SC dismisses GMA appeal

MANILA, Philippines - The joint investigation of the Commission on Elections (Comelec) and Department of Justice (DOJ) that resulted in the indictment of former President Gloria Macapagal-Arroyo for electoral sabotage is legal, the Supreme Court (SC) has ruled.

SC spokesman Theodore Te said the justices voted 13-2 in session to deny the motion for reconsideration of Arroyo for lack of merit and affirmed their ruling last September.

The SC dismissed Arroyo’s petition questioning the constitutionality of the joint Comelec-DOJ investigation and seeking to stop her indictment at the Pasay City regional trial court (RTC) for electoral sabotage.

The petition was already moot since the case was already on trial, the SC added.

The SC dismissed the argument of  Arroyo’s lawyers that the preliminary investigation had violated the independence of the Comelec, which was placed under a panel that Prosecutor General Claro Arellano had chaired.

A majority of justices believed that the DOJ was deputized the Comelec, which had control and supervision over the preliminary investigation.

Arroyo’s lawyer Benjamin Santos told The STAR he has yet to read the SC decision.

Arroyo’s trial at Pasay City RTC Branch 112 will resume on Thursday, at which time the Comelec will present Susan Cabanban, the government’s second witness against Arroyo..

Comelec lawyer Charlie Yap said at least 50 witnesses are lined up against Arroyo.

The prosecution has already presented 15 witness during the bail hearings and their testimonies will be adopted, he added.

Judge Jesus Mupas has also set hearings on Aug. 15, and Sept. 19 and 20.

Meanwhile, Arroyo asked the Sandiganbayan yesterday to grant her bail since no evidence has been shown that she had committed the crime of plunder in her alleged involvement in the misuse of Philippine Charity Sweepstakes Office (PCSO) funds.

In a motion through lawyer Anacleto Diaz, Arroyo said she is not a flight risk and that her age, health condition, and stature as a public figure must be considered for humanitarian reasons.  – With Perseus Echeminada, Michael Punongbayan