MANILA, Philippines - Presiding Justice Amparo Cabotaje-Tang believes a Court of Appeals (CA) ruling upholding the granting of bail to former President Gloria Macapagal-Arroyo in the electoral sabotage charge before the Pasay City regional trial court is not binding on the Sandiganbayan, which is hearing the plunder case against her.
Speaking to The STAR, Tang yesterday said only the Supreme Court (SC) can review and reverse Sandiganbayan decisions.
The CA and the anti-graft court are considered tertiary courts, she added.
Tang said the electoral sabotage case in the Pasay City court and plunder case before the Sandiganbayan have no effect on each other.
“The CA is essentially an appellate court with general jurisdiction, while the Sandiganbayan is essentially a trial court with special and appellate jurisdiction,” she said.
In a decision last week, the CA upheld the grant of bail to Arroyo, who is also facing a separate plunder case before the Sandiganbayan for alleged involvement in the misuse of Philippine Charity Sweepstakes Office (PCSO) funds.
Arroyo is also asking the anti-graft court to grant her bail.
Defense lawyers have also filed a demurrer to evidence before the Sandiganbayan First Division for the dismissal of the plunder charge against her.
In a demurrer to evidence, the accused need not present evidence in court on the ground that the prosecution has failed to prove its case.
GMA’s house arrest
In a text message to The STAR, Secretary Leila de Lima said the Department of Justice (DOJ) will not oppose calls to place Arroyo under house arrest.
“We will leave it (decision) to the discretion of the courts,” she said. – With Edu Punay