Prosecutors seek dismissal of Padaca’s motion

MANILA, Philippines - Prosecutors have asked the Sandiganbayan to dismiss a motion of elections Commissioner Grace Padaca invoking immunity from graft and malversation charges.

The Office of the Ombudsman’s Prosecution Director Omar Sagadal and Graft Investigation Officer Beda Epres said Padaca has a wrong notion that her appointment to the Commission on Elections (Comelec) had absolved her of criminal offenses committed when she was governor of Isabela.

Padaca was accused of irregularly disbursing a P25-million grant to the Economic Development for Western Isabela and Northern Luzon Foundation, Inc (EDWINLFI), a private organization.

Graft investigators said Padaca had bypassed the provincial council, which had not ratified the memorandum of agreement with EDWINLFI.

Padaca’s co-accused are provincial legal officer Johnas Lamonera, former vice mayor Servando Soriano of Roxas, Isabela and EDWINLFI manager Dionisio Pine.

In a motion last Oct. 30, Padaca’s lawyers said having been appointed to the Comelec, she is now protected under Article XI Section 2 of the Constitution, which only allows her removal from office by impeachment, an exclusive power delegated to Congress.

Prosecutors said Padaca’s stand would make appointment to an impeachable post an amnesty for past crimes.

“Protection of tenure of office is not a license to commit a crime or a forgiveness for crimes committed before taking office,” prosecutors said.

“The prosecution submits that to dismiss or suspend the case would give premium to criminality and undermine the criminal justice system.”

Prosecutors said the Commission on Appointments has yet to confirm Padaca’s appointment to the Comelec since such appointment was made ad interim or while Congress was in recess.

“...Pending confirmation of her appointment by Congress, it is premature for accused to invoke any form of immunity assuming that the immunity is proper in the first place,” prosecutors said.