POLL SABOTAGE LAW UNCONSTITUTIONAL - EXPERT
[PHOTO - GMA IN HOSPITAL
WAITING FOR DIAGNOSIS & TREATMENT WHILE IN HALO VEST]
MANILA,
NOVEMBER 28,
2011 (BULLETIN) By HANNAH L. TORREGOZA - Former President
Gloria Macapagal Arroyo may post bail and avoid jail if defense lawyers can
prove that the evidence against her is weak, Senator Miriam Defensor Santiago
said Sunday.
With the legal battle brewing on where Arroyo will be detained after leaving
the hospital, Santiago said state prosecutors may be overlooking the fact that
the former leader can still post bail if her lawyers are able to prove that the
evidence against her is weak.
"All talks (about her detention) are still premature. They are all
overlooking the fact that she may post bail. If she is able to post bail, then
libre siya," Santiago said in an interview over radio DZBB.
The government first has to show that the evidence of guilt against Arroyo is
strong before the court sets a bail hearing.
Santiago explained that at a bail hearing, the courts will weigh the pieces
of evidence against her and determine if they are strong.
"If the evidence is weak, there is a need to bolster evidence. If she can
post bail, she is free. If she is not allowed to post bail, then we can start
talking about where she should be detained," the senator said.
But should the lower court reject her appeal to post bail, Santiago said the
government should ensure that due process would prevail as Arroyo faces trial.
"If she lives in Quezon City, she can be brought there for detention. If in
Makati, then that is where she will be jailed. Pero nauna na ang kaso ni
(former) President (Joseph) Estrada when he was confined at V. Luna Hospital,
and after some years, the court said he can be placed under house arrest," the
former trial court judge recalled, adding that Estrada was later on allowed by
the courts to put him under house arrest at his own farm in Tanay, Rizal.
The government she said should work on a "presumption of innocence" and
accord the President "due consideration."
"Huwag siyang ipahiya masyado. Sabi nga ng ibang observer, sabi nila magiging
damaged democracy ang Pilipinas kung ganyan. Hinahabol nila ang katarungan,
handa naman magparusa at maparusahan, pero dapat sana masunod muna ang
presumption of innocence (Let her not be put to shame. Some observers say the
Philippines will have a damaged democracy that way. There is a pursuit of
justice; readiness to punish and be punished, but hopefully, first there should
be presumption of innocence)," Santiago said.
Justice Secretary Leila de Lima, in the other hand, dismissed as mere rumors
the claim that she was pressuring the Regional Trial Court (RTC) judge hearing
the electoral sabotage case against Mrs. Arroyo to deny her bid for house
arrest.
De Lima denied the allegation of Mrs. Arroyo's camp that she sent a warning
to Pasay RTC 112 Judge Jesus Mupas against the granting of a house arrest to the
former Chief Executive.
Lawyer Ferdinand Topacio, who is Mrs. Arroyo's corroborating counsel, had
accused De Lima of committing such a "highly improper" act that shows "the
Executive bullying the Judiciary."
But De Lima, in a text message, said: "That's not true at all. There's no
such letter."
Such insinuation was a tactic employed by the lawyers of Mrs. Arroyo to take
away the real issue, that is the real health condition of Representative Arroyo,
she said.
"It's either they're imagining things or deliberately foisting such a lie in
order to discredit me," she added.
Malacañang is keeping its mouth shut on Arroyo's case, particularly on her
place of detention, to avoid speculations it is meddling.
Deputy Presidential Spokeswoman Abigail Valte said the Palace will no longer
comment on the issue and leave it to the Pasay RTC to decide on whether the
former leader will be detained in jail or elsewhere.
"We don't want to give any more comment on this because we might be accused
of giving her special treatment. If we say another thing, we might be accused of
being vindictive," she said in Filipino over government radio.
Court officials led by Mupas is set to inspect the Southern Police District
(SPD) detention facility it prepared for Arroyo.
