AFTER SC REBUFF / GMA OFFERED HOSPITAL ARREST
[PHOTO
COURTESY OF MANILA BULLETIN - WARRANT OF
ARREST Police Senior Superintendent Joel Coronel Joel Coronel holds the copy of
the arrest warrant for electoral sabotage for former President and now Pampanga
Rep. Gloria Macapagal-Arroyo at the St. Luke's Medical Center in Taguig Friday,
Nov. 18, 2011. (Photo by KJ ROSALES)]
MANILA,
NOVEMBER 19, 2011 (TRIBUNE)
A warrant of arrest was served against former President Arroyo at her St. Luke's
hospital suite at 6:30 pm yesterday to cap a grueling day for the scale of
justice as it swung twice between the contending camps of Mrs. Arroyo and the
Aquino administration.
The day started with the Supreme Court issuing a decision dismissing a
government appeal against the temporary restraining order (TRO) on the Arroyo
travel ban and ended with the Pasay court issuing an arrest order on Mrs. Arroyo
over charges of electoral sabotage which is an unbailable offense.
The Arroyo camp protested the arrest order on Arroyo as railroaded and
described it as a "bullet train" court decision, referring to the haste at which
the decision was issued.
Senior Supt. Joel Coronel of the Criminal Investigation and Detection Group (CIDG)
who presided over the serving of the arrest warrant said Arroyo will be under
hospital arrest until she is physically fit to be moved to the Southern Police
District detention center where she will be placed under custody, adding that
two policemen were detailed outside her room.
The arrest order, signed by Judge Jesus Mupas of Branch 112 of the Pasay
regional trial court, was served at 6:30 p.m. yesterday by National Capital
Region Police
Office Director Alan Purisima.
Coronel told reporters Arroyo's lawyer Jose Flaminiano received the arrest
order for Mrs. Arroyo who asked that the police dispense with the reading of
Arroyo's rights that about to be done by Senior Superintendent James Bucayu,
deputy district director, administrative division of the Southern Police
District.
Bucayu, in turn, said Mrs. Arroyo was accompanied by her husband Jose Miguel,
son and Camarines Sur Representative Diosdado "Dato" Arroyo, her legal team, and
some former Cabinet members, when the arrest warrant was served to her.
Justice Secretary Leila De Lima presided over a meeting of the joint
Commissions on Elections-Department of Justice committee on the poll fraud case
against Mrs. Arroyo in the morning and subsequently issued a recommendation for
filing of charges against Mrs. Arroyo and former Maguindanao Gov. Andal Ampatuan
Sr. and former chairman of the Provincial Board of Canvassers in Mindanao
Lintang Bedol that became the basis for the issuance of an arrest warrant at
around 4:30 pm or just before a supposed scheduled flight of Mrs. Arroyo and her
entourage for Singapore at 5:02 pm.
Arroyo's counsel Raul Lambino slammed the Comelec for the hasty manner in
which it filed an electoral sabotage case against the former leader and forty
others in connection with the allegations of anomaly on the 2004 presidential
elections.
This even as the former president was reported to have accepted her fate she
will be going to spend some time in jail after a Pasay City Regional Trial Court
(RTC) issued a warrant of arrest against her in connection with the case filed
against her by Comelec.
In a telephone interview, Lambino, who is also a spokesman for Mrs. Arroyo,
said he finds it rather odd for the Comelec to act in lightning speed, to issue
a resolution calling for filing a case against the former president for
electoral sabotage.
After its early morning en banc session, the Comelec issued the resolution,
then filed a case with the Pasay City regional trial court before 12 noon.
After around 15 minutes, the case was raffled and fell on the sala of Judge
Jesus Mupas of Pasay City RTC Branch 112.
Four hours later, Mupas issued a warrant of arrest against Mrs. Arroyo.
"This is definitely not normal. It moved faster than lightning," Lambino
remarked as he noted that the recent moves of the Comelec, along with the
Department of Justice (DoJ), appeared to be in line with President Aquino's
earlier pronouncement that charges would be filed against the Arroyos by
November, and that they may spend their Christmas in jail.
