P-NOY IS ERODING COMELEC INDEPENDENCE / GMA TO EUROPE FOR TREATMENT
[PHOTO - MIKE A.]
MANILA, OCTOBER 26, 2011 (TRIBUNE) A defense lawyer representing former First Gentleman Jose Miguel Arroyo yesterday said that Malacañang is seriously eroding the independence of the Commission on Elections by slowly turning the constitutional body into a "puppet" of the Executive Department in creating a joint panel of the Department of Justice (DoJ) and the Comelec to investigate the 2004 and 2007 national elections.
In a statement, defense counsel Ferdinand Topacio said "the creation of the Joint DoJ-Comelec Panel through a strange "duck" of an executive order, the so-called Joint Order No. 001-2011, fuses the Comelec, a constitutionally-independent body, with the DoJ, which is a political agent of the Executive Branch.
"This is legally impermissible. Whoever conceived of that joint order must have been smoking a joint."
The statement added that "the pronouncements of presidential spokesman Edwin Lacierda that the filing of charges against the Arroyos 'is an order from President Aquino and that government officials are supposed to carry it out,' is something that goes beyond scary, because it turns the Comelec into a puppet of Malacañang and subject to its dictates," Topacio pointed out.
"The President, as early as July, had already imposed a deadline of the end of the year for the Arroyo spouses to be
charged. Then, it made the Comelec an adjunct of the Department of Justice by forming a panel composed of both DoJ and Comelec personnel.
"Chairman Brillantes should have opposed this latest assault on the integrity and independence of the Comelec, but being the former lawyer of the President, he meekly stood by and delivered the Comelec to the Executive Branch like a lamb being led to slaughter. This is a less than brilliant stand on his part," the lawyer added.
"The fact that they refused to close the investigation against the former First Gentleman notwithstanding the finding of sheer lack of evidence against him, shows clearly where this inquisition is going: They will try to produce evidence against the First Gentleman by hook or by crook, even if they have to fabricate the evidence," Topacio also said.
Prosecutors the other day started the first meeting of the preliminary investigation (PI) into the case of electoral sabotage filed against former President Gloria Arroyo, her spouse Mike Arroyo and officials of Comelec.
The joint committee of investigating prosecutors on the 2007 election fraud has already served subpoenas to the former First Gentleman, despite the initial findings of the joint fact-finding panel of the DoJ and the Comelec that there is not enough evidence to pin him down for election sabotage.
Prosecutor General Claro Arellano earlier said subpoenas are scheduled to be sent to about 36 respondents, led by the former president.
He added that Mike Arroyo was included on the basis of the complaint filed by Sen. Aquilino "Koko" Pimentel, who named him as one of the respondents in the election sabotage case.
Arellano said they will request Justice Secretary Leila de Lima to issue a watch list order (WLO) on all respondents.
In the summons, the respondents or their counsels are required to appear during the Nov. 3 initial hearing, where they will be furnished copies of the complaints, the fact-finding report, after which they will be given 10 days to submit their respective counter-affidavits.
The prosecutors will also brief the counsels on the rules of preliminary investigation to ensure the speedy resolution of the cases.
Arellano said the appearance of Mrs. Arroyo during the PI will be dependent on whether her health will allow it.
The purpose of the preliminary investigation committee was to determine whether probable cause exists among those recommended for investigation by the fact-finding team enough to indict them in court.
Should the PI panel find probable cause to indict respondents in court, they are likely to be detained while the court is hearing the case, since the penalty for the charge carries with it life sentences.
De Lima earlier said that the PI panel will conclude its probe by November or at the latest before Christmas.
Aside from the Arroyo spouses, other respondents in the election sabotage case are former Comelec chairman Benjamin Abalos Jr., former Comelec commissioner Nicodemo Ferrer, former Justice Secretary and former Team Unity lawyer Alberto Agra, and detained former Maguindanao Gov. Andal Ampatuan Sr.
The fact-finding team, led by Assistant Secretary Zabedin Azis, recommended them to be investigated based on the affidavit of witnesses who actually participated in the alleged plan to rig the 2007 polls.
It was alleged that the former Chief Executive "(gave) direct instruction to manipulate the results of the senatorial elections in Maguindanao by ordering Ampatuan Sr. to implement a '12-0' result in the province of Maguindanao in favor of Team Unity senatorial candidates, and to alter or change the results if necessary."
Abalos allegedly carried out Arroyo's instruction by reminding poll supervisors in the Maguindanao, as well as in North and South Cotabato, to manipulate the elections and ensure the successful implementation of the '12-0' plan and zero votes for three opposition senatorial bets, then Senator (now President) Aquino, Panfilo Lacson and Alan Peter Cayetano.
Ferrer was then chairman of Task Force Maguindanao, was likewise charged for authenticating the manufactured election documents submitted by election officers in General Santos City despite vigorous objections from counsels of candidates, and which documents were made as the basis of canvass by the Special Provincial Board of Canvassers.
