Clavel asks court to defer arrest warrant

CEBU, Philippines - Following the issuance of the warrant of arrest against them, former congresswoman Clavel Asas-Martinez and former Bogo municipal treasurer Rhett Minguez filed a motion to suspend its implementation.

Aside from that, Clavel, wife of Bogo City Mayor Celestino “Junie” Martinez Jr.,  also asked the anti-graft court to dismiss the case and to allow her to post bail.

In her omnibus motion, Clavel through her counsel asked the Sandiganbayan Second Division to suspend the implementation of the warrant of arrest and to defer proceedings of the case because of the unresolved issue on the regularity in the disbursement of Priority Development Assistance Fund (PDAF) or pork barrel.

“Thus the issuance of the warrant of arrest in these cases was premature as there remains a material issue that needs to be addressed as recommended on the Report dated 17 July 2006,” the motion read.

The said report recommended the Commission on Audit (COA) to subject her pork barrel funds to regular audit.  But Clavel said that until now, no COA report has been made so the issue on the disbursement of her PDAF funds has not been made final.

She said her only participation was limited to identifying the beneficiary of her PDAF. She added that after the release of her PDAF to the Girl Scouts of the Philippines-Cebu Council through the Municipality of Bogo, the funds were no longer under her control.

“On what procedure the GSP-Cebu Council adopted in the disbursement of the fund, accused was no longer a participant thereof as it was an internal matter of the association which is beyond her knowledge and information,” she stressed.

With that, she said, the case filed against her has no basis at all.

Clavel also asked the court that she be allowed to post bail for malversation although this is non-bailable in nature.

For his part, Minguez filed an omnibus motion to refer the case for reinvestigation and allow him to file a motion for reconsideration with prayer to temporarily recall warrant of arrest.

The motion is set to be heard today at around 1:30 p.m. before the Sandiganbayan Second Division.

The case stemmed from the alleged misuse of Clavel’s PDAF in 2003.

The Office of the Ombudsman indicted them for violation of Section 3(e) of Republic Act 3019 or the Anti-graft and Corrupt Practices Act and malversation of public funds. This was for the alleged P10 million-allocation to the GSP supposedly for an anti-drug illegal campaign but was reportedly deposited in Clavel’s personal bank account instead.

Other named respondents were Clavel’s son, former Bogo City Mayor Celestino “Tining” Martinez III, Clavel’s daughter and former Girl Scouts of the Philippines treasurer Ma. Cielo Martinez, municipal accountant Cresencio Verdida, bookkeeper Rhodariza Kilantang and GSP Cebu Council cashier Julieta Quiño. — /JPM (FREEMAN)