Corruption

Friday, November 18, 2011

TRO on watch order list on Arroyos reversed, contrary to SC spokesman’s announcement

Contrary to the announcement of Supreme Court Spokesman Midas Marquez that the High Court voted 8-5 reiterating the temporary restraining order on the Watch List Order of Justice Secretary Leila de Lima issued on former President Gloria Arroyo and her husband, a highly reliable source said the tribunal, voting 7-6, actually declared its Nov. 15 TRO inoperative following the failure of the Arroyo camp to comply with all the conditions set by the court.
The seven who voted that the TRO is inoperative were  Senior Justice Antonio Carpio, Associate Justices Maria Lourdes Sereno, Bienvenido Reyes, Estela Perlas-Bernabe, Jose Mendoza, Martin Villarama and Roberto Abad.
The six who stood firm on the TRO were Chief Justice Renato Corona, Presbitero Velasco Jr., Arturo Brion, Diosdado Peralta, Lucas Bersamin and Jose Perez.
The source said the Arroyos did not comply with the second condition requiring the former First Couple to appoint a legal representative to receive subpoenas, orders and other legal processes on their behalf while they are abroad.
The two other conditions were a bond of P2 million each and a requirement that they report to Philippine consulates in the countries they will visit. The legal counsels of the Arroyos also have to coordinate their travels.
The Department of Justice last month placed Arroyo, her husband and about 40 others accused of electoral sabotage in the 2007 elections on the watch list. Their suspected involvement in the poll fraud in North Cotabato, South Cotabato, and Maguindanao is being investigated by a joint panel of the Commmission on Elections and DOJ.

Philippines charges Arroyo with election fraud

MANILA, Philippines (AP) — Authorities charged former Philippine President Gloria Macapagal Arroyo with electoral fraud Friday as part of a high-profile tug of war to keep her in the country and prevent any chance of her turning fugitive.
Arroyo denies wrongdoing, and says she does not intend to flee justice but wants to go abroad for necessary medical treatment for a bone ailment.
In a legal victory for Arroyo, the Supreme Court upheld her right to travel, at least temporarily, until a lower court delivers a new ruling on whether she can leave the country now that formal charges have been filed.
The Supreme Court decision could set the stage for a possible second airport showdown this week, with Arroyo's aides saying she could board a plane out of Manila later Friday and the government adamant to stop her.
In a drama that has galvanized the Philippines, Arroyo tried to leave the country Tuesday with her husband, saying she needed the expertise of foreign medical facilities. But she was stopped at the Manila airport by authorities who said she was still under investigation, and that she might become a fugitive.
The election fraud charges, which carry a penalty of 40 years imprisonment, were filed Friday by the Commission on Election at the Pasay Regional Trial Court in Manila.
Judge Jesus Mupas will now decide whether to issue an arrest warrant, said Elections Commission Chairman Sixto Brillantes. He said he also asked for a court order barring Arroyo's travel.
Arroyo has denied any wrongdoing, and her legal spokesman Raul Lambino said Friday the case against her has been fabricated.
"This is a high form of injustice," Lambino said.
Arroyo lawyer Ferdinand Topacio deplored the "indecent haste" and criticized what he said was the government's "emerging pattern of persecution."
The Supreme Court last week granted Arroyo a temporary clearance to travel, but the government still refused to let her go, with Justice Secretary Leila de Lima saying she may be seeking political asylum abroad.
In the fast-moving legal drama, the Supreme Court on Friday rejected the government's travel ban on Arroyo that was issued before the formal charges were filed. Court spokesman Midas Marquez said that Arroyo and her husband were free to leave until another court rules otherwise.
The charges stem from allegations that Arroyo conspired with officials to tamper with results of 2007 congressional polls to favor her candidates.
Now that charges have been filed, Arroyo likely faces arrest, Sen. Francis Escudero said.
Arroyo was recovering in the hospital since her failed attempt to leave the country Tuesday, and it was doubtful she would be immediately hauled to jail even if the arrest warrant was issued.
After stepping down last year, Arroyo, 64, was elected to the House of Representatives and immediately faced at least half a dozen complaints, also alleging she diverted state funds for her campaign effort and benefited from foreign contracts.
The Justice Department is still investigating the other complaints.
Her successor and staunch critic, President Benigno Aquino III, was overwhelmingly elected on promises to rid the Philippines of corruption and has said he wants to start with Arroyo.
Arroyo would be the second Philippine president to face trial, after her predecessor, Joseph Estrada, was toppled in a 2001 military-backed revolt on corruption charges and sentenced to life. He was later pardoned by Arroyo.