Agra was charged for covering up the manipulation of election results in North and South Cotabato by advising the provincial election supervisors not to appear at the continuation of the canvassing before the National Board of Canvassers until clearance from Malacanang is given her. Furthermore, he engaged in partisan political activity, being then the incumbent Government Corporate Counsel, having been appointed on Feb. 28, 2007. Benjamin B. Pulta
GMA to fly to Europe for medical treatment By Gerry Baldo 10/26/2011
[PHOTO - FORMER PRESIDENT, NOW REPRESENTATIVE GLORIA ARROYO]
Former President and incumbent Pampanga Rep. Gloria Arroyo is going to Europe to seek further medical treatment despite the three surgical procedures done on her spine.
According to Quezon Rep. Danilo Suarez, Mrs. Arroyo's further treatment is meant to stabilize her spine and for her to undergo more medical examinations.
"The doctors admitted that there was something wrong with the operation and, sadly, the test for her bone is not available in the country. Perhaps she will be going to Europe," Suarez said yesterday.
Arroyo's spokesman, Elena Bautista-Horn, confirmed that the former president would be leaving the country for bone examination.
Bautista-Horn also said that although although Arroyo's spine has recovered, her parathyroid gland needs medical attention.
"Her spine is good but her parathyroid glands are still not functioning and she has to take shots for it. Her bone mineral disorder has to be addressed," Horn said.
The parathyroid glands are the those maintaining the body's calcium level within a very narrow range, so that the nervous and muscular systems can function properly.
"The parathyroid glands are not working so no one is telling the calcium, magnesium and vitamins to go to her bones," Horn explained.
However, Horn said that they still have no idea as to when Arroyo would be leaving the country as there is still a watch list order (WLO) in connection with the criminal charges filed against the former president.
Horn said that the duration of the treatment abroad would depend on the results of the bone biopsy that would be done on Mrs. Arroyo.
Meanwhile, the House of Representatives has informed the Department of Foreign Affairs (DFA) that they have amended the "travel advisory of Arroyo dated Sept. 16 to the United States (US), and Germany to include Singapore, Spain and Italy to seek medical consultation with specialists for the period Oct. 22 to Dec. 5 instead of Sept. 18 to Oct. 11."
In the endorsement letter to the DFA dated Oct. 19, 2011, lawyer Artemio Adasa Jr., officer-in-charge at the House Secretary General's Office, said the former president will be accompanied by Jose Miguel Arroyo, her aide-de-camp First Lt. Jane Glova and private nurse Maria Saharah Casuga.
Meanwhile, a staunch House ally of President Aquino said yesterday that Arroyo should be allowed only in countries where the Philippines has an extradition treaty.
According to Cavite Rep. Joseph Emilio Abaya, chairman of the House committee on appropriations, the move would ensure that the former president returns to country and faces the charges against her. He said that it is in the interest of justice that the former president should return.
"On top of humanitarian considerations, it is incumbent upon the state to likewise verify the secondary concern. She (Arrroyo) should go to countries where we have extradition treaty," Abaya told reporters during the weekly Ugnayan sa Batasan media forum.
"Of course on the humanitarian side of things, it's a privilege, rather than the right. It's out of kind heartedness rather than by law," Abaya added.
Abaya explained that while the government should permit the former president to travel for humanitarian reasons, the government should also consider the possibility that she may not return and face the various non-bailable criminal charges filed against her.
He said that the government should be able to know the real state of Mrs. Arroyo's health and whether her illness could still be treated in the country.
He said that Mrs. Arroyo is a flight risk.
"Who would want to be in jail? The possibility is always there, any Juan dela Cruz will tell you," said Abaya.
Western Samar Rep. Mel Sarmiento shared Abaya's view of Arroyo being a flight risk.
Adasa disclosed that the House leadership has issued a travel authority to Mrs. Arroyo that she is allowed to go to the United States, Germany, Singapore, Spain and Italy "to seek medical consultation with specialists."
Of the five countries, only the United States has an extradition treaty with the country.
This developed as the joint panel of the Department of Justice (DoJ) and the Commission on Elections (Comelec) sent a subpoena to Mrs. Arroyo's office at the House of Representatives yesterday afternoon. Mrs. Arroyo was not in her office to receive the subpoena.
Mrs. Arroyo is being subpoenaed to appear before the panel for preliminary investigation for electoral sabotage on Nov. 3, 2011.
"Under the virtue of the authority vested in us by law, and considering the voluminous nature of the supporting documents involved, you are hereby directed to appear before the undersigned DoJ-Comelec Preliminary Investigation Committee members," the subpoena said.
Mrs. Arroyo has been accused of orchestrating the manipulation of election results in 2007 to favor senatorial candidates under her ticket.
De Lima denied delaying the release of ADO for the former president.
De Lima said she is still awaiting the recommendation from the Office of the Chief State Counsel or the legal staff, who processes such ADO.
She said there were other documents lacking for the request of ADO, adding that it was only Teusday that the camp of Arroyo submitted the additional requirements for the ADO.
The DoJ chief said she has asked for the medical abstract of the congresswoman and it was only submitted earlier yesterday.
De Lima noted that they asked for the medical abstract since the reason cited by Arroyo was for medical treatment.
She said her office would like to know which country she is bound for and if there already is a schedule for the medical treatment of the lady lawmaker abroad.
However, De Lima clarified that she was not saying that she would not allow the medical treatment abroad of Arroyo, only that it should go through the process. With PNA
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