Legal remedies, old age favor Imelda – lawmakers
SENATORS on Wednesday said Rep. Imelda Marcos (Ilocos Norte) is allowed to avail herself of legal remedies to delay the issuance of an arrest order against her.
Senators Aquilino Pimentel 3rd, Francis Escudero and Panfilo Lacson made the remark amid growing demands from anti-Marcos groups to arrest the former first lady.
The anti-graft court Sandiganbayan last week found Mrs. Marcos guilty of graft in seven cases and sentenced her to six to 11 years in prison for each case as well as perpetually disqualified her from holding public office.
It granted her motion to defer the issuance of a warrant of arrest against her.
When sought for reaction on the court’s move, Pimentel said, “If the reason for ordering arrest is absence from hearing, then the subject person is always allowed, and is given the chance, to explain the absence.”
Escudero, in a text message, said, “Any party aggrieved by a ruling of a court can seek remedies from the court itself (i.e. motion for reconsideration) or from a higher court (appeal or certiorari).”
“If the Sandiganbayan does not find the reason acceptable, again, the aggrieved party can still seek redress from the Supreme Court to reverse the Sandiganbayan decision,” he added.
“Kaya nga nagtagal ng ganyan eh. Kada incident meron remedies ang akusado (That’s the reason why the case dragged. There are always remedies available to the accused in every incident),” Escudero said.
Lacson said, “While that [seeking legal remedies] could be the ugly side of due process, nevertheless, it is enshrined in our Constitution and must be observed.”
“Having said that, if it were an ordinary Juan or Juana de la Cruz without access to pricey lawyers, he or she would have been hauled to prison upon conviction and while awaiting appeal,” he added.
“It happens all the time. While we may not like it, that is how justice is served in our country,” Lacson said.
Age, too, seems to be on Mrs. Marcos’ side.
Leaders of the House minority on Wednesday said the Sandiganbayan verdict on the former first lady is “already enough,” citing her health and old age.
Minority Leader Danilo Suarez told reporters in a news briefing that it is not necessary for the 89-year-old Mrs. Marcos to be jailed anymore.
“It is shameful enough that you were convicted. Parang hindi na kailangang ikulong (Maybe she does not need to be put in jail),” Suarez said, citing a newspaper column of former senator Rene Saguisag, who said that “conviction is enough humiliation.”
On Monday, Suarez described as “reasonable” the Philippine National Police (PNP) taking the age of Mrs. Marcos into consideration.
Senior Deputy Minority Leader Lito Atienza, who represents Buhay party-list, urged critics to “be more realistic about life.”
“[Former senator Juan Ponce Enrile] can be released on the basis of age and health. [Mrs. Marcos] is 89 and she is totally not that healthy,” Atienza told reporters.
In 2015, the Supreme Court allowed Enrile to post bail because of his poor health.
The former Senate president, who was then 91, faced plunder charges for his alleged involvement in the controversial pork barrel scam.
Bicol Rep. Alfredo Garbin Jr., however, said, “Old age is not a justifying circumstance to relieve anyone.”
“Kahit anong edad, pwede kang makulong (No matter what your age is, you can still be detained)… but old age is never a reason to escape from any criminal liability,” he added.
The Sandiganbayan confirmed on Tuesday that it had deferred the release of an arrest warrant against Mrs. Marcos after her camp filed a motion asking for leave of court to avail of legal remedies.
She was convicted for using her Cabinet position in managing several Swiss foundations from 1968 to 1986.
BERNADETTE E. TAMAYO AND GLEE JALEA
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