Senator: Evidence of poll sabotage vs Arroyo weak

Wednesday, November 30, 2011
SENATOR Miriam Defensor-Santiago, a former trial judge, said Monday evidence of electoral sabotage against Pampanga Representative Gloria Macapagal-Arroyo may be weak enough to get her granted bail for a non-bailable crime.
“The strongest evidence would be eyewitnesses. We all know that in trial court, the strongest evidence is a witness who was there, present, and who perceived with his senses what was taking place, and could communicate his perceptions to the judge,” she said.
She said prosecutors could also present documents as evidence but doubted that Arroyo’s signature would appear on any documents.
“The next step would be to prove that she was conducting all of these alleged electoral maneuverings against the law in the presence of an eyewitness,” she said.
And if the evidence is weak, she said Pasay City Regional Trial Court Judge Jesus Mupas might still grant bail.
She said according to the Rules of Court, “no person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong.”
Santiago said, however, that means bail becomes a matter of discretion and not a right.
Under the Constitution, all accused of crimes punishable with less than 30 years in prison (reclusion perpetua) have a right to bail. Electoral sabotage, however, carries a life sentence.
“After a bail hearing, the judge should spell out at least a resume of the evidence on which its order granting or denying bail is based. Otherwise, the order is defective and voidable,” she said, quoting Carpio V. Maglalang.
The Supreme Court ruled in 1991 that Judge Romeo Maglalang abused discretion by granting the petition for bail filed by a suspect in the murder of Dinalupihan Mayor Jose Payumo Jr. without giving the prosecution a chance to show that evidence was strong.
“Although the right to bail is principally for the benefit of the accused, in the judicial determination of the availability of said right, the prosecution should be afforded procedural due process,” the Supreme Court said. It said in a motion requesting bail, the prosecution should be allowed to show evidence. The court is then required to explain what evidence the decision to grant or deny the motion was based on.
The suspect in that case, Benjamin Escaño, jumped bail.
Arroyo critics, however, believe the Commission on Elections has a strong case.
“I don’t believe the government will file a case if the evidence isn’t strong,” Minority Leader Alan Peter Cayetano said. He said the long wait before the Comelec determined probable cause to file the electoral sabotage case may have been because the government was trying to gather more witnesses.
“She owes it to our country to directly answer the charges in the same way that her administration prosecuted former president (Joseph) Estrada for the plunder cases charged against him,” he said.
Senate President Pro Tempore Jinggoy Ejercito Estrada, meanwhile, agreed the government case is strong; otherwise, it would not have been brought to court.
“I also want a plunder case filed against them because of how much they stole from the government,” he said.
Estrada was himself jailed on plunder charges after his father’s adminstration fell from power. He was later acquitted but his father, the former president, was found guilty of plunder.
He said Arroyo should find out what he and his father experienced while they detained. He said that while they were in custody, Swat units would search them and confiscate their mobile phones.
“They shouldn’t be allowed cell phones and computers. That’s not allowed,” he said.
Senate President Juan Ponce Enrile, meanwhile, advised his colleagues to distance themselves from the issue.
“Anything we say will just be an opinion, (and) we should not try to influence the minds of the judges. Also, I do not want to speak about pending cases,” he said.
Published in the Sun.Star Pampanga newspaper on November 30, 2011.
http://www.sunstar.com.ph/pampanga/local-news/2011/11/30/senator-evidence-poll-sabotage-vs-arroyo-weak-193284

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