The Office of the Ombudsman filed Wednesday graft charges against former Commission on Elections (Comelec) chairman Benjamin Abalos and former National Economic and Development Authority (NEDA) director general Romulo Neri in connection with the NBN-ZTE scandal.

However, the criminal complaints against First Gentleman Jose Miguel Arroyo; Pangasinan Rep. Jose De Venecia Jr. and his son, Joey de Venecia III; Department of Transportation and Communications (DoTC) Secretary Leandro Mendoza; DoTC assistant secretaries Lorenzo Formoso and Elmer Soneja; and ZTE Corp. officials Yu Yong, George Zhu Ying, Fan Yan, and Hou Weigui were all dismissed for lack of probable cause.

The charges against Abalos and Neri were filed before the Sandiganbayan after the anti-graft body junked the motions for reconsideration filed by the two respondents.

In a 17-page joint order, Ombudsman Overall Deputy Ombudsman Orlando Casimiro approved the filing of criminal information for violation of the anti-graft law and Revised Penal Code against Abalos and Neri.

It was Casimiro who issued the order as Ombudsman Merceditas Navarro Gutierrez had inhibited herself from the case.

Casimiro affirmed the findings of the Ombudsman panel headed by Deputy Ombudsman for the Military Emilio Gonzales.

The panel said it found probable cause to charge Abalos and Neri as the latter failed to present sufficient evidence to warrant the reversal of their earlier ruling in August, 2009, ordering the filing of graft charges against them.

“Respondents Abalos and Nari have failed to convince the undersigned panel that its findings should be reversed,” the panel’s resolution states.

Aside from the criminal case, Neri was suspended for a period of six months without pay for an administrative offense and his appeal was denied for lack of merit.

The Ombudsman ruled that Abalos directly demonstrated his pecuniary interest in the business transaction between the government and that of ZTE Corporation.

“Fully knowing that the stamp of approval of the National Economic Development Authority (NEDA) was needed to put an official imprimatur on the project, he actively brokered conferences between the ZTE, NEDA director general, and Amsterdam Holdings,” the resolution pointed out.

Abalos was also indicted on a separate case for corruption of public officials for allegedly offering Neri a P200-million bribe.

The panel gave weight to Neri's testimony before the Senate that Abalos offered a bribe to him.

President Gloria Macapagal Arroyo was earlier dropped from the charge sheet by the Office of the Ombudsman due to her constitutional immunity from suite during her tenure.