PCGG Commissioner Ruben Carranza Jr. said yesterday "due process had not been observed" when the anti-graft court allowed Mrs. Marcos to seek alternative Oriental treatment in Hong Kong and China from July 4 to Aug. 4.
"There’s due process that should have been followed. In the first place, motions like this require a three-day notice but this was not observed," he said.
The Sandiganbayan granted Mrs. Marcos’ urgent motion to travel abroad, with the former First Lady assuring the court that she would return after 30 days.
Mrs. Marcos pleaded to seek medical remedies for a number of ailments including hypertensive heart disease, diabetes mellitus, glaucoma and unstable blood pressure.
She is facing a string of graft charges in the Sandiganbayan. As a policy, the criminal cases filed by the PCGG are handled by the Office of the Ombudsman, while the civil cases are pursued by Office of the Solicitor General.
Carranza complained that while Mrs. Marcos’ motion was filed on June 24, the Sandiganbayan immediately ruled on it the following day, disregarding the PCGG’s right to the three-day notice.
A PCGG source said the hearing last Wednesday was originally set at 2 p.m. but was moved, resulting in the failure of the government prosecutor to attend the hearing.
"We don’t know who did it. The original time was just (superimposed) by handwriting," the source added.
The source claimed another prosecutor from the Office of the Ombudsman was made to appear in behalf of the PCGG but was asked to waive the agency’s right to comment on the motion.
Carranza also complained that the Sandiganbayan granted Mrs. Marcos’ request even if the medical certificate which she submitted was a mere "faxed photocopy."