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Tuesday, July 26, 2016

Comparative & dissenting versions of justifications on former Pres. Arroyo’s acquittal


Diametrically Opposing Statements on the Release of GMA


Senator Risa Hontiveros (one of the petitioners against Arroyo in 2011)


“It's a sad day for justice.

The case we filed is strong. In fact, it was one of the two PCSO plunder cases admitted by the Office of the Ombudsman under Conchita Carpio Morales, and subsequently filed before the Sandiganbayan. The Ombudsman also confirmed that the said funds were converted, misused, and illegally transferred.

I am shocked with the high court's ruling, but we will not lose hope. The fight for justice continues.”



Former Pres. Gloria Macapagal-Arroyo         


“Keep the faith in the justice system. “First and foremost, to God Almighty be all the glory and praise. Through His kindness and mercy, justice and righteousness have once again prevailed over injustice and wrongdoing,”[24]



Sen. Leila De Lima                                        


“While we have yet to ascertain and assess the full effect of this decision, I am 100% sure that this is demoralizing or disheartening to most of us, to say the least, as it delivers a huge blow to all our initiatives.”



Sen. Panfilo Lacson


“She has suffered enough, having spent 6 years in detention under an extremely difficult physical condition. Even for purely humanitarian consideration, I support the SC ruling to free her and accord her some comfort for the remaining years of her life which are not really that many considering her age. As I have repeatedly said, while I will never forget who they are, I have forgiven all my tormentors for the past 9 years under her administration, living or dead."



Sen. Gregorio Honasan II


The court’s decision was “a triumph of the rule of law and of due process.” 



Senator Joel Villanueva:


"It is what it is, we have to respect the rule of law. That is how our justice system works. It would be interesting for me to read the court decision first before commenting on it."




Senator Antonio Trillanes IV


“The release of GMA is one of the campaign promises of President Duterte. At least, he didn't need to do much to fulfill this one.”



Jesus Dureza


“I rejoice over this decision that has already given her what she rightly deserves which is justice.”.



Sen. Joseph Victor “JV” Ejercito, son of former President and now Manila Mayor Estrada


Supported Arroyo’s release for humanitarian reasons, although he had reservations, saying that total exoneration might convey a wrong message to the people that the former President is guiltless from a crime. The government should go on with its fight against plunder and efforts to eradicate corruption.



Senator Francis Escudero:


“I respect the decision of the Court as everyone else should, whether they agree with it or not. Respect for the rule of law demands nothing less. I don't think the statements of President Duterte have anything to do with it as I believe in the independence of the Court. I cannot comment on the prosecution given that I am not too learned about the day to day arguments both sides made before the Court.”




The Likelihood of Legal Retaliation Against the Tormentor Versus the Probability of Investigation for Another Plunder Complaint


Asked about another plunder case planned to be filed by the Office of the Ombudsman, Ferdinad Topacio, the lawyer, said it is the right of the office and commented that they hope this will not be another tool for harassment of his client.

He also stated that they are cautiously examining the option if they will file charges against Arroyo’s tormentors.

Arroyo in a press statement warned that she would go after those who had persecuted her.[25]

Asked whether Arroyo plans to file cases against former president Benigno Aquino III for alleged political persecution, Laurence Arroyo, Arroyo’s legal said not to discuss that at this time. That this is supposed to be a happy moment, full of gratitude and they're supposed to be magnanimous. It's a blessing that she has been acquitted and they would like to focus on that, he pointed out.

The Ombudsman is still investigating Arroyo on another plunder complaint concerning P57 million in PCSO intelligence funds from 2004 to 2007.

Ombudsman Conchita Carpio Morales, who prosecute Arroyo for plunder 4 years ago, said her office plans to file a motion for reconsideration before the High Court.

SC Spokesperson Theodore Te told that the defeated party may still file a motion for reconsideration but the release of Arroyo perhaps cannot be re-considered as it will take effect by the express terms of the order immediately.

Mendoza also said he doubts if Arroyo is thinking of retribution, stating that they should not talk about getting back at anybody as even the Father forgives every trespasses, as each one forgives those who trespass against them, a mandate he believes that Arroyo will obey. She is a good Christian, and unfortunately, even good Christians experience a calvary, the veteran lawyer concluded.[26]

Commentary

It’s everyone’s right to fight especially when one’s right is abused.  The monetary, psychological, emotional, integrity, relationships and many opportunities that have been compromised because of persecution are not bearable and can’t be easily coped and accepted.  If I am on her shoes and she is my mother, her reactions toward the tormentors would also be my reactions not only to leap in joy because of the release but also the gnashing of teeth perhaps because of anger for justice, which is normal.  However, if she knows for herself that she’s guilty and pardoned out humanitarian reason as others claim it, then all that she can do is to be extremely grateful of the gesture and behave humbly than commenting that she’s innocent and has nothing to do with case.   