Proof of the administration's obsession to have the Arroyo's jailed was when
the Comelec deliberately ignored the counter-affidavit of former Maguinadano
Governor Zaldy Ampatuan Sr. belying the claims of former Maguindanao provincial
administrator Norie Unas.
Unas had claimed he overheard former First Gentleman Jose Miguel "Mike"
Arroyo ordering Ampatuan to rig the election result in Maguindanao, a fact which
Ampatuan denies.
"That is precisely the reason why we've been saying this is a moro-moro. This
administration is hell-bent on filing charges against Arroyo," said Lambino.
When asked how Mrs. Arroyo took the issue of the arrest warrant issued
against her, Lambino said the former president was resigned to the fact she will
be spending time in jail as the crime of electoral sabotaged lodged against her
is non-bailable.
"There is nothing we can do. We are at the receiving end of the government's
enormous power," said Lambino. "At the moment, we are awaiting the police team
who would be serving the warrant and who would effect the arrest."
However, unverified reports state the Arroyos have already filed a motion to
have the proceedings in the Pasay RTC be suspended.
Despite the warrant of arrest, Lambino, said the court may not issue an hold
departure order (HDO) et as it has to hold hearings on the matter first.
"The curt cannot issue an HDO unless it conducst hearing on the issue to give
the contending parties to air their sides," Lambino averred.
Another Arroyo lawyer, Ferdinand Topacio said the electoral sabotage case
against Mrs. Arroyo has been railroaded, saying it is part of an administration
script against the former leader.
Justice Secretary Leila de Lima before the serving of the arrest order
against Mrs. Arroyo held a press conference at Malacañang saying the SC decision
to uphold a TRO on the watchlist order preventing Arroyo from leaving the
country became "moot and academic" after the arrest warrant was issued against
her.
De Lima described the issuance of the arrest warrant as a "real triumph of
justice and accountability."
Interior and Local Government Secretary Jesse Robredo said he personally
informed Arroyo's son Camarines Sur Representative Diosdado "Dato" Macapagal
about the arrest warrant against the former president.
Robredo later said consultations are being made with the Arroyo family on how
to effect the arrest order on Mrs. Arroyo that may be through a hospital arrest
that the Aquino administration will not object to.
De Lima said she spoke to Aquino, who is in Bali, Indonesia for the 19th
Association of Southeast Asian Nations summit, to inform him of the arrest
warrant on Mrs. Arroyo adding she was told by Aquino to "treat Mrs. Arroyo with
utmost respect in consideration of whatever condition she has. She added Aquino
would not object to a hospital arrest for Mrs. Arroyo.
"But if she leaves the premises, the police is constrained to bring her to
the appropriate detention facility," De Lima said.
Earlier in the day, a special en banc hearing by the SC turned down the
government's motion for reconsideration to the restraining order issued by the
tribunal last November 15 authorizing Mrs. Arroyo to leave the country to seek
medical treatment abroad.
In the same vote as in the original TRO, the high court also ordered
embattled justice secretary Leila de Lima to explain her insistence on refusing
to honor the restraining order and ordering immigration and airport officials to
bar Arroyo's entourage from leaving the country.
"The motion for reconsideration is denied (with the) same vote." Court
Administrator Jose Midas Marquez said in a press briefing yesterday and said De
Lima was tasked by the tribunal "to show cause and comply within ten days why (s)he
should not be held in contempt of court and comply with the TRO for failing to
comply and disrespect to the Supreme Court."
She was given 10 days to explain her refusal to implement the TRO and her
"obvious disrespect" to the high court.
As far as the SC is concerned, Marquez said Arroyo and her husband former
first gentleman Mike Arroyo can leave the country to any destination of their
own choice. The same SC resolution also turned down the motion of former
Solicitor General Estelito Mendoza requesting for an earlier schedule of the
oral argument.
Marquez disclosed that the oral argument will proceed as scheduled on
Tuesday, Nov. 22.
