PGMA and FG Mike Arroyo absolved in NBN-ZTE scandal

Did FG Mike Arroyo yet utter again his infamous “back off” statement to his dear friend Ombudsman Merceditas Gutierrez? Seemingly, the Honorable Madame Ombuds(wo)man failed to include, intentionally or otherwise, FG Mike Arroyo in the charge sheet for the NBN-ZTE scandal.

Apparently, the resolution of the Office of the Ombudsman recommended graft charges only against former Commission on Elections (Comelec) Chairman Benjamin Abalos Sr. and former National Economic and Development Authority (NEDA) director-general Romulo Neri.

One of my professors, Harry Roque, challenged President Arroyo’s immunity from investigation and suit. He said the principle of presidential immunity has been revised since it was first applied in Philippine jurisprudence.
 
Citing the case of Estrada vs. Desierto, Roque said presidential immunity only covers official acts.

“It will be anomalous to hold that immunity is an inoculation from liability for unlawful acts and omissions. The rule is that unlawful acts of public officials are not acts of the state, and the officer who acts illegally is not acting as such but stands on the same footing as any other trespasser,” Sir Harry explained.