Pasay court sets hearing on GMA's bail plea on Monday

MANILA, Philippines - The oral arguments of former President Gloria Macapagal-Arroyo and former election chairman Benjamin Abalos on separate charges of electoral sabotage have been set next Monday by the Pasay City regional trial court (RTC).

Felda Domingo, Pasay City RTC Branch 112 legal researcher, told The STAR Judge Jesus Mupas Jr. would first hear the pending motions of Abalos for recall of warrant of arrest and for house arrest, and the show cause order covering Abalos and his lawyers.

In explaining why he should not be cited in contempt, Abalos said that he was just recalling his conversation with the alleged emissary when he expressed his disgust.

“Accused respectfully submit that there is nothing contemptuous in his motion for inhibition because there was no misbehavior in the presence of judge or so near a court to obstruct or interrupt the proceedings,” he said.

Abalos said he did not disrespect the court when he stated that an alleged emissary of Mupas approached him for money in exchange for favorable action.

The court will then tackle the motions of Arroyo.

Lawyer Jose Flaminiano, lead defense counsel of Arroyo, told The STAR they have not yet received any notice from the court on the status of their motions for house arrest and recall of arrest warrant.

Mupas denied the motions of Arroyo to spend Christmas at her residence in Quezon City and the use of cell phones and laptop while under detention at the Veterans Medical Memorial Center (VMMC) in Quezon City.

“Besides, this would avoid possible unnecessary security problems and complaints of residents of La Vista as they would be subjected to security restriction should congresswoman Arroyo stay at La Vista,” he said.

However, Mupas allowed Arroyo’s immediate family members, children and grandchildren to stay with her at the VMMC from noon of Dec. 24 until noon of Dec. 25 and from noon of Dec. 31, 2011 until noon of Jan. 2, 2012.

On the use of cell phones and computers, the court, quoting a Supreme Court decision, said all prisoners under preventive detention or serving final sentence cannot practice their profession or engage in any business or occupation nor hold office, elective or appointive.

“The confinement of Cong. Arroyo has constitutional foundation when its purpose is for the administration of justice, which cannot be countenanced, otherwise it would be an injury to our penal system,” the court said.

However, Mupas granted the motions for use of radio and television and an hour of sunshine and to attend masses at the chapel within the VMMC.

The court also allowed the lawyers of Arroyo to bring their laptops and cellphones inside the VMMC.