PASAY COURT EXTENDS GMA STAY AT ST. LUKE'S
MANILA, DECEMBER 5, 2011 (STAR) By Perseus Echeminada - Pasay City Regional Trial Court (RTC) Judge Jesus Mupas deferred yesterday the transfer of Pampanga Rep. Gloria Arroyo from St. Luke's Medical Center (SLMC) to Friday until the completion of renovation of the bathroom inside the presidential suite of the Veterans Medical Memorial Center (VMMC).
Mupas of RTC Branch 112 granted in open court the motion filed by defense lawyers that the date of transfer of Arroyo, who is facing electoral sabotage charges, be extended until Friday to fix the "obstacles" inside the bathroom at the VMMC suite that may endanger the life of the former president.
Pasay RTC issued last week an order to transfer Arroyo from SLMC in Taguig City to the VMMC in Quezon City.
Mupas also answered "yes" when asked by defense lawyers if the former president could use a cellular phone and laptop computer pending resolution of the supplemental motion for the use of computers so that the congresswoman could continue performing her constitutional duties to her constituents at the 2nd district of Pampanga.
Prosecution lawyer Juana Valesa opposed the defense motions, saying that the repair of the bathroom could be done in 24 hours while the use of cellphones and computers are not allowed inside jail facilities.
Lawyer Jay Flaminiano presented to the court the photocopies of the bathroom's bathtub with steel railing that could hamper or even endanger the patient, who is undergoing therapy for a rare bone disorder.
The toilet bowl and other facilities should also be replaced to fit the medical condition of the patient.
He said during their ocular inspection they found out that the bathroom was also slippery and the tiles should be replaced.
The lawyer said the renovation work might be completed after three days or more.
"We will shoulder all the expenses of the renovation," Flaminiano said.
The defense lawyers also admitted before the court that Arroyo is already responding to her medications and she is already fit to leave SLMC.
But because of the current condition of the presidential suite at the VMMC the defense said they should first ensure that all obstacles inside the bathroom are removed.
The defense also manifested that the original doctors of Arroyo should be allowed to treat her while under detention at VMMC.
A lawyer of Arroyo said she was happy after the Pasay court deferred her transfer.
"According to the doctors of the president, she has responded well to the antibiotics given to her for her colitis," said lawyer Lawrence Arroyo, adding that his client is feeling better now and has started to eat solid food.
Arroyo, who is staying at SLMC's luxurious presidential suite, could now walk to the bathroom accompanied by a nurse, he added.
Last week, Arroyo's camp opposed the scheduled transfer today, saying her colitis has to be cured first.
Malacañang said it would not object to the decision of the Pasay City RTC to extend the stay of Arroyo at the SLMC and allow her to use a cellphone and a laptop for 15 days.
Presidential spokesman Edwin Lacierda said it would be up to the Commission on Elections (Comelec) if it would ask for a motion for reconsideration.
"However, that is the decision made by the Pasay City regional trial court. We have always maintained that all pending incidents are within the exclusive jurisdiction of the regional trial court," Lacierda said.
He added it would be up to the RTC to determine whether the Arroyo camp was just employing delaying tactics to avert her immediate transfer to VMMC.
Judge Mupas had issued last Nov. 18 a warrant of arrest for Arroyo after the Comelec filed electoral sabotage charges against Arroyo, former Maguindanao provincial elections supervisor Lintang Bedol, and former Maguindanao governor Andal Ampatuan Sr. for allegedly rigging results in senatorial elections in Maguindanao in the 2007 polls.
Comelec commissioners approved the filing of the information in session last Nov. 18 upon recommendation of the joint Department of Justice-Comelec panel that conducted the preliminary investigation.
Lawyer Joel Pelicano, RTC Branch 112 clerk of court, said the court will issue a formal order today that would be served to the prosecution, the defense, and the concerned government agencies involved in the transfer and detention of the former president.
VMMC director Dr. Nona Legaspi said the food to be served Arroyo would be the same as those given to other hospital patients.
Legaspi said the court order on the transfer of Arroyo to VMMC did not specify that a special menu will be provided for the new patient.
Arroyo's camp earlier bared what they said was a plot to assassinate the former president by poisoning, bringing up the possibility that a personal chef would be brought in for her.
"We will treat her as an ordinary patient. She will be given (the normal) patient's food," Legaspi said, noting that it would be coming from the hospital kitchen so it should be safe.
She assured Arroyo that she would be comfortable at the hospital's presidential suite but she would not be treated as a VIP.
Legaspi said the suite is ready as early as Saturday and that if Arroyo's camp wanted to bring in additional fixtures, it should be upon orders of the court.