TRO on watch order list on Arroyos reversed, contrary to SC spokesman’s announcement

Contrary to the announcement of Supreme Court Spokesman Midas Marquez that the High Court voted 8-5 reiterating the temporary restraining order on the Watch List Order of Justice Secretary Leila de Lima issued on former President Gloria Arroyo and her husband, a highly reliable source said the tribunal, voting 7-6, actually declared its Nov. 15 TRO inoperative following the failure of the Arroyo camp to comply with all the conditions set by the court.
The seven who voted that the TRO is inoperative were  Senior Justice Antonio Carpio, Associate Justices Maria Lourdes Sereno, Bienvenido Reyes, Estela Perlas-Bernabe, Jose Mendoza, Martin Villarama and Roberto Abad.
The six who stood firm on the TRO were Chief Justice Renato Corona, Presbitero Velasco Jr., Arturo Brion, Diosdado Peralta, Lucas Bersamin and Jose Perez.
The source said the Arroyos did not comply with the second condition requiring the former First Couple to appoint a legal representative to receive subpoenas, orders and other legal processes on their behalf while they are abroad.
The two other conditions were a bond of P2 million each and a requirement that they report to Philippine consulates in the countries they will visit. The legal counsels of the Arroyos also have to coordinate their travels.
The Department of Justice last month placed Arroyo, her husband and about 40 others accused of electoral sabotage in the 2007 elections on the watch list. Their suspected involvement in the poll fraud in North Cotabato, South Cotabato, and Maguindanao is being investigated by a joint panel of the Commmission on Elections and DOJ.

Supreme Court: Implement TRO on Arroyos

 The Supreme Court (SC) on Friday maintained its decision in issuing a temporary restraining order (TRO)  against the watchlist order on the Arroyo couple.

At the same time, SC has ordered Department of Justice Leila de Lima to explain why she did not heed the TRO issued by the high court Tuesday.

High court spokesman Midas Marquez said SC has denied the solicitor general's motion for reconsideration on the TRO, effectively allowing former president Gloria Macapagal-Arroyo and her husband, Jose Miguel to leave the country.

"I'm calling on executive officials, the court has already, in effect, reiterated its TRO. I hope this TRO will be respected and complied with," Marquez said.

SC also asks lawyer Ferdinand Topacio to submit supplemental compliance showing his authority to receive court summons.

Malacanang however is firm that Arroyo still can't fly because the Arroyo camp has not complied with SC's order to Topacio, and that the formal resolution has yet to arrive at the Palace.

"We are waiting for the formal resolution, we cannot rely on an announcement from a court administrator," said Presidential spokesman Edwin Lacierda.

Lacierda noted that Malacanang also wishes Arroyo well on her health but any hurried attempt to leave the country will only worsen her condition.

"May we request the former president to remain in the hospital," he added.
Marquez noted that SC also dismissed a motion to move the oral arguments, and the original schedule stays.
He added that the electoral sabotage case filed by the Commission on Election before the Pasay RTC is altogether a different case.

Contempt vs. De Lima

Marquez said De Lima should explain herself within the "non-extendable" period of 10 days on her refusal to acknowledge the TRO.

It was De Lima who ordered the Bureau of Immigration not to allow the Arroyos to fly to Singapore Wednesday.

"DoJ Sec. Leila de Lima is directed to show cause and comply within non-extendable period of 10 days why she should not be held in contempt of court," Marquez said.

He said De Lima should also explain her "disrespect to Supreme Court."

If proven guilty, De Lima may face a fine of not more than P30,000 or an imprisonment of a maximum of six months, or both.

Arroyo departure

On Thursday, the Arroyos dropped their plans to fly to Singapore to seek medical treatment due to health problems. Reports say the couple are flying out Friday night.

Lawyer Raul Lambino said in a separate television interview that Arroyo is now taking dozens of tablets a day.

"She's taking up more than 25 tablets everyday, some injectables. You can see the kind of situation she's now in, sana ay matignan kung ano talaga ang mabuti para sa kaniyang kalusugan," he said.

