LIMA: WEAK EXCUSE FOR HOUSE ARREST
MANILA, NOVEMBER 28,
2011 (STAR) By Perseus Echeminada [PHOTO - Doctors of
former President Gloria Macapagal-Arroyo Dr. Mario Ver (front) Dr. Roberto
Mirasol (center) and Dr. Juliet Gopez-Cervantes prepare to leave the court room
after a hearing in Pasay City yesterday. JONJON VICENCIO]
A government prosecutor moved yesterday for the immediate transfer
of former President and now Pampanga Rep. Gloria Macapagal-Arroyo from St.
Luke's Medical Center (SLMC) to a local jail.
Defense lawyers withdrew their motion seeking hospital arrest after a doctor
testified that the accused is now fit to go home.
"I move for the immediate transfer of Congresswoman Arroyo to a jail facility
at Southern Police District (SPD)," said lawyer Maria Juana Valesa, lead
prosecutor of the Commission on Elections (Comelec) in the case, at the sala of
Judge Jesus Mupas of Pasay City Regional Trial Court (RTC) Branch 112 during the
hearing on the electoral sabotage charges filed against Arroyo.
Lawyer Joel Pelicano, clerk of court of RTC Branch 112, told The STAR after
the hearing that the court cannot immediately act on the motion to transfer
Arroyo to a detention cell since the defense panel will be given time to comment
on the motion.
He said all motions should be resolved before the judge issues a commitment
order on where the former president should be detained.
"We may inspect the jail facility at the Southern Police District but we are
not certain when," he said.
Pelicano said that the hospital arrest order at the SLMC in Taguig City that
was issued by Mupas stays until all motions are resolved.
He said both parties were given until Tuesday to submit their motions and
comments.
During the hearing, Valesa proposed the transfer of Arroyo to a government
hospital provided that her doctors, who were summoned and were present at the
hearing, would testify regarding the actual health condition of their patient.
She suggested that Arroyo be confined at the Philippine Orthopedic Center or
any government hospital at the discretion of the court.
However, defense lawyers withdrew the earlier motion for hospital arrest and
instead filed a new motion requesting house arrest for Arroyo.
Flaminiano cited the case of former President Joseph Estrada who was granted
hospital arrest by the Sandiganbayan.
Estrada was temporarily detained at the Veterans Memorial Medical Center in
Quezon City pending the trial of the plunder charges filed against him.
To testify or not
Valesa said all three doctors of Arroyo should testify.
The defense lawyers argued that since they already withdrew their motion for
hospital arrest the issue on the medical condition of Arroyo has become moot and
academic and there is no need to hear Doctors Juliet Cervantes, Mario Ver, and
Roberto Mirasol.
The defense panel, headed by Flaminiano and assisted by his son Jay, opposed
the presentation of doctors that might violate the confidentiality of the
medical records of Arroyo.
"Congresswoman Arroyo does not want her medical condition made public,"
Flaminiano said.
Mupas, however, ruled that before the motions of both the prosecution and the
defense are tackled, the actual medical condition of Arroyo must be established.
Despite the strong opposition of defense lawyers, Mupas ruled that one of the
three doctors should testify on the condition of Arroyo.
The judge said the court would ask the questions, which will be limited only
to the current condition and not on the details of the other ailment of the
patient.
Dr. Ver, the orthopedic spine surgeon of Arroyo, testified that the
congresswoman is now recovering and could be treated as an outpatient and her
full recovery is expected after several weeks.
Valesa, however, insisted that doctors Cervantes and Mirasol should also
testify but the defense panel opposed this, saying that the testimony of the two
doctors might compromise the right of the patient from public disclosure of her
other ailments.
"We are treading on dangerous grounds, this may violate confidentially of
patient-doctor relationship," Flaminiano said.
Mupas agreed with the defense and deferred the presentation of Cervantes and
Mirasol, prompting the prosecutors to file an urgent motion for the immediate
transfer of Arroyo to a detention cell at the SPD in Parañaque.
Valesa argued that since the defense lawyers have already withdrawn their
motion for hospital arrest, and that one of the doctors had testified that
Arroyo could already be treated as an outpatient, there is no more reason for
the accused to stay in the hospital.
Defense lawyers asked the court to allow Arroyo to stay in the hospital
pending deliberations of the motions set before the court.
Mupas gave both the prosecution and defense panels until Monday to submit
their respective motions on the issue before a ruling could be rendered.
Flaminiano said that they are now leaving the fate of the former president to
the discretion of the court.
"It's up to court to decide, which facility to detain our client," he said.
