Ex-Sandiganbayan justice: Order arrest now or dismiss 'pork' cases
MANILA, Philippines — A retired Sandiganbayan justice is puzzled why the anti-graft court issued hold departure orders (HDO) against the three senators accused of plunder ahead of the issuance of warrants of arrest.
Former Sandiganbayan Associate Justice Rodolfo Palattao, who handled the plunder case against former President Joseph Estrada, said that the travel ban is usually issued accompanying an arrest warrant.
In the case of senators Juan Ponce Enrile, Jose "Jinggoy" Estrada and Ramon "Bong" Revilla, Jr. linked to the pork barrel scam, however, the three Sandiganbayan divisions strayed from the norm.
"What happens now is we are all waiting. The public is waiting for the issuance of a warrant of arrest, which I think the Sandiganbayan should already issue at this stage, or as you suggest if they could not find probable cause, then dismiss the case," Palattao said in an interview on ANC's Primetime Wednesday night.
He said that the precedence of HDOs released earlier this week suggests that the magistrates already have sufficient information to determine probable cause, enough for an arrest to be ordered.
While determining probable cause is the task of the Office of the Ombudsman, the court has to review allegations all over again and decide whether they are backed by enough evidence and testimonies to proceed to trial or dismiss the case altogether.
The magistrates are given 10 days to review the case and issue the warrant. But for Palattao, the 10-day review period has technically lapsed when the HDOs were issued.
"The first thing that the court should do is to issue a warrant of arrest in order to acquire jurisdiction over the person of the accused," Palattao said.
"As a matter of fact the accused can never go to court and file a pleading unless the court acquires jurisdiction over his person," he added, referring to the various motions of the respondents.
Palattao explained that Sandiganbayan judges may choose to inform the offices of the accused lawmakers of the arrest orders so they could peacefully surrender to authorities.
Plunder respondents may appeal to be allowed to post bail when they have been taken into custody for plunder, a non-bailable offense, he explained.
The veteran magistrate also urged the public to trust the Sandiganbayan to impartially decide on the cases and "do the right thing."
"I have been a [Regional Trial Court] judge and I agree that people will try to bribe their way. But the Sandiganbayan is known for its integrity and its independence and we can assure the people that whatever is in that office, it will be resolved," Palattao said.
The Office of the Ombudsman charged the three senators along with their aides and supposed cohorts in government agencies before the Sandiganbayan on June 6. The cases were raffled off to three divisions on June 13.
Enrile, Estrada, Revilla and businesswoman Janet Lim Napoles are accused of pocketing billions of congressional Priority Development Assistance Funds through a scheme involving dummy organizations and implementing government agencies.
Director Benjamin Magalong, chief of the Philippine National Police (PNP) Criminal Investigation and Detection Group (CIDG), said that the senators have committed to turn themselves in when warrants are issued.
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