GMA candidacy can hasten her downfall

Drugs. That, insiders aver, is the reason Raul Gonzalez was removed as Secretary of Justice. President Arroyo was livid with his actions on three big drug cases. First, he agreed to dismiss charges against the Alabang Boys in the wake of exposure of likely bribery to do so. Then, he sat on the case of the Balasan Boys in the midst of findings that they’re close to his protégé, the Iloilo head prosecutor. Lastly, he dropped from the complaint sheet the financier of the Naguilian, La Union, shabu lab operated by the Dagupan police chief. Apparently Gonzalez had misread how serious Arroyo was with her anti-narcotics drive.

Had she known, Arroyo might have gone wild over a fourth case. It resurfaced from Gonzalez’s odder actions just before relinquishing office.

Gonzalez’s transfer as presidential chief legal counsel should have taken effect June 4. But, sources say, he asked successor Solicitor General Agnes Devanadera for a week’s delay, purportedly to clean out his stuff. Late Wednesday, June 10th, Department of Justice personnel frantically text-messaged their counterparts at the Office of the Solicitor General. “Di lang pala sa Pasig may (shabu) tiangge; dito sa DOJ may tiangge ng resolusyon (ng kaso),” it went, “Not only in Pasig is there a (shabu) flea market after all, at the DOJ there’s now a flea market of (case) resolutions.” Early the next day the OSG staff went to the DOJ to inspect. Shocked, they found dozens of midnight decisions, signed the week just past and ready for registered-mailing. The OSG crew stopped the dispatching of the resolutions. On review they found that some had no requisite bar code, since the coder was busted. One case had two contrary conclusions, both signed for delivery to opposing parties. Several decisions already had been sent out before the OSG detected the mess. One of the intercepted rulings was for the PCGG to return Imelda Marcos’s confiscated jewelry.

Devanadera finally assumed office on Monday the 15th. Because the S-O-S text mentioned the Pasig shabu tiangge, she reportedly called in the three plucky female prosecutors on case. Murmurs at the DOJ are that Gonzalez had wanted them to go light on indicted shabu den owner Amin Boratong, but that they refused. He had even ordered them to drop out of the prosecuting team, but they found a loophole in his memo to justify their stay. Now backed by a new chief, the trio was glad the pressuring is over. Colleagues similarly situated were happy too that the new woman at the top seems determined to bring back to the DOJ its lost glory. Devanadera had halted the PCGG from returning the Marcos jewels because of pending court cases, and ordered a review of the Naguilian drug rap.

Devanadera had a pending application to fill up one of two Supreme Court vacancies when tapped to replace Gonzalez. She’ll have to postpone that dream till the next vacancies come in succession in four months or so. Meantime, she has that short a time to re-up the DOJ’s battered morale.

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Executive Sec. Ed Ermita is twisting in the wind defending wrong. It’s a supreme act of humility on the part of President Arroyo, he babbles about her running for representative after reaching the pinnacle of power. Purportedly that way Arroyo would be able to help more indigents. Her congressman-son Mikey is twisting harder. One moment he’s feigning ignorance of his mom’s congressional bid, then the next gladly offering her his Pampanga district. All this, after ex-President Ramos crossly advised Arroyo to stop titillating the public about her secret political plans via Con-Ass. Commonsensical, Arroyo can help more people not by representing a little district but by stepping down in 2010 to do global charity work. But she needs to stay in power to avoid indictment for graft and death squads.

Two legal issues are being bandied about. Arroyo allies exult that no law bars a President from running for lower office, or requires her to resign to do so. Critics counter that she can still be charged with plunder and mass murder since congressional immunity covers only offenses with less than six years’ sentence.

Law Dean Amado Valdez presents a third legal item. Upon filing candidacy, he reminds, Arroyo will place herself under the Election Code. Stripped of presidential immunity, she can be charged for any violation of poll rules. Immunity is indivisible. She cannot lose immunity from election suits but remain immune from other cases. In short, once she becomes open to poll raps, she’s open also to others, say, about appointing subs or signing treaties. So in the seven months from candidacy filing to last day of tenure, a much-indicted Arroyo would be unable to govern. Such inability, like Erap Estrada’s “constructive resignation,” could hasten her power demise.

What’s Arroyo’s option? She should at the very least go on leave till her term ends, Valdez says, than risk removal on grounds of voluntary renunciation and disability.”

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