us talk to him (Lomibao) so that they will be able to prevent who is going to work…”³²

            44.1. She violated § 4 (b) in relation to § 3 (e) of RA 3019 or the Anti-Graft Law which provides that “[i]t shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses” defined in RA 3019.

            44.2. She violated § 1 (a) of PD 1829, which provides that “A penalty of prision correccional in its maximum period shall be imposed upon any person who knowingly and willfully obstructs, impedes or delays the apprehension of suspects and the investigation of criminal cases by… (a) preventing witnesses from reporting the commission of any offense…”,

            44.3. She is also liable for violating the OEC, particularly § 261 (j) on exercising Undue Influence on a Public Official and § 261 (Z) (21) on Violating the Integrity of Election Returns and Other Election Documents and Other Electoral Fraud.³³

            44.4. She is also criminally liable as a conspirator in the commission of an electoral fraud.

            44.5. Otherwise, she is still guilty of abetting or tolerating the commission of a crime when she allowed Commissioner Garcillano to commit an election offense without reporting the same to the Comelec under Art. 208 of the Revised Penal Code, which provides for a penalty of prision correccional upon a public official who in dereliction of his duties, “shall maliciously refrain from instituting prosecution or the punishment of violators of the law or shall tolerate the commission of offenses.”

            45. On June 7, 2004, at about 4:10 in the afternoon, Gloria Macapagal-Arroyo, President of the Philippines, was informed by Commissioner Garcillano of the efforts to abduct a certain Rashma Hali from Tipo-Tipo, Basilan who was set to testify for the opposition “so that we can control her;”³⁴ at about 7:17 in the evening of the same date, the Gloria Macapagal-Arroyo followed up on whether Commissioner Garcillano has already located Ms. Hali.³⁵

            45.1. She violated § 4 (b) in relation to § 3 (e) of RA 3019 or the Anti-Graft Law which provides that “[i]t shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses” defined in RA 3019.

            45.2. She is also liable for violation of §1 (a) of PD 1829, which provides that “a penalty of prision correccional in its maximum period shall be imposed upon any person who knowingly and willfully obstructs, impedes or delays the apprehension of suspects and the investigation of criminal cases by… (a) preventing witnesses from reporting the commission of any offense…”

            45.3. She is liable for violating the OEC, particularly § 261 (j) on exercising Undue Influence on a Public Official and Section 261 (Z) (21) on Violating the Integrity of Election Returns and Other Election Documents and Other Electoral Fraud.³⁶

            45.4. She is also criminally liable as a conspirator in the commission of an electoral fraud.

            45.5. Otherwise, she is still guilty of abetting or tolerating the commission of a crime when she allowed Commissioner Garcillano to commit an election offense without reporting the same to the Comelec under Art. 208 of the Revised Penal Code, which imposes a penalty of prision correccional upon a public official who in dereliction of his duties, “shall maliciously refrain from instituting prosecution or the punishment of violators of the law or shall tolerate the commission of offenses.”

            46. On June 10, 2004, at about 9:26 in the evening, Gloria Macapagal-Arroyo, President of the Philippines, informed Commissioner Garcillano of a problem in the canvassing in “South Upi” and instructed the latter to make sure that “ang importante, na hindi madamay yung sa taas…”³⁷

            46.1. She violated § 4 (b) in relation to § 3 (e) of RA 3019 or the Anti-Graft Law, which provides that “[i]t shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses” defined in RA 3019.

            46.2. She violated § 1(a) of PD 1829, which provides that “[a] penalty of prision correccional in its maximum period shall be imposed upon any person who knowingly and willfully obstructs, impedes or delays the apprehension of suspects and the investigation of criminal cases by… (a) preventing witnesses from reporting the commission of any offense…”

            46.3. She is liable for violating the OEC, particularly § 261 (j) on exercising Undue Influence on a Public Official and Section 261 (Z) (21) on Violating the Integrity of Election Returns and Other Election Documents and Other Electoral Fraud.³⁸

            46.4. She is also criminally liable as a conspirator in the commission of an electoral fraud.

            46.5. Otherwise, she is still guilty of abetting or tolerating the commission of a crime when she allowed Commissioner Garcillano to commit an election offense without reporting the same to the Comelec under Art. 208 of the Revised Penal Code, which imposes a penalty of prision correccional on a public official who in dereliction of his duties, “shall maliciously refrain from instituting prosecution or the punishment of violators of the law or shall tolerate the commission of offenses.”