Released Not Culpable
Versus Emancipated Pardoned


Arroyo ended her turbulent 9-year term in 2010 but was arrested the next year on an election fraud charge, for which she was allowed to post bail. Subsequently, she was accused with plunder.

The 69-year-old Arroyo is the second Philippine president to be detained for plunder but was released guiltless


In April 2001, deposed president Joseph Estrada was jailed for plunder over charges of unexplained wealth. The Sandiganbayan convicted and sentenced him to life in jail in September 2007 but his successor Arroyo pardoned him only 6 weeks after, in October 2007.



Dismay Against the Delay of Release Order Versus Protocol


Lawyer Ferdinand Topacio said that they have hung around for three days
but the release order was not yet released.

Arroyo  had to wait for two more days at the VMMC – where she had been detained since October 2012 brought by the Supreme Court’s failure to issue its decision to the Sandiganbayan before closing time on Tuesday.

Obet Martin, president of transport group Pasang Masda told ANC's Dateline Philippines said that prior to her release, the former president is a little sad that she is kept in hospital detention even after the Supreme Court’s order of immediate release of the accused.


The high tribunal’s spokesperson said once the signatures on the decision are acquired, this will be forwarded to the Chief Justice for final signature and certification. The clerk of court is then given the go signal to release the ruling.

He said, all five opinions (one main opinion and four separate opinions) will be issued at the same time which will be provided to all the parties, including the Sandiganbayan and the lawyers of the petitioners. The decision is on its way to being issued. The Sandiganbayan will order detention authorities and hospital authorities to free Arroyo after receiving a copy of release order.

Presidential Communications Secretary Martin Andanar said the docket section of the Sandiganbayan closed promptly at 4:30 p.m. Respect and abide by the high court’s decision.

Lawrence Arroyo, one of the Arroyo counsels said he would bring a copy of the Supreme Court’s order to the Sandiganbayan and the antigraft court’s sheriff would then facilitate her release. But Arroyo might have to wait another day at VMMC as the order for her release did not make it to the Sandiganbayan late on Tuesday. The docket section of the Sandiganbayan closed promptly at 4:30 p.m.


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References: 

[1] Estrella Torres, Gil C. Cabacungan, SC orders release of Arroyo, Philippine Daily Inquirer, 12:00 AM July 20th, 2016, http://newsinfo.inquirer.net/797380/sc-orders-release-of-arroyo

[2] CNN Philippines Staff, SC releases decision to dismiss plunder case vs Arroyo
Updated 16:13 PM PHT Thu, July 21, 2016, http://cnnphilippines.com/news/2016/07/21/SC-releases-decision-to-dismiss-plunder-case-vs-Arroyo.html

[3] Teresa S. Abesamis, What kind of president should we elect if we want a better Supreme Court?, http://www.bworldonline.com/content.php?section=Opinion&title=what-kind-of-president-should-we-elect-if-we-want-a-better-supreme-court&id=114523

[4] Nikko Dizon, Aquino laments Gloria Arroyo exoneration, Philippine Daily Inquirer, 01:53 AM July 22nd, 2016, http://newsinfo.inquirer.net/798073/aquino-laments-gloria-arroyo-exoneration

[5] Estrella Torres, Gil C. Cabacungan, SC orders release of Arroyo, 12:00 AM July 20th, 2016, Philippine Daily Inquirer, http://newsinfo.inquirer.net/797380/sc-orders-release-of-arroyo

[6] Nikko Dizon, Aquino laments Gloria Arroyo exoneration, Philippine Daily Inquirer, 01:53 AM July 22nd, 2016m,
http://newsinfo.inquirer.net/798073/aquino-laments-gloria-arroyo-exoneration

[7] CNN Philippines Staff, SC releases decision to dismiss plunder case vs Arroyo, Updated 16:13 PM PHT Thu, July 21, 2016, http://cnnphilippines.com/news/2016/07/21/SC-releases-decision-to-dismiss-plunder-case-vs-Arroyo.html

[8] Maricar B. Brizuela, Arroyo eagerly awaits release, Philippine Daily Inquirer, 03:18 PM July 21st, 2016, http://newsinfo.inquirer.net/797886/arroyo-eagerly-awaits-release