In its resolution, the SC also required lawyer Ferdinand Topacio to submit a
supplemental compliance designating him as the legal representative of Mrs
Arroyo to received in her behalf legal processes like summons and other legal
documents.
Last Tuesday, the high court voting 8-5 allowed Mrs. Arroyo to leave the
country after it issued a TRO stopping the implementation of a watchlist order (WLO)
issued by the DoJ.
Marquez bared that majority of the justices believed that the "couple enjoys
the presumption of innocence" as enshrined in the 1987 Constitution.
In issuing the TRO, the SC has set several conditions before the couple could
leave the country. They should post a travel bond of P2 million for both of them
and they should appoint a legal representative that will receive in their behalf
legal processes like subpoenas.
Also, Marquez bared that the couple should inform or report to Philippine
embassies and consular offices in the country where they went. Marquez said the
conditions were set by the SC "after thoroughly reviewing the circumstances and
case itself."
Operatives of the Philippine National Police (PNP)-National Capital Regional
Police Office (NCRPO) were deployed at St. Luke's Medical Center in Taguig City
after the court ordered the serving of a warrant of arrest against Arroyo who is
confined at the hospital.
Mrs. Arroyo can still be arrested even when Congress is in session since any
elected official can be arrested for crimes punishable by imprisonment of more
than 6 years. Electoral sabotage when found guilty is punishable by life
imprisonment.
Robredo that Mrs. Arroyo might be given the option for either a hospital or
house arrest.
Robredo said he called Arroyo's son, Camarines Sur Representative Diosdado
"Dato" Arroyo noting that the government will accord due respect to the former
president and since she is sick.
Robredo claimed that he is waiting for Datu's call anytime.
The DILG chief said that if the former president decide to stay in the
hospital or at home, then the government will consider her decision but with the
permission from the court.
Robredo however cleared out that the Aquino government will not allow Mrs.
Arroyo to leave the country.
"If she goes to the airport, she will be arrested," Robredo stressed.
Benjamin B. Pulta, Charlie V. Manalo, Gina Peralta-Elorde
Noy offers Gloria hospital detention By Virgilio
J. Bugaoisan and Angie M. Rosales 11/19/2011
Following the issuance of a warrant of arrest on former President and now
Pampanga Rep. Gloria Arroyo, Malacanang said yesterday that President Aquino
will not object to a hospital arrest on Arroyo if her camp would request it, in
effect offering that she remains in the hospital while her poll fraud case is
being prosecuted.
At a press briefing, Presidential spokesman Edwin Lacierda also said the
Pasay court's decision has vindicated Malacanang's position to reject the
implementation of the Supreme Court's temporary restraining order (TRO) on the
watch list order issued by the Department of Justice against Mrs. Arroyo and her
spouse Jose Miguel " Mike" Arroyo.
At the same press briefing, Justice Secretary Leila de Lima said the issuance
of the arrest warrant by the Pasay City Regional Trial Court against Mrs. Arroyo
has rendered the SC TRO "moot and academic."
Presidential Communications Development and Strategic Planning Office
Secretary Ramon Carandang on the other hand hailed the filing of election fraud
charges against Mrs. Arroyo and the eventual issuance of warrant of arrest
against her.
"We promised the Filipino people her day in court, and now she is getting
it," Carandang told reporters at an Asian summit on the Indonesian resort island
of Bali.
Prior to the formal issuance of the warrant of arrest, Lacierda had said that
the Aquino administration is hell-bent in stopping the Arroyo couple from
leaving the country and is determined to set aside the SC TRO.
But upon learning of the Pasay Court's decision, Lacierda said that President
Aquino's guidance for them is to "treat the former president with utmost
respect."
Senate President Pro Tempore Jinggoy Estrada urged Arroyo to face the charges
against her, the way his father, former President Joseph Estrada did after he
was ousted from office.
"That's the price of committing injustice to the Filipino people. Her happy
days are over," he said, adding that the filing of the charges by the Comelec
has long been overdue.
