Comelec opposes GMA bid to post bail

MANILA, Philippines - The Commission on Elections (Comelec) opposed yesterday the motion to post bail filed by detained former President and now Pampanga Rep. Gloria Macapagal-Arroyo for her temporary liberty pending the trial of the electoral sabotage case filed against her at the Pasay City court.

Lead Prosecutor Esmeralda Ladra told Judge Jesus Mupas of Pasay Regional Trial Court (RTC) Branch 112 during yesterday’s hearing that the prosecution have strong evidence and witnesses to prove conspiracy in the case filed against the former president and her co-accused former Maguindanao Gov. Andal Ampatuan Sr. and former election officer Lintang Bedol.

The government prosecutor asked the court for enough time so that they could present their witnesses and evidence to back up their opposition.

Arroyo’s lawyer Benjamin Santos argued before the court that under the Constitution every accused has the right to post bail and the former president is invoking this right.

Arroyo is currently detained at the Veterans Memorial Medical Center (VMMC) in Quezon City where she is undergoing therapy for her bone ailment.

Santos said every accused, even those facing capital offenses that carry the penalty of life imprisonment, have the right to bail if there is no strong evidence of guilt.

He said the right to bail for every accused is enshrined in the 1987 Constitution particularly in the bill of rights. In the rules of criminal procedure this translates to right for temporary liberty of an accused if there is no strong evidence of guilt.

Santos said there is no strong evidence that will link the former president to alleged tampering of votes during the May 2007 midterm elections in Maguindanao.

Ladra asked the court to schedule another hearing so that they could present their witnesses that will prove there is strong evidence of guilt for the denial of the bail.

Judge Mupas asked Ladra how many witnesses they will present and she said they cannot yet determine the actual number because they will attempt to prove conspiracy among the accused.

The motion to fix bail was the first legal move by the camp of Arroyo after she pleaded not guilty to electoral sabotage last week.

Mupas has set a weekly hearing on the motion for bail on March 15, 22 and 29.

The pretrial of the case was set on April 19.