            47. She also directed the employment of such other similar mechanisms and machinations to perpetrate electoral fraud in the course of the aggregation and transposition of results from the precinct level up to ensure a victory in the May 2004 Presidential Elections.

III. GLORIA MACAPAGAL-ARROYO, PRESIDENT OF THE PHILIPPINES, BETRAYED THE PUBLIC TRUST, WHEN SHE COMMITTED ACTS INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

A. She obstructed justice by attempting to delay, impede, cover up and conceal or otherwise impair the verity, authenticity, admissibility or legibility, of evidence in the congressional investigation, and all other present and future criminal investigations, in the charges of various offenses against her and other persons; and by making, presenting or using a false or tampered audio recording, with knowledge of its falsity with intent to affect the course or outcome of the investigation of, or official proceedings, in criminal cases; and by giving false or fabricated information to mislead or prevent Congress and the law enforcement agencies from apprehending the perpetrator of certain crimes; or fabricating and disseminating information to mislead or impede the process of such investigations.

            48. Gloria Macapagal-Arroyo, President of the Philippines, is liable under Section 2 (f) of PD 1829 for having consented to, authorized, or at the very least, acquiesced in, the preparation and presentation by her Press Secretary of the Malacañang original, despite knowledge that it is false, in order to affect the outcome of any official inquiry or proceeding regarding her conversations with Commissioner Garcillano during the election period.

            49. Moreover, Gloria Macapagal-Arroyo, is guilty of violating Section 2 (i) of Pres. Decree No. 1829 for having authorized and consented to the presentation of the Malacañang original knowing it to be false, to the NBI to mislead or prevent the NBI and other law enforcement agencies from apprehending the real offender, who is no other than herself. Were it not for the massive public protest that compelled Gloria Macapagal- Arroyo to confess that it was her voice on the tape, she would have succeeded in misleading the NBI to believe that she was only talking with her campaign operative and not to a Comelec Commissioner, thereby evading criminal liability completely.

            50. Gloria Macapagal-Arroyo, President of the Philippines, authorized Press Secretary Bunye to make these false claims before the public evidently to conceal evidences of criminal wrongdoing or to trump up false charges against innocent persons, all to derail or sidetrack any future proceedings involving the recordings.

 B. She deliberately concealed ownership of various properties – located in the Philippines and overseas – and business interests pertaining to her and her spouse, First Gentleman Jose Miguel “Mike” T. Arroyo, and knowingly and willfully failed to pay the taxes due on the said properties and the income derived from the same, in clear and flagrant violation of the disclosure requirements under the Code of Conduct and Ethical Standards for Public Officials and Employees, applicable tax laws, and the Constitutional provisions on the accountability of public officials.³⁹

            51. In her Statement of Assets and Liabilities and Net worth (SALN) filed in February 2001, just after she assumed her office, President Gloria Macapagal-Arroyo indicated that as of December 31, 2000, she and her spouse, Jose Miguel “Mike” T. Arroyo, owned real properties with an acquisition and improvement cost of PhP 3,537,837.00 and personal and other properties totaling PhP 58,375,239.03.

            52. The real properties she declared in her SAL were a House and Lot in Baguio, a residential lot in Antipolo, a commercial lot in Tayabas, Quezon, and agricultural lots in San Rafael, Bulacan and Nasugbu, Batangas.

            53. She also declared that her spouse had business interests in three (3) companies: LTA, Inc. and LTA Realty both based in Makati City, and JJ Agricultural Corporation based in Bacolod City.

            54. Far from being a full and complete declaration of the assets, liabilities, net worth, business interests, and financial connections of Gloria Macapagal-Arroyo and her spouse, the SALN filed by Gloria Macapagal-Arroyo deliberately omitted various real and personal properties to which she and her spouse held title, as well as numerous business interests that her spouse maintained.

            55. Some of the properties that she deliberately omitted from the SALN she filed include –

            55.1. Various real properties and the money realized from the re-sale of several of the same located in California, USA, acquired and managed though LTA Realty Corporation, which include: a five-storey apartment building on 737 Bush Street, San Francisco, CA; a condominium unit on 1176 Sacramento Street corner Van Ness Avenue, San Francisco, CA; a residence on 2425 Tipperary Avenue, San Francisco, CA; a building on 727 Gellert Boulevard, Daly City, CA; and a 24-room building on 151 Austin Street, San Francisco, CA.

