Padaca denies trying to evade graft charges

WASHINGTON – Commission on Elections (Comelec) Commissioner Grace Padaca dismissed allegations she is trying to evade graft and malversation charges against her and called for a quick resolution from the Supreme Court (SC)on her petition for certiorari.

Padaca, in Washington at the invitation of the International Foundation for Electoral Systems to witness the Nov.6 US presidential election, described as unfortunate the public perception that she is using her current position as a defense against the charges filed against her.

“They say I’m arrogant, that I’m trying to put myself above the law. That is not me, I’m not like that,” she said almost in tears in an interview with The STAR.

Padaca filed a petition for certiorari before the high court challenging charges against her by the Office of the Ombudsman in connection with her involvement in the grant of a P25-million rice program contract without public bidding to a private firm in 2006 when she was governor of Isabela.

She said the Ombudsman did not even wait for a ruling on her motion for reconsideration before submitting the case to the Sandiganbayan.

Padaca said it was in fact Comelec Chairman Sixto Brillantes, at a full meeting of the election body, who first opined that as a member of a constitutional body like the Comelec, she could be removed from office only by impeachment, not for crimes that impose such penalties as disqualification from public office.

Brillantes, she said, recalled similar cases in the past to prove his point. 

Her lawyers, after extensive research, reached the same conclusion and decided the strategy was an option, one of several, they could use for her defense.

Asked if she was prepared to drop this option as a defense strategy, she said it was her lawyers who had the say in the matter and “they want to keep all their options on the table.” 

“As for me, my case is strong even without that option. I am innocent. I have nothing to hide and welcome a public airing of the charges against me so people will know I am clean. But I have to follow the advise of my lawyers who are the experts,” she said.

Padaca said it was her lawyer’s contention that in the unlikely event the Sandiganbayan ruled against her and decided to remove her from office, it could not do so because only the House of Representatives could impeach a Comelec commissioner.

She expressed optimism the graft charges against her will not prosper because there are tons of receipts from farmers accounting for every cent spent in the project.

Referring to the P25-million hybrid rice project, she said a memorandum of agreement was signed with a non-government organization to implement the program.

It was not a contract for goods and services requiring a bidding.