By Maricel V. Cruz and Rio N. Araja
THE Supreme Court has issued a restraining order stopping the Sandiganbayan from proceeding with its trial of detained former President and now Pampanga Rep. Gloria Macapagal Arroyo, who invoked a United Nations panel recommendation backing her bid for bail during the pendency of her plunder case.
During its en banc session, the SC resolved to issue an order suspending the trial of the plunder case against Arroyo before the anti-graft court’s First Division, in connection with her alleged involvement in the P366-million Philippine Charity Sweepstakes Office fund anomaly.
The suspension order, which is effective for 30 days, was issued purportedly to allow the SC justices to decide on the merits of the case without the Sandiganbayan proceeding with the trial, Court insiders revealed.
The SC also directed the Sandiganbayan to answer the new petition filed by Arroyo last week seeking immediate resolution of her bail petition and questioning the dismissal of her demurrer to evidence last month.
The detained leader had already asked the SC last April to reverse the Sandiganbayan’s denial of her bail motion last February. The SC already ordered the anti-graft court last June to answer the petition.
In her latest appeal, Arroyo urged the tribunal to rule on her case, citing the recent report from the UN Technical Working Group on Arbitrary Detention recommending her release from detention because it violates international human rights standards.
Arroyo argued that the UN panel’s position was consistent with her petition for bail and demurrer to evidence.
“Not a single exhibit of the 637 exhibits offered by the prosecution nor a single testimony of the 21 witnesses of the prosecution was offered by the prosecution to prove that respondent Arroyo amassed, accumulated, or acquired even a single peso of the alleged ill-gotten wealth amounting to P365, 997,915.00 or any part of that amount alleged in the Information,” the Arroyo petition read.
Most of Arroyo’s co-accused in the case—board of directors Manuel Morato, Jose Taruc,”¨ Raymundo Roquero and Ma. Fatima Valdes, budget and accounts manager”¨ Benigno Aguas; ex-Commission on Audit chairman Reynaldo Villar; and”¨ ex-chief of CoA fs CIF Fraud Audit Unit, Nilda Plaras—were all granted”¨ bail because of weak evidence, but Mrs. Arroyo fs bail plea was repeatedly dismissed.”¨
While government lawyers alleged the crime was a conspiracy, almost all of Arroyo fs co-accused are either out on bail or had been acquitted of the charges.
Laurence Hector Arroyo, one of Arroyo fs lawyers, said they Ҭare optimistic that the high court would also gtake judicial notice h of its recent ruling allowing Senator Juan Ponce Enrile to post bail for the sameӬ offense of plunder.Ӭ
I am hoping that the high court would be able to resolve our bail plea in her favor in November or December, h lawyer Arroyo said.
Arroyo said the high court had ruled in many cases that detainees are entitled to bail “if their continuous confinement during the pendency of their case would be injurious to their health or endanger their life.”
But given her condition, the former president pleaded that hospital detention would not suffice for her recovery.