Sen. Franklin Drilon, a member of the administration bloc in the upper
chamber, defused any issue of irregularity
in the apparent haste by the Pasay regional trial court in the issuance of a
warrant of arrest against the former president just hours after the Commission
on Elections (Comelec) filed an electoral sabotage against the congresswoman and
two others.
"It's not unusual that the judge will now decide whether or not the basis of
the evidence presented," Drilon said when asked by reporters on whether it was a
normal court procedure or considered a special case.
Sen. Francis Pangilinan, another Palace ally, said that with the issuance of
the arrest warrant, the temporary restraining order (TRO) issued by the Supreme
Court, "for all intent and purposes becomes ineffectual because of the latest
turn of events."
"This is clearly a victory for justice and public accountability. It is
ironic that it had to take a lower court rather than the SC to ensure that the
pursuit of justice and public accountability would not be frustrated.
"Arroyo should face the music. This is not persecution. This is not a mockery
of justice. This is a former President being held to account for her alleged
involvement in electoral sabotage. In Taiwan, in South Korea, former presidents
have been jailed and held to account for their acts. Regardless of our status in
society, no one is above the law—not even a former president," he said.
Some of their colleagues, however, have their respective suspicions as to the
supposed biases showed by the judicial agencies.
Majority Leader Vicente Sotto III said the filing of the case against Arroyo
and later on, the issuance of an arrest warrant are tainted with indecent haste.
"The integrity of our judicial system is at stake. The wheels of justice must
march to the beat of its own drums and not fanned by political winds. Nakakaduda
sa bilis, ayaw ng SC pero pag RTC execute agad," he commented.
Sen. Antonio Trillanes IV said it's not remote that the Arroyo camp have
their so-called insiders within the SC, the reason why they seemed to be already
prepared to leave the country even before the TRO was issued.
Both Trillanes and Sen. Francis "Chiz" Escudero believe that the filing of
the formal charges against the congresswomen will not resolve the supposed
"impasse" between the Executive and the Judiciary and will render as moot and
academic the issue of the Department of Justice (DoJ) preventing the Arroyos
from leaving the country.
Minority Leader Alan Peter Cayetano called upon the judiciary to be fair and
give due process to all parties so that justice will prevail.
"President Aquino promised justice for the Filipino people. Arroyo symbolized
impunity, use of government power and resources to steal, cheat and lie. Now,
she is being brought to justice. Prosecuted and not persecuted. The President
resolved, principles and political will is much appreciated and will now bear
fruit.
"The former president always said she will face charges in the proper forum.
Now that the case is with the courts, this is the proper venue, to prove her
guilt or innocence. The admiration averted a constitutional crsis while not
slowing former president from escaping, this would be an example to those who
think they can steal, cheat and lie and get away with it," he said.
"We will not object to a hospital arrest," said Lacierda but stressed that
the decision on whether to allow Mrs. Arroyo to be placed under hospital arrest
now rests on the jurisdiction of the court.
He said that under normal procedures, Mrs. Arroyo can ask the court to allow
her to be placed under hospital arrest but nonetheless, he claimed that law
enforcement officers were only advised to secure St. Lukes Medical Center where
she is presently confined.
Lacierda said there's no plan to physically take Mrs. Arroyo under government
custody as long as "she does not leave the hospital or residence"
" The arresting officers will just have to secure the area," Lacierda said as
he noted that with the issuance of the warrant of arrest, the lawyer of Mrs.
will no longer have to put one of his testicles on the chopping board.
Lacierda made the statement apparently to mock Topacio who claimed he is
willing to have one of his testicles removed if the Arroyos come back to the
Philippines if they are allowed to leave the country.
"Just a short statement. I think the decision in the Pasay City regional
trial court has enabled Atty. Ferdie Topacio to save his family jewels. Thank
you very much," he said.
De Lima on the other hand said that with the issuance of the warrant of
arrest, Mrs. Arroyo is thereby "compelled to stay in the country and face the
charges of electoral sabotage filed against her, bringing us closer to
uncovering the truth behind the controversies surrounding the 2007 elections."
