Ombudsman lawyers agree with Padaca’s impeach claim, but...

MANILA, Philippines - Apart from being erroneous and presumptive, Ombudsman lawyers described yesterday as premature Commission on Elections (Comelec) Commissioner Grace Padaca’s latest legal argument that she cannot be tried for graft because she is now an impeachable official.

Government lawyers said they agree with the former Isabela governor’s claim that she may only be removed from her current position through impeachment.

“However, we are still at the initial stage of hearing her case,” Assistant Special Prosecutor III Faye Singson, spokesperson of the Office of the Special Prosecutor (OSP), told The STAR.

“To try and prosecute her for an offense she allegedly committed while she was governor is different from removing her from office as a Comelec Commissioner because under our Constitution, she is presumed to be innocent unless proven guilty,” Singson explained.

She noted that the OSP, the prosecuting arm of the Office of the Ombudsman, does not want to preempt the Sandiganbayan in appreciating the facts and evidence in the graft and malversation case filed against Padaca.

“So until such time that a decision has been reached, it is still very much premature to say that she will be convicted and removed from office. After all, the prosecution’s duty is not to convict, but to see that justice is done,” she added.

Padaca on Tuesday filed a motion asking the anti-graft court to junk the P25-million graft and malversation cases filed against her by the Ombudsman in July last year.

She claimed that since President Aquino appointed her Comelec commissioner last month, she could not be tried for crimes that impose penalties like perpetual disqualification from public office.

Padaca noted that if she is convicted, she would be removed from her current post, which she said is against the Constitution, adding she can only lose her position through impeachment.

She claimed that “proceeding with the cases with the penalty imposable will be an impractical and futile exercise,” which is why she sought the dismissal or suspension of the criminal charges filed against her until after an impeachment process is initiated and completed.

Sources from the Sandiganbayan and OSP who requested anonymity had frowned at President Aquino’s decision of paying Padaca’s P70,000 bail supposedly because he believes in her innocence.

They said such act, coupled with the pronouncement that Padaca is not guilty of the charges, is tantamount to telling the court to acquit the respondent, or at the very least, influence magistrates’ decision.