MANILA - The camp of former First Gentleman Mike Arroyo asked the Sandiganbayan 4th division to reconsider junking his motion to quash the graft case against him on the National Broadband Network (NBN)-ZTE deal.
The court denied his motion to quash in a January 7, 2013 resolution which said among other things that “The Information provides details on how the offense was committed. Only these facts are to be considered, not matters of defense. Matters of defense raised in the subject Motion to Quash do not fall under any of the recognized exceptions in jurisprudence. “
Arroyo’s camp however maintained that the court has to order the quashing of the case on the grounds, that: (1) this Honorable Court has no jurisdiction over the offense charged in the Information, and (2) the allegations made therein do not constitute an offense, which defect is not curable by amendment.
“Facts already admitted by the prosecution, even, if not included in the Information, may be considered by the Court as an exception to the general rule,” his lawyers said.
Arroyo’s camp pointed out that the prosecution admitted that the contract was entered into in China.
“Necessarily, the Information charges a crime allegedly committed in China. Although the Information alleges the place of commission as Malacañang, Manila, Philippines, the admission by the Prosecution during the judicial proceeding of Pre-Trial, indubitably shows that the alleged act of entering into a contract with ZTE happened in China, which is therefore outside the criminal jurisdiction of this Honorable Court," the lawyers said.
Arroyo’s camp said that unlike the Revised Penal Code, Republic Act 3019 or the Anti-Graft and Corrupt Practices Act has no provision that would allow its application to acts committed outside the territory of the Philippines.
Arroyo’s camp reiterated that the subject contract was already cancelled and abrogated prior to the filing of this case.
The resolution of the motion for reconsideration reportedly delayed today’s testimony of NBN-ZTE whistleblower Jun Lozada.