MANILA, Philippines - Commission on Elections (Comelec) commissioner Grace Padaca yesterday entered a not guilty plea before the Sandiganbayan Third Division in connection with the graft and malversation charges filed against her.
Padaca finally appeared and was arraigned in court after filing a motion for reconsideration on the arrest order issued against her.
The Third Division issued last Monday a warrant of arrest for Padaca after she failed to attend her arraignment in court that was set on Thursday last week.
Padaca also posted another P70,000 bail after the anti-graft court forfeited the P70,000 bail she earlier posted.
The court eventually lifted the arrest order against the Comelec commissioner that was issued on Monday.
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, when she was governor of Isabela.
Her co-accused are provincial legal officer Johnas Lamonera, former vice mayor Servando Soriano of Roxas, Isabela and EDWINLFI manager Dionisio Pine.
The magistrates even grilled Padaca’s lawyers for not allowing their client to appear last Oct. 17.
Presiding Justice Amparo Cabotaje-Tang said, “You did not even ask the court or make a manifestation to inquire as to why the Third Division scheduled the accused’s arraignment. You just appeared without her.â€
Defense lawyer George Aquino said that since he and other defense counsels saw in Padaca’s case record that she was earlier arraigned at the Fifth Division, they advised the poll commissioner not to attend anymore even if the case was later transferred to the Third Division.
“This is not the Fifth Division. Whatever the Fifth Division did does not bind the Third Division,†said Associate Justice Samuel Martires.
Padaca’s counsels admitted before the court that Padaca wanted to be in Sandiganbayan but the lawyers prevented her.
Martires reminded the defense that since the Supreme Court did not issue any temporary restraining order on the case, the trial would proceed.
In May 2012, the Sandiganbayan issued its first warrant after finding probable cause against Padaca.
The commissioner had earlier posted bail of P40,000 for malversation and P30,000 for graft. She admitted the P70,000 she used for her first bail bond came from President Aquino.
Padaca said she was not evading the process of law when she did not show up during her arraignment on graft and malversation charges last Thursday before the Sandiganbayan.
In a text message to The STAR, Padaca noted that she did not attend the proceeding on the advice of her lawyer.
“My lawyers did not ask me to attend the hearing last Thursday set for my arraignment because I have already been arraigned last year,†she added.
According to Padaca, she also did not show up because her lawyer “just received a copy of the Sandiganbayan’s resolution denying my motion to dismiss†the case. – Rhodina Villanueva, Sheila Crisostomo, Raymund Catindig