Ex-gov files 5 motions vs extradition

Arrested former Quezon governor Eduardo Rodriguez and his wife have filed five different motions in a Manila court in a single day to fight off extradition to the United States, using the same arguments that allowed another US fugitive, Congressman Mark Jimenez, to remain out of jail.

In their motions to dismiss, for bail, confinement in a hospital, habeas corpus, and special re-raffle, the couple claimed that the case against them was faulty, that they have a right to bail, that Mrs. Rodriguez is sick, and that the warrant of arrest was violative of their rights. The petitioners also said that the judge who issued their warrant, Honorato Vicencio, is no longer around, hence, the request for the case’s re-raffle.

The arguments raised by the lawyer of the Rodriguez couple –Eduardo and Imelda – are the same grounds raised by Manila 6th district Rep. Mark Jimenez, including his successful bail petition before another Manila Regional Trial Court judge. Jimenez was allowed to post a bail of P1 million, a decision that has been questioned before the Supreme Court by the Department of Justice (DOJ).

The petitions are expected to be heard by Manila RTC Branch 41 Judge Rodolfo Ponferrada, who was earlier ordered by the Supreme Court to take over the sala of Judge Vicencio. Ponferrada gave the DOJ five days to respond to the motion to dismiss and the National Bureau Investigation (NBI) 10 days on the motion for habeas corpus.

According to the petitions, the "arrest and detention is illegal since the aforesaid Warrant of Arrest is already deemed quashed or voided," citing a Court of Appeals resolution dated May 10, 2001 allegedly stating that the warrant is violative of their rights. The illness of Imelda, however, was not discosed except that she is old and has to regularly see her doctor.

Eduardo and Imelda were arrested by the NBI-Interpol in separate occasions in Makati City. The US government wants the couple turned over to them to face insurance fraud charges.

Eduardo allegedly duped a US insurance firm by declaring that his wife was dead to collect her life insurance but this was later discovered by the company to be a hoax. A US court has set bail for the Rodriguez couple at $2 million each or more than P100 million each.

In their petition for bail, Eduardo said he has no intention of fleeing and had actually intended to voluntary go to the US had it not been for the "excessive bail" and was thus reportedly advised by his lawyers not to do so.

Eduardo also raised the fact that he is a three-term former Quezon governor and that Imelda is involved in civic activities, in asking for bail, which they said is not prohibited in the Philippine-US extradition treaty.

The couple is currently being held at the NBI headquarters.