Sandiganbayan grants Gloria Arroyo four-day Christmas furlough

By ELIZABETH MARCELO, GMA News

Published December 22, 2014 10:19am

(Updated 3:02 p.m.) Christmas would be merry for former President and incumbent Pampanga Rep. Gloria Macapagal-Arroyo as the Sandiganbayan's First Division allowed her to leave her detention for four days during the holidays.

In a three-page ruling, the court allowed Mrs. Arroyo to leave detention from December 23 to 26 "in the Spirit of the Yuletide season and for compassionate and humanitarian considerations."

"Wherefore, the subject motion of accused-movant is partially granted and accused-movant is allowed to celebrate Christmas with her family...at her residence at No. 14 Badjao Street, La Vista, Quezon City," the ruling penned by First Division acting chairman Associate Justice Rodolfo Ponferrada said.

The ruling was concurred in by First Division members Associate Justice Alex Quiroz and member Associate Justice Rafael Lagos.

The camp of the former Philippine leader welcomed the development.

"We thank the Sandiganbayan for allowing former President and now Pampanga Representative Gloria Macapagal-Arroyo to spend time and be with her family this Christmas. Indeed the mercy and compassion of Pope Francis permeates this season of love, felicity and giving," Mrs. Arroyo's legal counsel Larry Gadon said in a text message.

Another lawyer for the former President, Ferdinand Topacio, said: "We are grateful to the court for showing compassion and partially granting furlough on humanitarian grounds. The court's decision is wholly consistent with justice. We must emphasize, if only to put things in context, that former President Arroyo continues to enjoy the presumption of innocence as there is no judgment to date finding her guilty of any crime. This will be a time for healing and prayer and thanksgiving and hope for the former President and her family."

Court resolution

In a resolution, the anti-graft court allowed the furlough from 10 a.m. of Tuesday, Dec. 23, to 2 p.m. of Friday, Dec. 26, radio dzBB's Rodil Vega reported.

FLASH: CGMA, pinayagan ng Sandiganbayan na makapagdiwang ng Pasko sa kanilang tahanan sa Dec. 23 hanggang Dec. 26. | via @Rodveg72

— DZBB Super Radyo (@dzbb) December 22, 2014

No media interviews are allowed, it added.

In its ruling, the court did not grant Mrs. Arroyo's original pleading to be allowed to leave detention for 12 days.

In a motion filed on December 1, the former Philippine leader asked the court to be allowed to stay in her home in La Vista Subdivision in Quezon City from December 23, 2014 to January 3, 2015 to celebrate Christmas and New Year with her family and relatives.

At the hearing of Mrs. Arroyo's motion, lawyer Modesto Ticman Jr. cited the former President's frail health condition as well as the recent demise of her one-year-old grandson Jorge Alonzo "Jugo" Arroyo Bernas, the only child of Mrs. Arroyo's daughter Luli Arroyo-Bernas, as the compelling reasons for the court to grant his client a Christmas and New Year furlough.

In its ruling, the court said that aside from the spirit of Christmas, the First Division is also "inclined to grant the motion" in light of the forthcoming visit of Pope Francis, who, the court said, "is the personification of mercy and compassion."

"My concurrence is based only on humanitarian and compassionate grounds," Lagos said in a hand-written short note beside his signature on the ruling.

Lagos has dissented the Christmas furloughs filed by Mrs. Arroyo in the past two years.

This was the first time that the anti-graft court granted Mrs. Arroyos' plea for a Christmas furlough.

Mrs. Arroyo is currently under hospital arrest at the Veterans Memorial Medical Center (VMMC) in Quezon City for a plunder case in connection with the alleged misuse of P366 million in Philippine Charity Sweepstakes Office (PCSO) intelligence funds during her term as President.

Ticman, who picked up the copy of the resolution, said that despite the denial of their original motion for a 12-day furlough, the court's ruling would "definitely" make Mrs. Arroyo happy.

"I think the favorable decision is more than enough to make the former President happy," Ticman said. "Perhaps that would somehow assuage the sad feelings of the former President for the loss of her grandson Jugo knowing that her other grandchildren would be with her during the Christmas season."

Reminders

The First Division, however, reminded Mrs. Arroyo that she shall not go to any other place except her La Vista residence without the approval of the court.

The court said the former Philippine leader will only be allowed to leave the VMMC at 10 a.m. on Dec. 23 and shall be transported back from her La Vista residence to the hospital at 2 p.m. on Dec. 26.

The court ordered the Philippine National Police (PNP), in coordination with the Sandiganbayan Sheriffs, to provide escorts and other measures to secure Mrs. Arroyo's movements.

The court also reminded the Arroyo camp that the use of any means of communications and electronic devices such as cellphones and Internet by Mrs. Arroyo and those who will accompany her "shall be under the control and supervision of the detailed PNP security.”

"All expenses in connection with this furlough including those to be incurred by the PNP for personal escorts and security measures in the implementation of this resolution shall be shouldered and paid by accused-movant," the court said as the final condition. — with Joel Locsin and Mark Merueñas/RSJ/TJD, GMA News

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