MANILA, Philippines - The Sandiganbayan has denied a motion of election commissioner Grace Padaca seeking to dismiss the graft and malversation charges filed against her.
The anti-graft court said Padaca could not use her immunity as an appointed official of the Commission on Elections, as she was holding a different position in government when the cases were filed against her.
“It would require stretching and bending of the law to use her appointment as a cause to dismiss or suspend the ongoing court proceedings,†the court said.
To sustain Padaca’s motion undermines the independence and judicial authority of the court and violates the principle of separation of powers, it added
In October last year, the Sandiganbayan dismissed an earlier motion filed by Padaca.
The case stemmed from Padaca’s alleged irregular disbursement of a P25-million grant to the Economic Development for Western Isabela and Northern Luzon Foundation, Inc., a non-government organization, when she was governor of Isabela in 2006
President Aquino had paid Padaca’s bail amounting to P70,000 when the court issued a warrant for her arrest.