Meanwhile, Mrs. Arroyo may not be included in new charges of electoral
sabotage in Mindanao being prepared for filing this week by the Commission on
Elections (Comelec).
Comelec Chairman Sixto S. Brillantes, Jr. said the evidence against Mrs.
Arroyo related to vote- rigging in the 2007 national elections in South Cotabato
and North Cotabato provinces appear to be weak.
"Hindi sigurado pero pwedeng hindi kasama, pwede din na kasama. Depende 'yan
sa final review ng mga documents hindi kasi masyadong ma-pinpoint si PGMA sa
North and South Cotabato (It's not sure, but she [Arroyo] may or may not be
included [in the case]. It would depend on the final review of the documents
because PGMA is not directly pinpointed in the North and South Cotabato [case]),
Brillantes said.
However, the Comelec chief said the former president is not yet off the hook.
"Posible lang, kasi hindi masyadong malakas hindi kagaya 'nung sa
Maguindanao. Pero pwede din siya masabit kasi merong mga sinasabi 'yung dalawang
witnesses, eh (It may be possible [to charge Arroyo] because it's not too strong
a case as the Maguindanao [case]. But she may be liable based on the testimonies
of two witnesses)," he added.
To recall, the Comelec already filed an electoral sabotage case against Mrs.
Arroyo at the Pasay City RTC over the supposed poll cheating in Maguindanao in
the 2007senatorial elections.
The name, however, of former Comelec Chairman Benjamin Abalos will surely be
included in the case.
"Si Abalos kasama na, pero chine-check pa namin maigi (Abalos is included,
but we are still checking it very well)," said Brillantes.
Others who may be involved in the second electoral sabotage, he said, are
former provincial election supervisors for South and North Cotabato Lilian
Suan-Radam and Yogi Martirizar, former Intelligence Service of the Armed Forces
of the Philippines (ISAFP) operative Capt. Peter Reyes, and former Central
Mindanao election director Michael Abas.
"Maraming pangalan, yung iba hindi ko matandaan pero marami kami tinitingnan
(There are many names (involved), but I can't recall them all. They're all being
looked into)," Brillantes said.
Asked when they are planning to file the case, he said the Comelec en banc
will still have to decide on the date when they meet tomorrow, Tuesday.
De Lima said she wants lawyers of Mrs. Arroyo investigated over reports that
they harassed their client's doctors just to try to win their battle in the
legal front.
She said she supports the call of militant lawmakers for the Supreme Court
(SC) and the Integrated Bar of the Philippines (IBP) to investigate Arroyo's
lawyers Jose Flaminiano, Raul Lambino, and Ferdinand Topacio for the alleged
"grand deception to hide the real condition of Arroyo."
De Lima said that forcing doctors to certify false medical certificates –
just as militant lawmakers accuse Arroyo's lawyers of doing to her doctors –
"smacks of grave coercion, if not obstruction of justice."
"Their (doctors') rights are being grossly violated. If the doctors confirmed
that her condition was not life-threatening, it only proved that (Arroyo's) camp
has been lying and that's not contemplated in the rules. The act of lying then
affects their reputation," she argued.
Several lawmakers have already called for an investigation against Topacio
and other lawyers of the Arroyos for allegedly lying on the real condition of
their client by manipulating statements of the doctors.
As for questions of whether there is military sympathy for the plight of Mrs.
Arroyo, Sen. Gregorio Honasan expressed doubt that she would be able to muster
enough people to launch a revolt.
Honasan said it is unlikely that even military officials who were loyal to
the former president when she was still the commander-in-chief would come out
and stage a coup against the Aquino administration which appears bent on
pressing electoral charges on Mrs. Arroyo. (With reports
from Leslie Ann G. Aquino, Leonard D. Postrado, and Genalyn D.
Kabiling)
Paguia: Poll sabotage law 'unconstitutional' By
Charlie V. Manalo 11/28/2011
A constitutional expert yesterday claimed the Election Sabotage Law
of 2007 or Republic Act 9369 which formed the basis of creating a Department of
Justice (DoJ)-Comelec joint panel to investigate and prosecute large-scale
election irregularities which implicated former President and now Pampanga Rep.