            55.2. A 60,758 square meter parcel of land located in Caloocan City covered by TCT No. 153151 and titled to Jose Miguel T. Arroyo married to Gloria M. Arroyo.

            55.3. Cash in BPI Family Bank Makati-Perea Branch Account No. 661-5-00497-7 in the name of Jose Pidal but actually owned and controlled by Mike Arroyo.

            56. The business interests of Mike Arroyo that were deliberately omitted from the SAL she filed include –

            56.1. As incorporator/stockholder: DM Press Inc., Raco Trading Phil. Inc., Trans Realty Co. Inc., Aviatica Travel and Management Corp., Eva Development Corp. (where Gloria Macapagal-Arroyo is likewise a stockholder), and Pacific Mint International Corp.

            56.2. As lawyer: JMA Agricultural Development Corp. and Alaja Agro-Industrial Corp.

            57. These deliberate omissions are in clear and flagrant violation of the disclosure requirements under Section 8 of the Code of Conduct and Ethical Standards of Public Officials and Employees (RA 6713) and the mandate of Article XI, Section 1 of the Constitution, and as such, constitute acts of graft and corruption and betrayal of public trust.

            58. The concealment of the ownership of these properties and business interests furthermore facilitated the knowing and willful failure of Gloria Macapagal-Arroyo and Mike Arroyo to pay the taxes due on the same and the income derived from the same, in violation of the National Internal Revenue Code and other applicable tax statutes.

C. As the Commander-in-Chief of the Armed Forces and Chief Executive with the power of control and supervision over her subordinates, she violated her duty and oath under the Constitution mandating respect for human rights when she acquiesced in and provided impunity to the killing of political dissenters, or infringed their freedoms of expression and assembly.

            59. As Commander-in-Chief, Gloria Macapagal-Arroyo has control and supervision over members of the Armed Forces of the Philippines. She has the power to investigate abuses of the AFP and discipline erring members of the military. Gloria Macapagal-Arroyo holds supreme military authority and is the ceremonial, legal, and administrative head of the armed forces.⁴⁰

            60. Since she assumed the presidency in January 21, 2001, the human rights organization KARAPATAN has recorded two hundred ninety-three (293) cases of killings of four hundred eleven (411) persons through assassinations, summary executions and indiscriminate firing. In the same period, one hundred thirty (130) persons became victims of involuntary disappearance, two hundred forty-five (245) persons were subjected to torture in the hands of government authorities and one thousand five hundred sixty three (1,563) persons fell victim to illegal arrest. The vast majority of these cases were allegedly perpetrated by members or agents of the AFP.

            61. Gloria Macapagal-Arroyo, President of the Philippines, has knowledge of the pattern of human rights abuses not only because of the publicity it generated in the media but also because the victims’ kin and/or the survivors themselves have directly informed her of the same on two occasions. In fact, a two-page ad was published in the Philippine Daily Inquirer signed by members of Congress and other concerned citizens regarding the killings.

            62. Gloria Macapagal-Arroyo, President of the Philippines, despite her authority over the military and knowledge of the pattern of abuse, failed to take the appropriate action to stop the killings and human rights violations.

            63. Then Colonel Jovito Palparan, who was implicated in the killing of Eden Marcellana and Eddie Gumanoy and who would subsequently become one of the most notorious Army general under the Arroyo administration, was charged with massive human rights violations when he was assigned as Brigade Commander of Oriental Mindoro in 2001. Eighteen (18) Bayan Muna members were killed while Palparan was the local military commander.

            64. Despite his human rights records and the withdrawal of the Commission on Human Rights of his “human rights clearance”, Gloria Macapagal-Arroyo, as Commander-in-Chief, not only failed to investigate Col. Palparan for culpability in the human rights violations, she even promoted him to Brigadier General in violation of her obligations to protect and promote human rights under the Constitution. It is apparent that Gloria Macapagal-Arroyo tolerates, encourages or abets the human rights abuses of the Armed Forces of the Philippines.

            65. In 2005, Gloria Macapagal-Arroyo gave Gen. Palparan a bigger command by designating him the Commanding General of the 9^th Infantry Division in Eastern Visayas. She also promoted Gen. Palparan to Major General despite his unlawful public pronouncements that he will rid his area of responsibility “of anti-government rallies” in six months, and despite the more than 100% increase in human rights violations in Eastern Visayas since his designation as Commanding General of the 9^th Infantry Division. The promotion she granted to General Palparan is a clear act of ratification and approval of his actions, including those which constitute human rights abuses.

