Out on bail, Imelda poised for longer court battle

The widow of dictator Ferdinand Marcos walked out of the Sandiganbayan on Friday ready to fight what could be another lengthy legal battle to overturn her graft conviction at the end of a 27-year trial after the antigraft court allowed her to post a P150,000 bail amid charges she was being given special treatment.

During a hearing on Friday of her motion for “leave of court” that she filed on Monday, former first lady Imelda Marcos was confronted by Sandiganbayan Fifth Division chair, Associate Justice Rafael Lagos, on the “contradictory” reasons she gave for her absence during the Nov. 9 promulgation.

Marcos, 89, famous for hoarding shoes, gems and valuable paintings, was found guilty in absentia of seven counts of graft and sentenced to a maximum of 77 years in prison in connection with Swiss foundations she and her husband established and used to stash more than $200 million abroad while she was serving as a government official.

Arrest ‘overtaken’ by motion

Her motion for leave of court is an option under Rule 120 of the Rules of Court for defendants who missed the promulgation of the verdict “without justifiable cause.”

It is a chance for her to justify her absence so she could get the court’s consent to move for a reconsideration, seek the deferment of her arrest and apply for bail to remain free while the conviction is not yet final.

If the court affirms its verdict, she could still appeal up to the Supreme Court. The whole process could take years.

During Friday’s hearing, Lagos said the warrant for Marcos’ arrest was “overtaken” by her motion.

Dressed in a pink-and-black suit, Marcos was constantly aided while walking. She was accompanied by her children, former Sen. Ferdinand “Bongbong” Marcos Jr. and Ilocos Norte Gov. Imee Marcos, grandsons and a number of aides.

She appeared to be in a good mood, sometimes breaking out in laughter with family members while waiting for the session to begin.

Unaware

Lagos and state prosecutors grilled Marcos on the witness stand regarding her reasons for skipping last week’s promulgation.

Lagos cited the inconsistencies between the affidavit she submitted on Thursday that said she was unaware of the scheduled promulgation and the motion filed on Monday by her lawyer, Manuel Lazaro, who explained that her doctor advised her to avoid “stressful” situations because of her “multiple organ infirmities.”

Marcos seemed to have difficulty hearing Lagos and mumbled inaudibly.

Speaking on her behalf, Lazaro said Marcos was both unaware of the notice of hearing and also was indisposed at the time.

Debunking the lawyer’s claim, Lagos, said Lazaro’s own motion did not state that Marcos was unaware of the scheduled hearing and that the reason for her absence “… was solely because she was indisposed.”

“Can you tell us now what the real reason is?” Lagos asked Marcos.

“I did not know (about the scheduled promulgation),” she replied.

“If I knew, I would have gone,” Marcos said.

She explained that her secretary was on leave and did not see the court notice, thus failing to inform her of the court hearing.

“[The notice] was placed on her desk by the cook. She (the secretary) just found out about the promulgation while watching TV,” Marcos said.

The three-term Ilocos Norte representative admitted she attended a party for her eldest daughter, Ilocos Norte Gov. Imee Marcos, on the night of the promulgaton of the verdict.

‘All guests are here’

“I only attended [the party] because it’s her birthday. She called me up begging, saying ‘all the guests are here,’” Marcos told the court.

Photos from the party that circulated online showed Marcos in the company of two former Presidents—Speaker Gloria Macapagal-Arroyo and Manila Mayor Joseph Estrada—President Duterte’s daughter and Davao City Mayor Sara Duterte, Solicitor General Jose Calida and former Senate President Juan Ponce Enrile.

The court rejected the prosecution’s motion to set a P1.2-million bail bond for Marcos and fixed it to P150,000.

Her family quickly produced the sum and they left less than an hour after the end of Friday’s hearing.

Opponents have complained about what they see as special treatment for a politically influential family that has done no jail time, despite scores of graft cases and the recovery of hundreds of millions of dollars of assets  that the courts have ruled as ill-gotten.

‘Antipoor’

Former Solicitor General Florin Hilbay said the antigraft court’s decision to grant her bail was an obvious case of “double standard” of justice.

“Clearly, it’s antipoor,” he lamented. “If you are rich, you can avoid incarceration. But if you are poor, you might spend the rest of your life in jail.”

Outside the courthouse, about 30 protesters representing groups that fought the Marcos dictatorship denounced the bail and demanded Marcos’ immediate incarceration.

About the same number rallied in support of the former first lady, who had also served as Metro Manila governor, member of the Interim National Assembly and minister of human settlements before her family was driven out of Malacañang during the 1986 Edsa People Power Revolution. —WITH A REPORT FROM MARLON RAMOS

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