Monday, November 28, 2011

News Update 'Due process must be observed in GMA case'

MANILA, Philippines - Senators Miriam Defensor-Santiago and Gregorio Honasan appealed for sobriety yesterday among those involved in the case of former President and now Pampanga Rep. Gloria Macapagal-Arroyo, and urged them to observe due process instead.
“Let us follow the process. We should respect the Supreme Court and the president, our former president,” said Santiago who called on all concerned persons in government.
Santiago said those in power today should always put in mind that they will not be in power forever.
“Now, do they want others to do to them what they are doing now (to a former president)? Let us not put someone in shame. If they want, they can file charges and present evidence,” Santiago added.
Honasan said the process of the courts as well as the SC should be respected.
He said he does not want any more conflict arising from the perceived clash between the executive and the judiciary.
Honasan added that the issue at hand is the timing of the executive actions and the rulings of the Supreme Court.
He said even the Senate Blue Ribbon committee’s further hearings on the election fraud issue may also add to the confusion, and that he does not want anybody to be placed under trial by publicity.
Honasan said the public might get confused by the different outcomes from the courts and the Senate hearings as well as those from the justice department.
“If we will entertain that, even our judicial system up to the highest court will be politicized. Ayokong isipin yan dahil hihina ang ating demokrasya,” Honasan said over radio dzBB. (That would weaken our democracy).
EU monitoring case
Santiago warned the Aquino administration that efforts that tend to humiliate Mrs. Arroyo might get the attention of the international community, especially the European Union.
Santiago said the administration should be very careful in persecuting the former president.
She the international community observes the trial of former presidents who are slapped with charges shortly after their terms.
“That’s why we are very, very careful that the government will not say at the very start, that we are already bent on convicting her or finding her guilty. We should be fair. At the very start, although she can be detained, she still enjoys presumption of innocence,” Santiago said.
“Kaya sabi ng European body, hindi bali kung ano kasalanan nibista ninyo pero huwag ninyo ipahiya masyado. Humiliation will result in a damaged democracy,” said Santiago, who is a candidate for a post at the International Criminal Court. (Okay to charge them but not humiliate them).
Amid talks whether Mrs. Arroyo should be allowed house arrest or hospital arrest, Santiago said there is still a need for prosecutors to establish that the case filed against the former chief executive is strong.
“First of all, there has to be a showing that the evidence of guilt is strong. Before the hearing is set against Mrs. Arroyo, there is what you call a bail hearing. This is a hearing where the evidence against her will be weighed and determined if they are strong,” Santiago said.
“If the evidence are 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 where she should be detained,” Santiago added.
Santiago said that the judge has the final say on where Mrs. Arroyo should be detained if she is not allowed to post bail.
Honasan allayed speculations that recent developments may affect the morale of the Armed Forces and the Philippine National Police (PNP).
He said it is unnecessary for President Aquino, as commander-in-chief, to even call for a loyalty check among the uniformed personnel.
“It’s totally unwarranted… we should deal with other issues that are more important for our nation,” Honasan said.
Pasay RTC officials to inspect SPD
The officials of the Pasay City Regional Trial Court handling the electoral sabotage case against Mrs. Arroyo will inspect today the supposed detention cell of the former president at the Southern Police District (SPD) in Taguig.
The Commission on Elections (Comelec) had filed a motion seeking Arroyo’s immediate transfer to a local jail, preferably at the facility of the SPD, after her doctors testified that she is now fit to leave hospital.
Justice Secretary Leila de Lima last Saturday said Arroyo’s lawyers have not presented enough evidence to support her bid for house arrest.
“This is for the court’s consumption. Kailangan makita kung okay ba itong detention facility, considering na dating president kailangan medyo may konting kaluwagan (It must be ascertained that the detention facility is okay; considering that she is a former president, we must observe leniency),” said Sheriff Rodelio Buenviaje of Pasay Regional Trial Court 112 about the inspection.
Buenviaje said there’s still no exact time for the inspection to be conducted by Judge Jesus Mupas and his court staff at the SPD head quarters in Fort Bonifacio.
Aside from the detention room, the court will also inspect the Veterans Memorial Hospital in Quezon City.
Last Friday, the Comelec’s lead prosecutor Maria Juana Valesa moved for Arroyo’s transfer to SPD after one of her three doctors attested
that she is “medically fit” to leave the hospital.
Dr. Mario Ver told Mupas that Arroyo is now recovering and could be treated as an outpatient. Her full recovery is expected after several weeks, he added.
The orthopedic surgeon testified three days after he was quoted by Arroyo’s spokesman Raul Lambino as saying that another problem in Arroyo’s lower spine has been found.
In an earlier interview, SPD spokesman Chief Inspector Jenny Tecson said the detention room had been prepared. Police had given assurance that Arroyo will be treated with “outmost respect and dignity” befitting a former president.
Arroyo’s possible detention room is a 4-meter by 10-meter air-conditioned room located on the ground floor of the SDP main building.
The room, painted blue and white, was furnished with a wooden bed with a foam mattress, a desk, and a bamboo sala set. It is also located near a bathroom.
A plywood divider will be installed to separate her bed from the receiving area.
The room offers a good view of the SPD grandstand surrounded by trees but occasionally, the sound of gunfire may be heard from a nearby firing range. With Aie Balagtas See - By Christina Mendez