            66. The massive human rights violations under her presidency show her failure to fulfill her constitutional obligations to respect human rights. Bayan Muna and other progressive party-list groups directly informed Gloria Macapagal-Arroyo on two occasions of the attacks and asked for her to put a stop to the attacks but respondent not only failed to stop said attacks, but has even refused to publicly condemn it.

            67. Her act of promoting military officers with record of human rights abuse such as Gen. Jovito Palparan and her failure to seriously investigate their reported abuses, further violates constitutional provisions on accountability of public officials and her oath under § 5, Art. VII to “preserve and defend the Constitution, execute its laws and do justice to every man.”

            68. She likewise violated Section 11, Article II which provides that ‘the State values the dignity of every human person and guarantees full respect for human rights’ and abused her constitutional function as Commander-in-Chief with command responsibility over the abusive members of the AFP.

            69. These acts constitute betrayal of public trust and culpable violation of the Constitution as they trample upon the Bill of Rights, her Oath of Office under the Constitution, and her mandate as Commander-in-Chief of the Armed Forces of the Philippines and Chief Executive.

III. GLORIA MACAPAGAL-ARROYO, PRESIDENT OF THE PHILIPPINES, INCURRED LIABILITY FOR BRIBERY AND GRAFT AND CORRUPT PRACTICES, WHEN SHE COMMITTED ACTS INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

A. She approved contracts that were manifestly and grossly disadvantageous to the government, causing the government undue injury or gave unwarranted benefits to herself and/or favored parties through manifest partiality or evident bad faith. These contracts include, but are not limited to, the NorthRail and the Piatco NAIA Terminal III projects.

            70. On February 26, 2004, the Department of Finance acting under the explicit direction of Gloria Macapagal-Arroyo, President of the Philippines, through her then Secretary of Finance, Juanita D. Amatong, entered into a Buyer Credit Loan Agreement (No. BLA 04055) with the Export-Import Bank of China, which granted the Republic of the Philippines a loan facility in the amount of Four Hundred Million US Dollars (US$400,000,000.00). ⁴¹

            71. The purpose of the Agreement was to finance the construction of the NorthRail Project – Phase I, Section I in the Philippines. The NorthRail Project is aimed at providing mass transport services between Metro Manila and Central and Northern Luzon, and is a major component of the Strong Republic Transit System initiative that Gloria Macapagal-Arroyo has repeatedly and publicly declared to be one of her priority projects. Phase I, Section I of the Project deals specifically with the development of a 32.2 kilometer rail line from Caloocan City to Malolos, Bulacan.⁴² After her state visit to the People’s Republic of China in September 2004, Gloria Macapagal-Arroyo publicly declared that one of her biggest accomplishments during the trip was the finalization of the financing Agreement for the NorthRail Project.

            72. The Agreement is grossly disadvantageous to the Republic of the Philippines, and hence violative of the Anti Graft and Corrupt Practices Act (RA 3019) on several counts, which include –

            72.1. It is based on a grossly inflated estimate of the project cost in the amount of US$503,000,000, for a 32.2 kilometer length of rail line, or an average of nearly US$16 million (around PhP 900 million) per kilometer, exclusive of the costs for clearing, relocation, and resettlement of informal dwellers occupying the railroad Right of Way.

            72.2. It provides for an interest rate of three percent (3%) per annum on the amount of the loan, which is much higher than the rate on other loan packages that the Republic of the Philippines could have availed of.

            72.3. It provides that the Agreement will be governed by and construed in accordance with the laws of the People’s Republic of China, and that any suit, legal action or proceeding arising from the Agreement may be brought before the courts of that country, without prejudice to the Export-Import Bank of China commencing any action, at its option, against the Republic of the Philippines or its property in any other jurisdiction. This one-sided concession unduly favors the Export-Import Bank of China and is extremely onerous to the Republic of the Philippines.

            72.4. Article 5 of the Agreement provides that control over the proceeds of the loan is not placed with the Republic of the Philippines but is retained by the Export-Import Bank of China. This prevents the funds from becoming part of the National Treasury in contravention of the Constitution and applicable laws.