[9] Arroyo's euphoria dampened by delay in her release, says ally
ABS-CBN News, Posted at Jul 21 2016 07:50 PM,
http://news.abs-cbn.com/video/nation/07/21/16/korte-suprema-hindi-napatunayang-nakialam-si-arroyo-sa-pondo-ng-pcso

[10] SC acquits Gloria Arroyo of plunder, sets her free, Published 12:26 PM, July 19, 2016, Updated 10:52 AM, July 20, 2016, http://www.rappler.com/nation/140200-supreme-court-ruling-gloria-arroyo

[11] FULL TEXT: Supreme Court ruling on Gloria Arroyo's plunder case
 (philstar.com) | Updated July 21, 2016 - 4:36pm, http://www.philstar.com/headlines/2016/07/21/1605176/full-text-supreme-court-ruling-gloria-arroyos-plunder-case

[12] De Lima on SC's Arroyo ruling: Why wait for change in admin?, Published 3:40 PM, July 19, 2016, Updated 4:55 PM, July 19, 2016, http://www.rappler.com/nation/140245-leila-de-lima-reaction-supreme-court-ruling-gloria-arroyo

[13] Teresa S. Abesamis, What kind of president should we elect if we want a better Supreme Court?, http://www.bworldonline.com/content.php?section=Opinion&title=what-kind-of-president-should-we-elect-if-we-want-a-better-supreme-court&id=114523

[14] Mara Cepedad, Gloria Arroyo walks free after nearly 4 years, Published 6:24 PM, July 21, 2016, Updated 7:40 PM, July 21, 2016

[15] Estrella Torres, Gil C. Cabacungan, SC orders release of Arroyo, Philippine Daily Inquirer, 12:00 AM July 20th, 2016, http://newsinfo.inquirer.net/797380/sc-orders-release-of-arroyo

[16] FULL TEXT: Supreme Court ruling on Gloria Arroyo's plunder case
Updated July 21, 2016 - 4:36pm, http://www.philstar.com/headlines/2016/07/21/1605176/full-text-supreme-court-ruling-gloria-arroyos-plunder-case

[17] Mara Cepeda, Gloria Arroyo thanks Duterte, justices: 'Have faith in justice system', Published 3:41 PM, July 19, 2016, Updated 10:58 PM, July 19, 2016, http://www.rappler.com/nation/140250-gloria-arroyo-reaction-supreme-court-acquittal

[18] Rosette Adel, FULL TEXT: Dissenting opinions of SC justices on Arroyo case
Updated July 21, 2016 - 6:24pm, http://www.philstar.com/headlines/2016/07/21/1605181/full-text-dissenting-opinions-sc-justices-arroyo-case

[19] Rosette Adel, FULL TEXT: Dissenting opinions of SC justices on Arroyo case,http://www.philstar.com/headlines/2016/07/21/1605181/full-text-dissenting-opinions-sc-justices-arroyo-case

[20] Yen Makabenta, Arroyo’s and Corona’s ordeal: It was always about Hacienda Luisita, May 30, 2014 9:49 pm, http://www.manilatimes.net/arroyos-and-coronas-ordeal-it-was-always-about-hacienda-luisita/100454/

[21] De Lima on SC's Arroyo ruling: Why wait for change in admin?, Published 3:40 PM, July 19, 2016, Updated 4:55 PM, July 19, 2016, http://www.rappler.com/nation/140245-leila-de-lima-reaction-supreme-court-ruling-gloria-arroyo

[22] Mara Cepeda, Gloria Arroyo walks free after nearly 4 years, Published 6:24 PM, July 21, 2016, Updated 7:40 PM, July 21, 2016

[23] SC acquits Gloria Arroyo of plunder, sets her free, Published 12:26 PM, July 19, 2016, Updated 10:52 AM, July 20, 2016, http://www.rappler.com/nation/140200-supreme-court-ruling-gloria-arroyo

[24] Mara Cepeda, Gloria Arroyo thanks Duterte, justices: 'Have faith in justice system', Published 3:41 PM, July 19, 2016, Updated 10:58 PM, July 19, 2016, http://www.rappler.com/nation/140250-gloria-arroyo-reaction-supreme-court-acquittal

[25] Estrella Torres, Gil C. Cabacungan, SC orders release of Arroyo, Philippine Daily Inquirer, 12:00 AM July 20th, 2016, http://newsinfo.inquirer.net/797380/sc-orders-release-of-arroyo

[26] Mara Cepeda, Gloria Arroyo thanks Duterte, justices: 'Have faith in justice system', Published 3:41 PM, July 19, 2016
Updated 10:58 PM, July 19, 2016, http://www.rappler.com/nation/140250-gloria-arroyo-reaction-supreme-court-acquittal


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