Ram’s text messages reveal money dispute

Ram  Revilla’s  text messages further boosted speculations that money dispute is the main motive behind his murder last Oct. 28.

A report from TV Patrol said that a forensic exam conducted by the Criminal Investigation and Detection Group (CIDG) showed that Ram exchanged messages with his 20-year-old sister Maria Ragelyn Gail two days before he was murdered.

Ram was asking for his allowance.

His text message read, “Bigay niyo naman ang allowance ko sobra naman kayo. Sinira niyo na nga ako kay daddy tas ganyan pa. Sobra na naman yan Ga.”

Lower allowance

Gail replied that their father, Ramon Revilla Sr., reduced  their allowance to P150,000 because he was angry at their mother, Genelyn Magsaysay.

"Kaya naman binawasan ni Daddy yung allowance kasi galit na galit kay Mommy. Dapat sakto talaga yung allowance. 200k dapat allowance niyo pa rin pero dahil sa galit ni Daddy kay Mommy, ginawa niya 150k," Gail’s text message read.

Ram replied and asked her not to ruin his reputation with their dad. “Salamat. Please lang wag naman sana manira kay daddy. Pati yung sobrang past na sinakal kita pati 'yun ginamit para magalit si daddy sakin,” Ram’s text  message said.

He also wants to settle differences among his siblings and mentioned that he texted Ramona, one of the suspects in the murder case.

"Malaki na tayo, magkaayos na dapat. Hindi maganda puro away. Nag-text ako kay Mara (Maria Ramona) kanina na sana maayos na lahat at magkabati-bati na tayo," his text message  went on.

Gail also mentioned in her text message that their mother failed to pay their electric bill even though she already received the money to settle the account.

"Nagbigay ako kay Mommy nung money for Meralco before. Siya yung hindi nakabayad," Gail said in her text message.

How it started
A day before he was murdered, Ram sent a text message that said the rift in the family  started  when his younger brother, Ramon  Joseph or RJ (a suspect in the murder case) sold his car at a price  below its market.

Ramgen texted, "Alam ko san nag-umpisa ito, sa Strada ni Joseph. Wag na kayo mag maang-maangan pa. Sinabi ko kasi sobra mura ng benta."

The ParaƱaque City Police said they will submit the transcript of the text messages to the court. The CIDG used a cellular phone forensic machine to extract the text messages from Ram’s phone.

“Kung anuman po ang evaluation ng ating prosecutors na hahawak ng kaso, ibibigay po natin ang decision na iyon sa kanya,” Senior Superintendent Billy Beltran said.

Ram’s text messages reveal money dispute

Ram  Revilla’s  text messages further boosted speculations that money dispute is the main motive behind his murder last Oct. 28.

A report from TV Patrol said that a forensic exam conducted by the Criminal Investigation and Detection Group (CIDG) showed that Ram exchanged messages with his 20-year-old sister Maria Ragelyn Gail two days before he was murdered.

Ram was asking for his allowance.

His text message read, “Bigay niyo naman ang allowance ko sobra naman kayo. Sinira niyo na nga ako kay daddy tas ganyan pa. Sobra na naman yan Ga.”

Lower allowance

Gail replied that their father, Ramon Revilla Sr., reduced  their allowance to P150,000 because he was angry at their mother, Genelyn Magsaysay.

"Kaya naman binawasan ni Daddy yung allowance kasi galit na galit kay Mommy. Dapat sakto talaga yung allowance. 200k dapat allowance niyo pa rin pero dahil sa galit ni Daddy kay Mommy, ginawa niya 150k," Gail’s text message read.

Ram replied and asked her not to ruin his reputation with their dad. “Salamat. Please lang wag naman sana manira kay daddy. Pati yung sobrang past na sinakal kita pati 'yun ginamit para magalit si daddy sakin,” Ram’s text  message said.

He also wants to settle differences among his siblings and mentioned that he texted Ramona, one of the suspects in the murder case.

"Malaki na tayo, magkaayos na dapat. Hindi maganda puro away. Nag-text ako kay Mara (Maria Ramona) kanina na sana maayos na lahat at magkabati-bati na tayo," his text message  went on.

Gail also mentioned in her text message that their mother failed to pay their electric bill even though she already received the money to settle the account.