"There's nothing to complain about," Legaspi said, noting that the suite is well maintained.
Cell phone and laptop
During the hearing, defense lawyer Arroyo argued that the cellphone and laptop computer are vital tools for the performance of Arroyo's constitutional duties as a duly elected member of Congress.
"The accused (Arroyo), a workaholic, aside from being a former president, is also a congresswoman who has duties to perform," he said.
He said the use of a cellphone and laptop is not a case of VIP treatment because of her unique position as former president and incumbent lawmaker who, until proven guilty, is innocent of the charges.
Prosecutor Valesa opposed the motion, citing a Supreme Court ruling on the case of convicted child rapist Romeo Jaloslos and the case of Sen. Antonio Trillanes IV where the ban on cellphones and computers was upheld by the High Court.
Defense lawyers countered that the case of Jalosjos was different because he was already convicted when the ruling was handed, while in the case of Trillanes, he was facing rebellion charges, which involved national security.
Defense lawyers said Jalosjos was already serving his prison term at the New Bilibid Prison in Muntinlupa while Arroyo was still a detainee and her case did not involve national security.
"The accused has not yet been arraigned and until proven guilty she remains innocent," he said.
He said the ban on Trillanes was to restrict the contact of the accused with rebel soldiers.
Mupas then urged the parties to submit their respective motion and memoranda on the case.
This developed as Arroyo's son Ang Galing Pinoy party-list Rep. Juan Miguel "Mikey" Arroyo arrived yesterday at the Ninoy Aquino International Airport Terminal 2 after a 16-day trip to the United States.
Arriving alone, Rep. Arroyo was in the business class of a Philippine Airlines flight from San Francisco and immediately went to the immigration counter and customs area where he was cleared in less than five minutes.
A member of his staff retrieved the six pieces of luggage of the congressman, who boarded a waiting car and left. He refused to answer questions from reporters.
"Pasensiya na kayo at no comment," Arroyo said before boarding his car.
NAIA sources said that Arroyo left last Nov. 19 for San Francisco, when he was given clearance to travel by the courts.
Rep. Arroyo and his wife were charged in court with tax evasion.
Tight security at VMMC
Some 200 policemen were deployed at VMMC, with four control points before anyone could reach the presidential suite.
PNP chief Director General Nicanor Bartolome said the control point security system would be imposed on Arroyo's visitors, including relatives, friends and supporters, to ensure her safety after the camp of the former president claimed there is a threat against her life.
"There would be no exemption, everybody would pass through the four-layer control points," said Bartolome.
Bartolome assured Arroyo's visitors of the smooth implementation of the security setup since all concerned parties have discussed the matter thoroughly.
The PNP chief said the first layer of the control point will be the inspection area; the second layer would be the holding area or waiting area while security officers get clearance from the family and other units.
Bartolome said the third layer of the control point would be the processing, documentation, and depository of the items which are not allowed inside the presidential suite.
"The fourth and final control point would have a machine detector where the visitor would pass through for final inspection," said Bartolome.
He clarified that the four-layer security plan for visitors of Arroyo would be different from the security measures at the main gate of the government-run hospital.
"The instruction to us is to maintain heavy security here. We have to maintain heightened security here because of the reported oplan (operation allegedly to assassinate Arroyo)," said a police officer who refused to be identified.
The presidential suite is situated at the back of the VMMC compound. It is a few minutes' drive from the hospital gate on North Avenue.
The facility to hold the former president has been restricted and practically detached from the rest of the hospital compound.
Media have been restricted and barred from entering the hospital compound.
Inside the VMMC compound, there were tents put up for policemen guarding the facility.
A source said a police truck is on standby. There were even policemen in plainclothes inside the compound. There were also policemen on guard at some waiting sheds near the hospital.
The source said even inside the hospital itself, there were police manning almost every corner of the hospital.
Sen. Aquilino Pimentel III rejected the appeal of Arroyo to allow her to use cellphones, broadband access and personal computers once she is transferred to VMMC.
"For me it is already a concession to place her under hospital arrest when she should be put in jail. She must follow the rules because ordinary prisoner has no laptop, etc.," Pimentel told reporters at the weekly media forum Kapihan sa Diamond Hotel in Manila.
"Did they allow (Sen. Antonio) Trillanes (IV) to bring cellphone? But his staff were allowed to visit him," he said.
Pimentel said he was dismayed upon hearing that Arroyo's stay at the SLMC has been extended to Friday. With Reinir Padua, Cecille Suerte Felipe, Aie Balagtas See, Helen Flores, Aurea Calica, Rudy Santos, Paolo Romero, Ding Cervantes
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