Dismissal of Padaca’s graft case sought

MANILA, Philippines - Government prosecutors have asked the Sandiganbayan Fifth Division to junk the P25-million graft and malversation charges filed against Commission on Elections (Comelec) Commissioner Grace Padaca when she was Isabela governor.

In a motion, Comelec prosecutors belied a pronouncement by Ombudsman lawyers that Padaca could not claim immunity from suit over the charges against her.

The lawyers said since Padaca’s appointment has not been approved by the Commission on Appointments (CA), she is not yet immune from suit as a constitutional official who may be removed from office through impeachment.

In an interview, Comelec Chairman Sixto Brillantes however argued that Padaca could invoke such immunity even if she has not been confirmed by the CA.

 â€œIf you are appointed ad interim, you have immunity. That is decided in the case of Benipayo where the ad interim appointment of a commissioner has all the prerogative of a regular commissioner,” Brillantes said.

The poll chief was referring to the cases filed against former Comelec chairman Alfredo Benipayo and former commissioners Resurreccion Borra and Florentino Tuason who were also charged while in office.

The constitutionality of the former officials’ appointments to the Comelec was questioned in the Supreme Court by a certain Ma. Angelina Matibag.