Filing of poll sabotage case vs Arroyo ‘illegal’
Wednesday, November 30, 2011
THE lawyer of Gloria Arroyo argued Tuesday that the filing of election sabotage case against the former President is illegal because the body hearing the case is unconstitutional.
Arroyo’s counsel Benjamin Santos said during Tuesday’s oral arguments at the Supreme Court that the resulting actions of the joint Department of Justice (DOJ) and Commission on Elections (Comelec) panel, as well as the subsequent filing of criminal charges against Arroyo before the Pasay Regional Trial Court (RTC) are likewise invalid, including her arrest, in gross violation of the former President’s rights.
The DOJ-Comelec panel has been conducting preliminary investigation on alleged manipulation of votes supposedly masterminded by Arroyo in 2007.
Santos also claimed that Resolution 9299, referring to the indictment of Arroyo, “opened wide the door, not just a mere aperture, for an incursion into the domain of independence of the Comelec.”
He said the Comelec had been “too accommodating in surrendering its superiority” by agreeing to be a mere adjunct of the prosecution arm of the executive branch.
The lawyer said the poll body became an “instrument of oppression” through the failure of its chairman Sixto Brillantes to inhibit from the case.
Brillantes was the lawyer for 2004 presidential contender Fernando Poe Jr. who, in various media interviews, attested to alleged massive cheating in the presidential polls.
Santos also told the justices that there was apparent haste in the filing of the case against Arroyo at the Pasay RTC in a bid to arrest her planned travel abroad to seek medical treatment for her hypoparathyroidism and metabolic bone mineral disorder.
“The speed of the joint investigation is rather unusual. Speed is not a measure of justice,” he said.
Santos said the former President was not given ample opportunity to answer the poll fraud charges when the joint panel immediately denied their motion seeking more time to submit counter-affidavit.
He noted that only after two hearings, the joint DOJ-Comelec concluded the preliminary investigation last November 14 and approved the filing of case in court against Arroyo, who is now a Pampanga representative, two days after.
Thus, the joint panel’s proceedings cannot be considered impartial and fair since it “acted as law enforcers, who conducted the criminal investigation, gathered evidence, and thereafter ordered the filing of the complaints, and, at the same time, authorized preliminary investigation based on the complaints they caused to be filed.”
Former Elections chair Benjamin Abalos’ lawyer Brigido Dulay also argued Tuesday that the joint preliminary investigation has violated the equal protection clause in section 1 of the Bill of Rights in the Constitution since it singles out certain persons and incidents only involving the 2004 and 2007 polls.
He said the DOJ and Comelec have concurrent jurisdiction on investigation of poll fraud charges under Republic Act (RA) 9369, so there was really no need for a joint probe.
He said the creation of the panel was in line with the “scheme” of the Aquino a ministration to persecute officials of the Arroyo administration.
“Even before the panel was created, there was already a tailor-fit move to take in these witnesses and use their testimonies to file a case against petitioner for electoral sabotage,” he said.
He cited previous pronouncements of Justice Secretary Leila de Lima and Brillantes that would prove the panel had already prejudged the case.
“The public pronouncement by executive officials, the DOJ head, and the Commission on Elections negates the possibility that the joint committee will be fair and impartial to the petitioner,” he said.
The Supreme Court then required Dulay to submit news clippings stating the supposed pronouncements of the two government officials.
Chief Justice Renato Corona ordered the continuation of the oral arguments on Thursday, with the Office of the Solicitor General defending the legality of the DOJ-Comelec panel.
Afterwards, the SC is set to rule on the prayer of petitioners for issuance of a temporary restraining order that could effectively suspend the arrest of Arroyo. (JCV/Sunnex)
http://www.sunstar.com.ph/manila/local-news/2011/11/30/filing-poll-sabotage-case-vs-arroyo-illegal-193169
Good restaurants in Pampanga offer facilities for private dining and business meetings. This makes these restaurants in Clark Pampanga convenient for tourists as well as business travelers. This is one of the best restaurants in Pampanga that serve good steaks as well as excellent seafood. Yats Restaurant and wine bar is one of the reasons why Manila residents travel to Pampanga to wine and dine in the good restaurants outside Manila. The wine selection of this restaurant is already well known as one of the best in the Philippines.
