MANILA, Philippines - Although granted bail by the Court of Appeals, former President Gloria Macapagal-Arroyo will remain in detention because she is still facing another non-bailable offense.
The Department of Justice (DOJ) may also elevate to the Supreme Court (SC) its opposition to the bail granted to Arroyo, now a Pampanga congresswoman, in the electoral sabotage case filed against her before the Pasay City regional trial court.
Prosecutor General Claro Arellano said the panel of prosecutors handling the case would meet next week to decide on their next move after the CA recently affirmed its ruling upholding the bail grant on Arroyo.
A petition with the SC would seek reversal of the CA ruling, he explained.
In a two-page resolution last month, the CA denied the DOJ’s motion for reconsideration on its earlier ruling affirming a decision of the Pasay City RTC Branch 112 allowing Arroyo to post bail.
RTC Judge Jesus Mupas allowed the former president to post bail after prosecutors failed to present strong evidence against Arroyo.
Through Associate Justices Elihu Ybañez, the CA said there was no new argument raised by the DOJ to convince the court to reverse its earlier ruling.
“We have carefully reviewed the arguments raised in the said motion for reconsideration and find the same to be mere reiteration of matters previously considered and found to be without merit in the decision subject of this recourse. We thus see no compelling reason to modify, reverse or set aside our previous decision,” the resolution read.
“For these reasons, the instant motion for reconsideration is hereby denied,” it added.
While Arroyo was granted bail in the poll fraud case, she remains under hospital arrest after the Sandiganbayan junked her bail petition in the separate plunder case involving the Philippine Charity Sweepstakes Office.
Raul Lambino, former counsel and spokesman for Arroyo, said the CA’s decision to grant bail for the former president was expected.
Lambino clarified he is no longer the spokesman of the Arroyo family but agreed to comment on the case as it happened when he was part of the legal team during the bail hearings.
He said the only witness presented during the bail hearing was the late Norie Unas, the former provincial administrator of Maguindanao who claimed overhearing the former President ordering the cheating.
Aside from Unas, no other witness was presented to directly link Arroyo to the alleged cheating.
Lambino explained the appellate court usually upholds the ruling of the lower court in bail petition, since the lower court determines the strength or weakness of the evidence. –Perseus Echeminada