DOJ opposes house arrest
Justice Secretary Leila de Lima opposed the bid of Arroyo yesterday to be
placed under house arrest.
De Lima urged Judge Mupas to be extra careful in granting Arroyo's
request for house arrest that might be construed as special treatment.
"This administration really wants to avoid that perception - that it
is giving special treatment to her (Arroyo)," she stressed.
De Lima called on Mupas to carefully weigh both sides before deciding on the
request, including the true medical condition of Arroyo.
The DOJ chief believes that the determination of the true health condition of
Arroyo was crucial not only to the issue of her detention but also to the
resolution of cases in the Supreme Court about the legality of her earlier order
preventing the former president to seek medical treatment abroad.
De Lima likewise welcomed the admission of a doctor of Arroyo before the
Pasay RTC that their patient was recovering already and
might be released from hospital.
"If doctors confirmed that her condition was not life-threatening, it will
prove that (Arroyo's) camp has been lying and that's not contemplated in the
rules. The act of lying then affects their reputation," she said.
The Comelec filed electoral sabotage charges against Arroyo, former
provincial elections supervisor Lintang Bedol, and former Maguindanao governor
Andal Ampatuan Sr. for allegedly rigging the senatorial elections in Maguindanao
in 2007.
The filing of information was approved by Comelec commissioners in session
last Nov. 18 upon recommendation of the joint DOJ-Comelec panel that conducted
the preliminary investigation.
The charges against Arroyo were based on the testimony of former provincial
administrator Norie Unas, who claimed that he had heard the former president
instruct Ampatuan to ensure the 12-0 victory of the administration Team Unity in
Maguindanao during an event at Malacañang days before the polls.
Arroyo failed to submit her answer during the two hearings conducted by the
joint panel that did not grant her plea to have more time to file a
counter-affidavit.
The joint panel chaired by Prosecutor General Claro Arellano likewise
recommended the indictment of Arroyo, former Comelec chairman Benjamin
Abalos, his chief-of-staff Jaime Paz, and Intelligence Service of
the Armed Forces of the Philippines (ISAFP) Captain Peter Reyes for a
separate case of electoral sabotage in North and South Cotabato provinces also
in 2007.
The Comelec, however, was still readying the information for the
second case.
Ready for occupancy
Meanwhile, SPD spokesman Chief Inspector Jenny Tecson said the detention cell
of Arroyo is now ready for occupancy in case the Pasay RTC orders her transfer
to police headquarters.
Tecson said an air-conditioned room at the SPD public information office was
converted into what could be Arroyo's detention cell and the police assured her
of "utmost respect and dignity" befitting a former president.
The 4-meter by 10-meter room is located on the ground floor of the SPD main
building.
The room, recently painted blue and white, is furnished with a wooden bed
with foam, a desk, and a bamboo sala set. It is also located near a bathroom.
The SPD logistic division is also set to install a plywood division to
separate her bed and the receiving area.
Arroyo could have a good view of the SPD grandstand surrounded by trees. She,
however, might occasionally hear the sound of gunfire coming from a nearby
firing range.
"We just prepared it but our actions will still be based on the orders coming
from the court," Tecson said.
Interior Secretary Jesse Robredo suggested that she be confined at the Armed
Forces of the Philippines Medical Center (formerly V. Luna Medical Center) in
Quezon City.
"If the court decides that she be in a government hospital then she will be
in a government hospital, but if the court says in a regular detention facility
then we will prepare a detention center for her," Robredo said.
Robredo said Arroyo will be treated the same way the government handled the
case of former president Estrada, who was arrested and detained for plunder
charges after his ouster in 2001.
Estrada was initially detained at the Veterans Hospital before he was
transferred to a military facility in Tanay, Rizal, and later to his rest house
also in Rizal.
Bayan Muna Rep. Teddy Casiño said Arroyo should now be transferred to a jail.
"A house arrest at this time is unjust and constitutes special treatment.
What the court should do is transfer her from St. Luke's Medical Center to a
regular jail. From her cell, she can then argue her petition to be allowed to
stay in her La Vista, Quezon City mansion," he said.
He said the testimony of Arroyo's doctor that she can now be discharged from
hospital "means that she and her lawyers were deceiving the people, the Pasay
City Regional Trial Court and the Supreme Court about her true state of health."
"She's healthy and should be put behind bars," he added.
No knowledge
Resigned senator Juan Miguel Zubiri said he had no knowledge about the
alleged electoral sabotage of the 2007 elections.