Gloria Macapagal-Arroyo is unconstitutional.
In a statement, lawyer Alan Paguia, who was a counsel for former President
Joseph Estrada, said the constitutional provision on the creation of the
Sandi-ganbayan, which was provided for in the 1973 Constitution, was carried
over to the 1987 Cons-titution.
He said the constitutional jurisdiction of the Sandiganbayan in the 1973
Constitution is specific on criminal and civil cases involving graft and
corruption practices and such other offenses committed by public officers and
employees in relation to their office as may be determined by law.
"The legislature has no authority to amend the constitutional jurisdiction of
the Sandiganbayan. The exercise of ordinary legislative authority which resulted
in the passage of the Electoral Sabotage law is not a valid mode of amending the
Constitution," Paguia said.
Prohibited acts under the Election Sabotage law — such as setting the ceiling
of 10,000 tampered ballots as basis for the offense, which carried the penalty
of life imprisonment — is unreasonable, he said.
He said ordinary election offense carries only a penalty of six years'
imprisonment. Paguia said the law does not explain why there is no election
sabotage if the tampered votes are 5,000 or less even if the election results
were adversely affected.
"As long as tampered votes exceed 10,000 there is election sabotage even if
the result of the elections is not adversely affected," he said.
Paguia argued that RA 9369 violated the "equal protection" clause of the 1987
Constitution "due to unreasonable classification" and question of proper
jurisdiction.
Paguia, also former professor of law at the Ateneo de Manila University Law
School before he was persuaded to defend Estrada in 2003, noted that during the
deliberation of RA 9369, the lawmakers at the time introduced an "element of
ambiguity" into all the provisions defining what constitutes election sabotage.
"The law does not explain why, and common sense is simply stumped. Thus, the
law appears tainted with unreasonable classification," Paguia said.
The specific acts of election sabotage can be found under Section 42 of the
law, which in turn, is an amendment to Section 27 of RA 6646 passed during the
8th Congress.
Paguia also opined that the Pasay Regional Trial Court, which issued last
November 18 the warrant of arrest for the former president, has no jurisdiction
over the case since the proper authority to issue the warrant should have been
the Sandiganbayan.
The Sandiganbayan was created under the 1973 Constitution. It has been tasked
to handle all criminal and civil cases involving not only graft and corrupt
practices but "such other offenses committed by public officers and employees in
relation to their office as may be determined by law."
"Clearly the accusation against Mrs. Arroyo falls under the classification of
'other offenses' determined by (other) law such as RA 9369," he further pointed
out.
He said Congress, when it passed RA 9369, made the fatal error of
transferring this jurisdiction to the regional trial court.
"Can the legislature vest jurisdiction over electoral sabotage in favor of
the regional trial court? No.
"The legislature has no authority to amend the constitutional jurisdiction of
the Sandiganbayan," Paguia stressed.
He pointed out further that even the 1987 Constitution did not empower
Congress to unilaterally amend the constitutional jurisdiction granted to the
Sandiganbayan under the previous 1973 Constitution.
This being the case, Paguia said there is no legal basis for the arrest of
Mrs. Arroyo as ordered by the Pasay RTC.
"It (arrest) was based on a void warrant which was issued without
jurisdiction."
Local government officials also called on the Aquino administration to treat
Mrs. Arroyo more humanely and with dignity given her delicate medical condition
and her stature as former president of the country.
Parañaque Mayor Florencio Bernabe said the government should not humiliate
the former President because she is a former head of state.
Gov. Khalid Dimaporo of Lanao Del Norte said the former president does not
deserve to be incarcerated because she had done so much to the country
especially to his province.
"She gave us so much during her term — social services, Philhealth,
infrastructure. They were all successfully implemented during her term and now
we are enjoying the fruits," he said.
He then called on the administration to treat her fairly and observe all the
legal processes.
