Republic of the Philippines CONGRESS of the PHILIPPINES SENATE Pasay City Honorable Conchita Carpio-Morales Ombudsman Quezon City,

Philippines To the Ombudsman:

Respectfully referred for preliminary investigation are the findings of the Senate Blue Ribbon Committee on the fraudulent, anomalous, and irregular acquisition by the Philippine National Police (PNP) of two (2) light operational helicopters in 2009 from Manila Aerospace Products Trading Corporation in violation of Republic Act 3019 otherwise known as the AntiGraft and Corrupt Practices Act, and the Government Procurement Reform Act.

Respondents:

1. Jose Miguel Arroyo 2. Ronaldo Puno 3. Jesus Versoza 4. Miguel G. Coronel 5. Oscar F. Valenzuela 6. Conrado L. Sumanga, Jr. 7. Luizo Cristobal Ticman 8. Ronald Dulay Roderos 9. Romeo Capacillo Hilomen 10. Leocadio Salva Cruz Santiago Jr. 11. Ermilando Villafuerte 12. Roman Loreto 13. Jefferson Soriano 14. Herold Ubalde 15. Luis Saligumba 16. Job Nolan Antonio 17. Edgar Paatan 18. George Piano 19. Crisostomo DL Garcia It must be noted that Archibald Po and Hilario de Vera have applied for the Witness Protection Program.

Offenses/Crimes Committed:

Violations of Republic Act 3019 (Anti-graft and Corrupt Practices Act) Violations of Republic Act 9184 (Government Procurement Reform Act)

Witnesses:

1. 2. 3. 4. 5. 6.

Archibald Po Hilario de Vera Editha Solano-Juguan Domingo Lazo Claudio DS Gaspar, Jr. Rowena del Rosario

Where Committed: Metro Manila

When Committed: October 2008-2010

Facts:

Witness Archibald Po in his original affidavit and supplemental affidavit categorically pointed to the former First Gentleman Jose Miguel Arroyo as the true owner of the five (5) helicopters. Analyzing closely the flow of events from the time of the involved helicopters importation by Lionair, Inc. up to the time of its anomalous and fraudulent sale by MAPTRA to the PNP, we find the testimony of Po to be clear and convincingthus worthy of credence. The testimony of Po was corroborated by the testimonies of Hilario de Vera, Editha Solano-Juguan, Domingo Lazo, Claudio Gaspar Jr., and Rowena del Rosario.

A detailed discussion of the events and findings is included in the Senate Blue Ribbon Committee report that is attached and made part of this Complaint.

Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. It is well entrenched in our jurisprudence 1 that conspiracy need not be proved by direct evidence. Proof of previous agreement to commit the crime is not essential to establish conspiracy. Conspiracy may be inferred from the acts of the accused, whose conduct before, during and after commission of the crime can show its existence. When all the accused by their acts aimed at the same object, one performing one part and the other performing another part so as to complete it, with a view to the attainment of the same
1

See People vs. Lingasa, et. al., GR No 192187, December 13, 2010, People v. Relos, Sr., GR No. 189326, November 24, 2010, Heirs of the late Nestor Tria vs. Obias, GR No. 175887, November 24, 2010.

object, and their acts through apparently independent, were in fact concerted and cooperative, indicating closeness of personal association, concerted action, there is conspiracy.

In the present case, Jose Miguel Arroyo, Archibald Po, Hilario de Vera, the former Chief of the PNP, Jesus Versoza, the then Secretary of the Department of Interior and Local Government, Ronaldo Puno, and various officers/members of the Philippine National Police, conspired and confederated together, cooperated with one another, taking advantage of their official position in defrauding the government the amount of P62,672,086.90 (the price paid for the two used helicopters) by recommending and approving the acquisition by the PNP of two helicopters represented as brand new, knowing fully-well that said two helicopters were secondhand and pre-owned to the prejudice and damage of the government and the PNP the amount of P62,672,086.90 (the price paid for the two used helicopters), and facilitating the PNPs acceptance of the same. Mr. Po and Mr. de Vera have sought to be covered by the Witness Protection Program.

Lastly, we urge the Ombudsman to further investigate the possible criminal liabilities of Iggy Arroyo arising from his attempt to cover up Mike Arroyos ownership and participation in this anomalous transaction.

RESPECTFULLY SUBMITTED.

October 13, 2011, Pasay City for Quezon City, Philippines.

TEOFISTO TG GUINGONA III Chairman Blue Ribbon Committee

PANFILO M. LACSON Member Blue Ribbon Committee

AQUILINO PIMENTEL Member Blue Ribbon Committee

III