"Today the Pasay RTC Branch 112 issued a warrant of arrest for rep gloria
macapagal arroyo after reviewing the electoral sabotage case filed by the
COMELEC. In light of this recent development, the issues surrounding the TRO
from the SC have become moot and academic," said De Lima.
"Rest assured, that throughout the judicial process, the govt will exercise
fairness and impartiality and will uphold every right that mrs arroyo as an
accused is entitled to under the constitution. For a legal proceeding that has
great implications not just on the integrity of our electoral system but also to
the very principles of our nation's democracy, it is our desire that truth and
accountability prevail and that the Filipino people are finally given the
justice they truly deserve," she added.
De Lima also dismissed claims by the Arroyo camp that the Pasay court was
pressured to issue the warrant of arrest as she noted as a general rule , a
warrant of arrest can be immediately issued upon the filing of a criminal
information.
She also disputed claims that the DOJ-Comission on Elections panel had
railroaded the preliminary investigation on the electoral fraud case against
Mrs. Arroyo and had denied her due process.
"They were given the opportunity to answer, to respond. They're supposed to
file counter-affidavit," she said.
Basking on her apparent success in securing a favorable ruling from the Pasay
court, De Lima said that the government can now seek accountability from the
former President.
" This is the real triumph for justice and accountability. This is it. That's
the reason why in the first place we issued a WLO," she said.
" We wanted her to be here within the reach of our court system. And that's
exactly the situation we were contemplating, that's why we had to issue a WLO,"
De Lima said adding:" Justice has been served. It's very relieving; it's
difficult to describe my feelings although nothing personal here. I was just
doing my duty."
More lawmakers yesterday joined the majority bloc in welcoming the issuance
of a warrant of arrest for former president and now Pampnaga Rep. Gloria
Macapagal Arroyo in connection with the electoral sabotage case filed against
her.
"This is welcome news, long-awaited by everyone hoping to hold former Pres.
Arroyo accountable for the massive vote-rigging under her watch. We expect that
the Pasay court will issue a warrant for her arrest and a hold departure order
as soon as possible," ACT Teachers partylist Rep. Rolando Tinio said yesterday.
Tinio said that Mrs. Arroyo and her cohorts should be held accountable for
the string of criminal cases they were alleged to have committed.
"Seeing her behind bars is the first step in holding her accountable for her
vote-rigging, plunder, and human rights violations. The prospect of attaining
justice would be a fitting Christmas gift for our people," Tinio said.
Cagayan Rep. Jack Enrile said that the electoral sabotage case should be
allowed to take its course.
"As to the filing of an election sabotage case before the Pasay RTC against
former President Gloria Macapagal Arroyo, et. al, we should let the process
takes its own course," Enrile said in a statement yesterday.
This developed as several civil society groups launched a "Bantay Gloria"
move.
The group, called the Bantay Gloria Network also expressed full support for
Justice Sec. Leila De Lima.
"Those who are defying the TRO are accused of not following the rule of law.
We disagree. It is the issuance of the TRO and the manner with which the SC
arrived at its decision that smacks of disobedience to the rule of law. With all
due respect, the SC decision to issue the TRO favors neither the constitutional
order nor the rule of law. It favors the abusive and the powerful," former Rep.
Riza Hontiveros said yesterday.
The group maintained that the Supreme Court decision on the TRO was favorable
to the former president who had appointed the eight justices who voted in favor
of the issuance of a TRO.
The network said that the eight justices seem to have turned a blind eye to
the inconsistencies and apparent lies in Arroyo's petition.
"She lied when she claimed thatthe Philippines has an extradition treaty with
Spain. She was inconsistent with her medical condition, alleging that there's
urgency to her to travel for medical treatment when her own doctor stated that
she is on her way to recovery. She said that her condition is so acute that she
needs expert treatment from abroad, and yet her request for travel authority
from Speaker Belmonte included other non-medical reasons, among them her
participation in conferences," Leah Navarro, of the Black and White Movement
said. Gerry Baldo
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by
PHILIPPINE HEADLINE NEWS ONLINE
All rights reserved
PHILIPPINE HEADLINE NEWS ONLINE [PHNO] WEBSITE
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