Food and Wine Lovers of Manila, Tarlac, Subic, Pampanga Angeles City and Clark Philippines gather at the best restaurant in Clark Pampanga to wine and dine on B Y O B night during which guests are invited to bring their own bottle of wine and no corkage is charged. Some guests opt to buy wine at the famous wine shop in Pampanga, Clark Wine Center to bring to dinner at this fine dining Restaurant in Angeles City, Clark Pampanga.
Yats Restaurant is an excellent Restaurant to dine, a restaurant with good food, a good place to have birthday party and special events. A Kid-friendly restaurants in Manila
Famous Restaurant in Pampanga, a place to dine with friends in Clark, cozy restaurant with a nice ambience, a nice function place for special occasions
Looking for a party venue in town?
Clearwater Resort and Country Club is one of the ideal venues for birthday party because it is a risk free venue. Not only Birthday Parties but also a good place to enjoy family reunion. A good place to celebrate special occasions. Clearwater Resort and Country Club is one of the resorts in Subic Clark Angeles City Pampanga or near Manila with activity amenities, place that are nice for celebration. It is one of North Luzon Philippines’ top hotels that is trouble free, risk free, and a nice place to have rest in Subic. A well-recognized and interesting hotel.
Are you looking for an attractive restaurant or a nice place to eat with friends in Clark, Angeles City Pampanga? Yats Restaurant and Wine Bar is a restaurant with good food and good wines for dinner located at Clark Angeles City Pampanga. Perfect for exclusive dinner venues for groups, recommended for private dinner in Philippines. A Restaurant in Clark for business dinner meeting. Private dinner place or dinner restaurant in Clark Subic Near Manila Angeles City Pampanga. Yats Restaurant is one of the Good Restaurant in Pampanga Angeles City Clark near Manila. Yats Restaurant is one of the good restaurants in Pampanga, a restaurant with good food, a place that is nice for celebration, ideal for business dinner meeting, a good place to enjoy family reunion, and an attractive restaurant that serves good wines for dinner.
BYOB which stands for Bring Your Own Bottle, refers to a special treat that the best restaurant in Clark Pampanga offer to their valued customers to bring their own wines when dining at this top rated restaurant. Normally corkage fee ranging from p500 to p1500 per bottle is charged but on BYOB evenings which usually take place on Saturdays at this famous restaurant near Angeles City Pampanga, corkage charges are waived. Wine and food lovers from Manila, Tarlac, Subic, Pampanga Angeles City frequently take advantage of this special offer to dine at this restaurant in Clark Pampanga which is already well known not only for its award winning restaurant wine list but also its French Mediterranean cuisine that is always easy to enjoy and pair with fine vintage wine.
For comments, inquiries and reservations click on Click here for inquiry and reservations
Restaurant@Yats-International.com
(045) 599-5600
0922-870-5178
0917-520-4401
Ask for Pedro and Rechel
Getting to this fine dining restaurant of Angeles City Clark Freeport Zone Pampanga Philippines
How to get to this fine-dining restaurant in Clark Philippines? Once you get to Clark Freeport, go straight until you hit Mimosa. After you enter Mimosa, stay on the left on Mimosa Drive, go past the Holiday Inn and Yats Restaurant (green top, independent 1-storey structure) is on your left. Just past the Yats Restaurant is the London Pub.
Yats Restaurant & Wine Bar
Mimosa Drive past Holiday Inn, Mimosa Leisure Estate,
Clark Freeport Zone, Pampanga, Philippines 2023
Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 Rea or Chay
For any assistance in planning and organizing a wedding ceremony, indoor or outdoor garden reception or to find other wedding service providers, Click here to contact us click here
For assistance in hotel and resort bookings in Clark, Pampanga, Philippines, log on to
http://www.HotelClarkPhilippines.com
To buy wine in Manila, Pampanga, Angeles City, Clark or Subic please log on to http://www. ClarkWineCenter.com
To inquire with the highly recommended beach resort hotel in Clark Pampanga visit http://www.ClearwaterPhililippines.com
For more information about Clark, Pampanga, Philippines log on to
http://www.ClarkPhilippines.com