"Nagbigay ako kay Mommy nung money for Meralco before. Siya yung hindi nakabayad," Gail said in her text message.

How it started
A day before he was murdered, Ram sent a text message that said the rift in the family  started  when his younger brother, Ramon  Joseph or RJ (a suspect in the murder case) sold his car at a price  below its market.

Ramgen texted, "Alam ko san nag-umpisa ito, sa Strada ni Joseph. Wag na kayo mag maang-maangan pa. Sinabi ko kasi sobra mura ng benta."

The ParaƱaque City Police said they will submit the transcript of the text messages to the court. The CIDG used a cellular phone forensic machine to extract the text messages from Ram’s phone.

“Kung anuman po ang evaluation ng ating prosecutors na hahawak ng kaso, ibibigay po natin ang decision na iyon sa kanya,” Senior Superintendent Billy Beltran said.

Arroyo now under 'hospital arrest' -- authorities

Authorities finally served the warrant of arrest against former president and now Pampanga Representative Gloria Macapagal-Arroyo after a local court found probable cause for electoral sabotage charges.

She is now under the custody of the Southern Police District, according to Sr. Superintendent James Bucayo.

Police said Arroyo looked rested when the warrant of arrest was read to her.

"She's now under hospital arrest," added CIDG-National Capital Region chief Senior Superintendent Joel Coronel.

The warrant was served at around 6:30 P.M. in the presence of the former First Family, lawyers and former Cabinet members, Coronel added.

Arrest warrants were also served to Andal Sr. and former election officer Lintang Bedol.

Bucayo said Arroyo will be "booked" Saturday. Arroyo just woke up when they arrived at St. Lukes Medical Center in Taguig City. "She was expecting the warrant," he said.

The clerk of court of Pasay Regional Trial Court Branch 112 said presiding judge Jesus Mupas found probable cause that the ailing Arroyo, along with former Commission on Elections officials, may be liable for poll rigging.    
Apart from Arroyo, an arrest warrant is also out against former Maguindanao Governor Andal Ampatuan Sr.and former Comelec election supervisor Lintang Bedol.
National Capital Region Police Office (NCRPO) Chief Superintendent Alan Purisima and the Taguig City Police chief Tomas Apolinario arrived at the St. Lukes Medical Center to serve the warrant of arrest.
Meanwhile, the Arroyo has filed a motion to block the arrest, arguing the regional court has no jurisdiction over the case but should be under the Sandiganbayan.
The accused may be detained either in NBI detention center or Camp Crame. But with Arroyo's condition, a hospital arrest may be likely. Electoral sabotage is non-bailable.
The warrant came hours after Comelec filed the case.
In a press conference, de Lima said this compels Arroyo to stay in the country.
"Mrs. Arroyo is compelled to stay in the country, and face the charges of electoral sabotage filed against her, bringing us closer to uncovering the truth behind the controversies surrounding the 2007 elections," she said in a press conference.
"Rest assured that throughout the judicial process, the government will exercise fairness and impartiality, and will uphold every right that Mrs. Arroyo, as an accused, is entitled to under the constitution," she added.
Earlier in the day, Comelec has signed a resolution seeking to file electoral sabotage charges against former President, now Pampanga Representative Gloria Macapagal-Arroyo.
"COMELEC en banc has signed a resolution calling for the filing of a case for electoral sabotage against former president GMA," James Jimenez, Comelec spokesman said earlier in the day.
Jimenez said commissioners voted 5-2. Two other commissioners abstained from voting.
Former First Gentleman Jose Miguel "Mike" Arroyo is not included in the charge sheet due to insufficient evidence.
Responding to critics of the charge's "timing," Jimenez said Comelec's decision was not necessarily to coincide with Arroyo's plan to leave for Singapore.
"Sinusunod lang po namin yung tamang proseso," Jimenez added in a television interview.
Based on Republic Act No. 6646, electoral sabotage constitutes altering of votes during an election, tampering numbers on "large scale or in substantial numbers."
It is punishable by life imprisonment.
The Comelec vote came ahead of the Supreme Court's en banc session on the government's motion for reconsideration on an earlier issued temporary restraining order against the watchlist order on Arroyo and her husband Jose Miguel.
This development might again prevent the ailing Arroyo from leaving the country.