Procedures stall GMA release

MANILA, Philippines – Two days after the Supreme Court (SC) ordered her release, former president Gloria Macapagal-Arroyo is still detained.

SC spokesman Theodore Te explained the release order would not be immediately implemented, stressing administrative procedures must be followed.

He said SC rulings are not disseminated upon promulgation by the justices in their regular session every Tuesday.

This means the release of the ruling on Arroyo “depends on how quickly all 15 justices sign the decision.”

“The main decision still has to be finalized by the winning ponente (author) before it is circulated among the justices for signature, where they write if they concur, dissent or took no part. Once the signatures are completed, the decision will then be submitted to the Chief Justice for final signature and certification,” Te said.

The SC on Tuesday junked the remaining plunder case against Arroyo in the P366-million Philippine Charity Sweepstakes Office (PCSO) fund anomaly for insufficiency of evidence and ordered her immediate release.

The SC ruling was announced by Te, reading from a portion of the decision that stated the order to release Arroyo from detention was “immediately executory.”

Arroyo, elected as representative of the second congressional district of Pampanga, has been detained at the Veterans Memorial Medical Center (VMMC) since October 2012.

Te stressed the release order should include the separate opinions, both concurring and dissenting, of the justices.

In Arroyo’s case, there are five opinions being finalized.

The main decision was penned by Associate Justice Lucas Bersamin. Associate Justices Arturo Brion and Estela Perlas-Bernabe have submitted separate concurring opinions, while Chief Justice Ma. Lourdes Sereno and Associate Justice Marvic Leonen have separate dissenting opinions.

In previous high-profile cases, the high court usually released the decision and opinions two to three days after promulgation.

Sources revealed Leonen has yet to submit his dissenting opinion as of yesterday afternoon.

Upon completion of signatures and all opinions, the Chief Justice would then certify the ruling and forward it to the office of the Clerk of Court, who will then issue a notice of resolution for the release of the ruling.

“All five opinions – one main opinion and four separate opinions – will be released together and it will be served to all the parties, including the Sandiganbayan and the lawyers of the petitioners,” Te further explained.

He gave assurance the decision was “on its way to being released.”

Te said the official copy of the ruling would be served at the Sandiganbayan, which will then implement the release order.

Te, however, has not responded to insinuations that Sereno deliberately delayed the release of the ruling despite an agreement to release only the notice of resolution with the dispositive portion so as to immediately allow Arroyo to walk.

Respect the ruling

When asked if the Office of the Ombudsman could still file an appeal on the ruling, Te said only a motion for reconsideration is allowed under the rules.

Te pointed out the release order, which stated it was “immediately executory,” might not be covered by the motion for reconsideration.

“Because it will take effect by the express terms of the order immediately,” he said.

Te said the appeal could only tackle the substantive merits of the case, including the findings of the SC that the ombudsman prosecutors presented insufficient evidence that led to the granting of Arroyo’s demurrer to evidence. 

Apart from Arroyo, the high court also granted relief to her co-accused, former PCSO assistant general manager Benigno Aguas, by also granting his petition for demurrer to evidence and ordering his release from the custodial center of the Philippine National Police in Camp Crame.

Parañaque Rep. Gus Tambunting said questions over the SC ruling should be put to rest.

“While others may debate this finding, we must acknowledge that in thus speaking, the SC has written the final chapter to this story,” Tambunting said.

“Part of our journey to political maturity is the ability to accept and support lawful actions of our institutions. And no matter if it may grind slowly, the wheels of justice in our country still turn.”  

Arroyo’s prime critic, Lingayen-Dagupan Archbishop Emeritus Oscar Cruz, supported her acquittal in the case.

Cruz, who consistently criticized Arroyo during her presidency, said the SC was “fair and just” in ordering the release of the former president.

“The court has not found the evidence to convict her. Whether in truth or in fact she’s guilty or not, I don’t know. But there’s no sufficient evidence for her to remain in the Veterans hospital,” he said.

Former president and now Manila Mayor Joseph Estrada said he was elated by the SC order to release Arroyo from detention.

“I am happy that she will be free soon, that she was proven without guilt,” he said.

Estrada, who was then found guilty of plunder and pardoned by Arroyo after seven years in detention, said the former president’s detention at Veterans hospital for almost five years seems “political in intent.”

Arroyo’s cabalens and supporters also hailed the SC decision.

Pampanga Gov. Lilia Pineda said the acquittal of the former president is a welcome development.

“We would like to thank God that finally she will be freed. Her freedom could help a lot in the continuing development of Pampanga,” Pineda said.

Supporters trooped to the VMMC to greet Arroyo.

Quezon City Police District chief Director Guillermo Lorenzo Eleazar, in charge of security at the hospital, said Arroyo is continuously receiving well wishers.

He said the Arroyo camp was just waiting for the release documents. – With Robertzon Ramirez, Ric Sapnu, Ghio Ong, Delon Porcalla