            73. In addition, the Agreement was entered into in culpable violation of several provisions of the Constitution, notably –

            73.1. Article VII, § 20, which requires the prior concurrence of the Monetary Board before any foreign loan can be contracted. The record does not show that such prior concurrence from the Monetary Board was obtained.

            73.2. Article XII, § 10 and § 12, which give preference to Filipino labor and investment. Under the Agreement, the China National Machinery and Equipment Corporation (Group) (CNMEG), a Chinese corporation, is designated as the prime contractor for the Project. This designation was made without providing qualified Filipino contractors and corporations the opportunity to bid for the Project, not to mention that the Agreement also violates Philippine laws on public bidding.

            74. Gloria Macapagal Arroyo, through her agents headed by Presidential Adviser for Strategic Projects Gloria L. Tan Climaco, solicited on several occasions, 20 million US dollars from German airport operator Fraport AG as an obligatory condition for the Arroyo administration’s support for the operation of Ninoy Aquino International Airport Terminal III (NAIA III) by the Philippine International Air Terminals, Co. (PIATCO).

            75. Furthermore, Gloria Macapagal-Arroyo, through Presidential Adviser Climaco, in an exchange of communications, offered to settle its dispute with Fraport AG in exchange for US$410 million documented or receipted compensation for the government’s takeover of the NAIA III facility, but that only US$310 million shall actually be turned over to the German company, with the US$100 million to be retained by Gloria Macapagal-Arroyo for her own disposal.

 B. She accepted jueteng payola from jueteng operators, directly and/or indirectly, through her family members and other agents, in exchange for political protection. She also used the jueteng payola to bankroll her presidential campaign, and to bribe officials such as Comelec Commissioner Garcillano and his cohorts to rig the results of the 2004 presidential election in her favor.

            76. Upon Gloria Macapagal-Arroyo’s assumption to the Office of the President, jueteng operations that were previously stopped resumed. Law enforcement officials, with her blessing, and in conspiracy with the jueteng operators, allowed the proliferation of jueteng nationwide.

            77. First Gentleman Arroyo and Congressman Mike Arroyo, with her prior knowledge and consent, ordered and /or influenced officers of the law enforcement agencies, to restore jueteng operations in various provinces in the Philippines.

            78. The direct hand of Gloria Macapagal-Arroyo, President of the Philippines, in the jueteng operations is evident in her appointment and assignment of many high ranking officials of law enforcement agencies to various provinces, who acted as conduits in the payment of jueteng payola.

            79. In exchange for her silent approval of the jueteng operations, she received, through Mr. Mike Arroyo and Congressman Mikey Arroyo, and other individuals, monthly jueteng payola amounting to at least ONE MILLION PESOS (PhP 1,000,000.00) per region. On one occasion, the jueteng bribe was delivered by hand to Congressman Mikey Arroyo inside the Halls of Congress.

            80. Worse, not only did Gloria Macapagal-Arroyo, President of the Philippines, accept jueteng payola, she also used this illegal money to bankroll her presidential campaign in 2004 and finance massive electoral fraud including vote buying, bribery of COMELEC officers and personnel. First Gentleman Mike Arroyo, with her prior knowledge and consent, bribed Commissioner Garcillano, to rig the results of the election in favor of his wife, Gloria Macapagal-Arroyo, President of the Philippines.

            81. The act of receiving jueteng money to protect illegal activities constitutes Direct Bribery, a crime punishable under Art. 210 of the Revised Penal Code, which penalizes a public officer for agreeing to perform an act constituting a crime, in connection with his performance of duties, in consideration of a gift.

            82. Such conduct is also deemed corrupt, punishable under § 3(a) of RA 3019, which penalizes the act of “persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.”

            83. Moreover, her approval of, and indirect participation in the, jueteng operation renders Gloria Macapagal-Arroyo, President of the Philippines, criminally liable under Presidential Decree No. 1602 which penalizes any person, who in any manner, shall directly or indirectly take part in any illegal or unauthorized jueteng.

 C. She used, acquiesced in or knowingly allowed the use, in the guise of legitimate governmental purposes, of government offices, agencies and funds immediately before and during the election period of the 2004 regular elections, to buy votes and unlawfully promote her candidacy as illustrated in, but not limited to, PhilHealth and Road Users’ Tax Projects, the abolition of the Southern Philippines Development Authority (SPDA) and the downsizing of the National Electrification Administration (NEA).