Zubiri, who was in Bacolod last Wednesday, said that as far as he is
concerned, when Bedol and Ampatuan Sr. admitted that there was manipulation of
election returns in Mindanao, he conceded to Aquilino "Koko" Pimentel III, and
stepped down as the 12th elected senator.
"I told Koko it's your seat to take, not mine," Zubiri said.
He said he has no idea and had no part in the poll fraud.
"If I had, then why would I resign? Guilty parties usually do not run away
from their expensive operations," Zubiri said.
Zubiri refused to comment on the alleged speed in the filing of the electoral
sabotage charges and the issuance of the warrant of arrest against Arroyo, but
he warned the DOJ to make sure it has an airtight case.
"In a heinous crime such as electoral sabotage, the judge has to be sure 100
percent that you are guilty beyond reasonable doubt, there must be indisputable
evidence," he said. With Edu Punay, Jess Diaz, Cecille
Suerte Felipe, Danny Dangcalan, AP
De Lima: GMA's excuse for house arrest weak By
Reinir Padua (The Philippine Star) Updated November 26, 2011 05:00 PM Comments
(1)
MANILA, Philippines - Justice Secretary Leila de Lima today said that the
lawyers of former President and now Pampanga Rep. Gloria Macapagal-Arroyo have
not presented enough evidence to support her bid for house arrest.
"I think they have not cited sufficient reason for the house arrest," De Lima
told reporters at Camp Karingal in Quezon City.
De Lima said that the fact that the doctors of the Pampanga lawmaker have
manifested that she could be treated as out-patient shows that the house arrest
arrangement is no longer warranted.
"There is no basis anymore for her continuous hospital confinement. If there
is no basis for hospital arrest, there is less reason for house arrest," De Lima
said, stressing that it was still up to the court to decide on which detention
arrangement is better for the former president.
The prosecution panel from the Commission on Election (Comelec) on Friday
asked Judge Jesus Mupas of Pasay City Regional Trial Court Branch 112 for the
immediate transfer of the former president from the St. Luke's Medical Center in
Taguig City to the jail facility of the Southern Police District.
Mupas's branch is hearing the electoral sabotage case filed by the Comelec
against the former president on Friday last week.
The Comelec also filed electoral sabotage charges against former provincial
elections supervisor Lintang Bedol and former Maguindanao governor Andal
Ampatuan Sr. for allegedly rigging the senatorial elections in Maguindanao in
2007.
On the same day, Arroyo's lawyers withdrew their motion seeking continued
hospital arrest after a doctor testified that the former president was already
fit to go home.
Dr. Mario Ver, the orthopedic surgeon of Arroyo, testified that the
congresswoman is now recovering and could be treated as an outpatient and her
full recovery is expected after several weeks.
Mupas gave both the prosecution and defense panels until Monday to submit
their respective motions on the issue before a ruling could be rendered.
"They (Arroyo's lawyers) have not cited a reason yet (for house arrest)," De
Lima said. "They have to convince the court that the house arrest is the best
arrangement."
Lawyer Raul Lambino clarified in a radio interview this morning that the Mrs.
Arroyo's health condition remains severe. He said that what Ver was referring to
in his statement yesterday was the anorexia and back pain of the former
president.
Lambino said that Malacañang is insisting that Mrs. Arroyo is already well to
further shame the former president.
The lawyer is still hoping that Malacañang will keep its promise that it will
not object to the Arroyo camps plea for house arrest, referring to De Lima's
announcement after the issuance of the arrest warrant against Mrs. Arroyo.
Deputy presidential spokesperson Abigail Valte had clarified yesterday that
De Lima's promise was only good for the weekend after the arrest of the former
president.
She said that it's up to the Comelec whether it will push through with its
objection to the former president's plea for house arrest.
Noy: House arrest up to the courts By Delon
Porcalla (The Philippine Star) Updated November 26, 2011 12:00 AM
LEGASPI CITY, Philippines – President Aquino clarified yesterday that it is
up to the Pasay City Regional Trial Court to issue the order on whether to place
accused former President and now Pampanga Rep. Gloria Macapagal-Arroyo under
hospital arrest or house arrest.
Aquino, who inaugurated the Climate Change Academy at the state-owned Bicol
University here, hinted that the administration would agree to hospital arrest
due to her medical condition, but house arrest would be the court's discretion.
"All of these are now in court. They are the only ones empowered to decide
where to incarcerate people that they ordered arrested. We in the executive, we
are tasked to follow the mandates of the court when it comes to the law," Aquino
said.
He also expressed gratitude to the doctor of Arroyo who declared in open
court that Arroyo could now go home, which is an implied admission that her
condition is not life-threatening.
