MANILA - Former Commission on Elections (Comelec) Chairman Benjamin Abalos is confident he will eventually be cleared of graft in connection with the government's botched US$329 million National Broadband Network (NBN) project with Chinese firm, ZTE Corp.

The Ombudsman, in a 144-page resolution, has recommended the filing of graft cases against Abalos and former National Economic and Development Authority (NEDA) director-general Romulo Neri, but dismissed complaints against President Gloria Macapagal Arroyo and her husband, First Gentleman Mike Arroyo.

"Itong isinampang kaso na ito sa akin ay walang factual basis (This case to be filed against me has no factual basis)... On a mere guess, on a mere assumption, I am being charged?" Abalos told ABS-CBN's Umagang Kay Ganda (UKG) on Friday.

Abalos, who allegedly brokered the deal, said the graft cases to be filed against him before the Sandiganbayan and a Metropolitan Trial Court, were based only on Neri's statement: "Sec., may 200 ka dito (Secretary, you have 200 here)."

"If you intend to bribe someone, there must be a condition. It [bribe] was never stated. It was never made clear," Abalos said, recalling Neri's last appearance at a hearing of the Senate Blue Ribbon committee on the allegedly anomalous contract.

He recalled that when asked by the senators what was the exact figure of the alleged bribe, Neri only guessed that it could have been P200 million, based on the total amount of the broadband contract.

He said he will either present more documents before the Office of the Ombudsman to prove his innocence, or just face the graft cases at the two trial courts.

'Twas a done deal'

Abalos said that aside from the allegedly hearsay statement of Neri, NBN-ZTE whistleblower Joey de Venecia III's allegation that he brokered the anomalous contract cannot be proven based merely on testimonies given at the Senate hearings.

During ABS-CBN's morning program on Friday,  Abalos showed that the NBN contract was a government-to-government transaction, and that ZTE Corp., being a supplier and contractor in the contract, already had a "done deal."

He also reiterated that he did not receive a single cent from the contract nor bribed public officials and private individuals to help the ZTE Corp. bag the NBN contract.

"It was already a done deal. This is a government-to-government transaction. I will present this to the Ombudsman," he said, citing a letter received by the Philippine government from the Chinese government. He said the document was dated Dec. 6, 2007.

The letter, as read by Abalos, says: "The People's Republic of China, through the Chinese Ministry of Commerce, designates ZTE Corp. as its prime contractor."

Graft charges

The Ombudsman's recommendations against Abalos and Neri are:

    * information for violation of bribery under Article 212 of the Revised Penal Code be filed against Abalos with the Metropolitan Trial Court of Mandaluyong City.

(Art. 212. Corruption of public officials. - The same penalties imposed upon the officer corrupted, except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles);

    * another information for violation of Section 3(h) of Republic Act 3019 be filed against Abalos before the Sandiganbayan.

(RA 3019 is the Anti-Graft and Corrupt Practices Act. Section 3 lists the corrupt practices of public officers. 3(h) states: Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.);

    * an information for violation of Section 3(h) of RA 3019 be filed against Neri before the Sandiganbayan.

The Ombudsman cleared Mrs. Arroyo from the charges, citing her presidential immunity. Her husband, meanwhile, was absolved due to lack of probable cause. Transportation Secretary Leandro Mendoza, senior transport officials, and officers of ZTE Corp. were also cleared.