"She truly helped our people in Mindanao and we feel for her. In behalf of
the people of Mindanao, we appeal to the administration to observe due process
and accord her due respect," he said. He also said the former president should
be placed under house arrest.
North Cotabato Gov. Emmylou Mendoza said the government should take as its
primary concern the former president's medical status. "Justice delayed is
justice denied. Let us respect and abide by all legal procedures. But in the
spirit of reconciliation and humanitarian consideration, let's consider PGMA's
present medical status. Let us put up a good fight against an opponent who is
physically fit and can stand trial," she said.
Sorsogon Gov. Raul Lee Saguday, Quirino Mayor Dionisio Vicmudo Saguday,
Quirino also expressed support to the beleaguered leader saying the treatment
being accorded to the former president shows it is "a power mad administration."
Mayor Jojo Pupos, Medina Misamis Oriental for his part said the former
president should be treated as a leader and should be given house arrest. He
said he and his constituents found the treatment given to Rep. Arroyo
disheartening and disconcerting.
"If they can do this to a president, how much more to an ordinary person. On
a bigger note, who is being humiliated here is not her but the entire country,"
he said.
Pasil, Kalinga Mayor James Edubba lamented the shame which the former
president suffered in the hands of the government saying she does not deserve it
given the good things she did for the country.
"What they are doing to her is inhuman, the former President must also get
the respect she deserves as former president. In the Cordilleras, she is the
only president who really did something to address our concerns on our access
road like the concreting and the completion of the Halsema highway, the
Bontoc-Banawe road, the Bontoc-Tabuk road, the Bontoc-Mt. Data road, the
Baguio-Aritao road, the Abatan-Mankayan-Cervantes-Quirino road. Those are some
of the many things she did to improve and bring development to our region," he
said.
Gataran, Cagayan Mayor Ramon Nolasco said he believes the former president
has no intention to leave the country.
Cadiz City Mayor Patrick Escalante said the former president should be
allowed to leave the country. "It is her right to go for treatment of her choice
anywhere in the world," he said.
Iriga City Mayor Madelaine Alfelor Gazmen — for her part said, "I just hope
people will learn how to move on, try to solve the present problems and issues
like the fast escalation of fuel prices, and the costs of electricity and prime
commodities. Past is past, face the present and plan for the future."
San Marcelino, Zambales Mayor Jose Rodriguez and San Agustin, Romblon Mayor
Emmanuel Madrona both said he is saddened by what is happening to the country.
Lagawe, Ifugao Mayor Ceasario Cabbigat said he is believes the former president
is being harassed. "They are persecuting PGMA," he said.
Malacañang said it will not issue any comment on the petition of Arroyo for
her house arrest, noting that any Palace statement may be taken as special
treatment or vindictive.
Earlier, Brussels-based think tank European Institute for Asian Studies
(EIAS) vice chairman Dick Gupwell had said in a report from Brussels that the
treatment being accorded Arroyo "is a question of vindictiveness and could
result in a damaged democracy."
The EIAS advises European Union institutions about developments in Asia.
Deputy Presidential spokesperson Abigail Valte earlier disputed the EIAS
assessment by describing it as a mere motherhood statement and defended that it
is beyond Aquino's call on where to detain Mrs. Arroyo and added that Malacañang
is giving the DoJ-Comelec panel a free hand on responding to the petition of
house arrest in contrast to Aquino's earlier assurances that the government
would not oppose Arroyo's arrest outside a detention cell.
She added that the decision will be made by the Pasig Regional Trial Court.
Valte also defended Justice Secretary De Lima on her statement last Friday,
saying this was issued in reference to the coming weekend, wherein the courts
are closed and the defense may not be able to file a motion. "The statement of
De Lima made on that Friday, that before the warrant of arrest was issued, was
in reference to Saturday and Sunday when the courts are closed. As such, the
accused cannot file a motion. So the statement of de Lima was in reference to
that interim period and not beyond," she said. Danessa
Rivera
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
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