A government medical team led by Health Secretary Enrique Ona had examined
the medical condition of Arroyo before the Supreme Court gave her the authority
to leave the country to seek medical treatment abroad.
Ona told the President there was no urgency for such medical treatment;
Arroyo's doctors also confirmed in a medical report they gave to the government
that her condition is improving.
Aquino also brushed aside criticisms the country is just like a police state
if the watchlist order is not lifted, saying he was just implementing the policy
Arroyo herself had imposed during her term.
The President was also guest speaker at the National Media Conference on
Climate Change Adaptation here, which is hosted by the province of Albay, headed
by Gov. Joey Salceda, a former classmate of Aquino at the Ateneo de Manila
University.
"We are very happy to note the improvement in (Arroyo's) condition. We will
leave it up to the sound discretion of the court as to the resolution of the
Arroyo camp's motion for house arrest," deputy presidential spokesperson Abigail
Valte said yesterday.
Earlier, presidential spokesman Edwin Lacierda said it would be best for the
doctors to narrate the situation of the former president "then and now."
"And let me state also, again, the medical certificate submitted by doctors
(Juliet) Cervantes and (Mario) Ver before the Supreme Court showed that the
(former) president was not under any threat of and was not under any
life-threatening condition. And that's why we have maintained that the (former)
president was not suffering from a life-threatening condition. In fact, in that
particular medical certificate, the doctors have said that her condition was
improving. And, hence, we don't understand why the Supreme Court failed to
realize that medical certificate — that particular content in that medical
certificate," Lacierda said.
Lacierda said the Philippine Medical Association (PMA) and Health Secretary
Ona had declared that the former president's condition was not life threatening.
For humanitarian reasons, the PMA said Arroyo should not be sent to jail due
to her present health condition.
PMA governor Dr. Leo Olarte said Arroyo has not fully recovered from three
operations she underwent for cervical spondylosis.
"For me, she should stay in the hospital or in the house. Staying in jail
might delay the healing process," he added.
Olarte said it takes a longer time for a bone that had been operated on to
heal.
"According to her (camp), it may take six to eight months for her to
recover," he added.
Arroyo camp prefers house arrest
Arroyo's husband Jose Miguel rejected comments that placing the accused
former president under house arrest could be perceived as giving her special
treatment.
"A house arrest would be befitting her status as a former president of the
country. It's the same as the soldiers going back to the barracks," Arroyo said,
referring to the treatment accorded to troops arrested in the past for
attempting to stage coups.
Arroyo's lawyer Raul Lambino said Justice Secretary Leila de Lima claimed
that house arrest for the accused could be perceived by the public as giving
special treatment to the former president.
He said Arroyo accorded the same treatment to former President Joseph
Estrada, who was not suffering from any major ailment, when he was detained at
his rest house in Tanay, Rizal.
"I think the administration wants to put her in the company of hardened
criminals because they know that would be popular with the people since she is
unpopular," Lambino said.
He said while Arroyo is not very seriously ill, her condition could be
life-threatening if not treated on time.
San Juan Rep. Joseph Victor Ejercito disagreed with the proposal of some
members of the House of Representatives to expel Rep. Gloria Macapagal-Arroyo.
"There has to be a conviction before she can be expelled. She could remain as
a member of the House while she's on trial," said Ejercito, a son of former
President Estrada.
As to whether Arroyo's sickness is life-threatening or not, Ejercito said,
"She looks sick, but unfortunately, people don't believe she is sick."
"Her biggest problem is credibility. People don't believe her. People don't
trust her, and she has only herself to blame. Remember that she promised on
national television not to run in the 2004 elections, but she ran," he said.
He added that Arroyo, when she was president, had a track record of evading
issues.
Filipino workers abroad expressed support for calls for immediate detention
of Arroyo in a regular jail as soon as she is released from hospital.
John Leonard Monterona, Migrante-Middle East regional coordinator, said the
Aquino government, particularly the Justice department, should take immediate
action to ensure the transfer of Arroyo to a detention facility.
"She (Arroyo) must be transferred to a detention facility under the
supervision of the Southern Police District. We OFWs (overseas Filipino workers)
are more than happy to see Arroyo put behind bars," Monterona disclosed.
In a related development, Camarines Sur Rep. Dato Arroyo insisted that his
mother has no intention of escaping the criminal charges filed against her by
the government.
He said his mother only wanted to seek medical treatment abroad, not seek
political asylum.
Dato said if his mother wished to flee, she could have done it after she
stepped down from the presidency in 2010.With Aurea Calica,
Jess Diaz, Mayen Jaymalin, Aie Balagtas See
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
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rights reserved
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