Sandigan forfeits Imelda's bail due to 'unjustified' absence during case judgment
'Let a warrant be issued'
MANILA, Philippines — The Sandiganbayan has ruled the bail bonds of Rep. Imelda Marcos (Ilocos Norte) to be forfeited due to the “unjustified” absence of her and her lawyer at the graft case’s promulgation of judgment.
In the one-page order dated November 9 but released to media on Tuesday, November 13, the anti-graft court’s Fifth Division ruled that “the absence of the accused and her counsel appears to be unjustified.”
Marcos is given 30 days from Friday to expound “why no judgment on the bonds should be issued.”
The Sandiganbayan also ordered that a warrant of arrest be issued against her.
Marcos, on the night of the Sandiganbayan promulgation, was seen attending the birthday celebration of her daughter, Ilocos Norte Gov. Imee Marcos.
The Sandiganbayan last Friday convicted Marcos, in open court, on seven counts of graft committed during the regime of her husband, the late dictator Ferdinand Marcos.
Warrant of arrest
While the anti-graft court had ordered that an arrest warrant be issued against Marcos, the Philippine National Police has yet to act on the order as it still awaits the release of a court-issued warrant.
PNP chief Oscar Albayalde, in press conference on Monday, said the police would consider the “age and health” of Marcos in arresting her.
Non-appearance
A party is allowed to file a motion for reconsideration on a ruling, but Under Rule 120 of the Rules of Court: “If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these rules against the judgment and the court shall order his arrest.”
Sandiganbayan records show that Marcos’ camp filed for a Motion for Leave of Court to Avail of Post Conviction Remedies on Monday.
A Motion for Leave of Court is a pleading asking the court to deviate from an established rule or procedure of court.
Marcos’ camp earlier said that they would file for a motion for reconsideration.
Related video:
The Sandiganbayan 5th Division finds former first lady and current Ilocos Norte Rep. Imelda Marcos guilty of seven counts of graft for using her Cabinet position to maintain Swiss bank accounts during the Marcos regime.
She is sentenced to imprisonment of six years and one month to 11 years for each count with perpetual disqualification from public office.
The decision came nearly three decades since it was filed in 1991 by the Office of the Ombudsman.
The Sandiganbayan has granted the request of Ilocos Norte Rep. Imelda Marcos to post bail and file post-conviction remedies, which include elevating her graft conviction to the Supreme Court.
The Sandiganbayan anti-graft court rules it is premature of Rep. Imelda Marcos (Ilocos Norte), former first lady of the Philippines, to appeal her graft conviction before the Supreme Court.
JUST IN | The Sandiganbayan rules as “premature” the appeal of Ilocos Norte Rep. Imelda Marcos seeking the reversal of her graft conviction before the Supreme Court. (via @PhilippineStar / Michael Punongbayan) pic.twitter.com/06HABMzhW7
— ONE News PH (@onenewsph) November 27, 2018
Earlier Tuesday, Rep. Marcos had filed a notice of appeal at the Sandiganbayan Fifth Division asking it to forwards the records of her case to the Supreme Court.
This, despite her pending motion before the court for leave to avail of post-conviction remedies.
Imelda Marcos and her children Imee and Bongbong refuse to answer media queries on the Sandiganbayan's finding that they benefited from the money traced in the private Swiss foundations used to funnel ill-gotten wealth.
Mrs. Marcos and her children Imee and Bongbong refused to answer media queries on the Sandiganbayan's finding that they benefitted from the money traced in the private Swiss foundations @PhilippineStar pic.twitter.com/OX7NYqUC1j
— Elizabeth T. Marcelo (@marcelo_beth) November 16, 2018
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Associate Justice Lagos also grilled Imelda Marcos over the sudden change of her reasons for failing to attend the promulgation. Marcos initially claimed that she failed to attend the proceeding because she was "indisposed" due to "multiple organ infirmities."
In a sworn affidavit submitted to the court yesterday, however, Mrs. Marcos claimed that she failed to attend the promulgation as she was not aware of it. — Elizabeth Marcelo
Imelda Marcos was confronted by Sandiganbayan 5th Division chairman Associate Justice Lagos about attending her daughter Imee's birthday party on the night after she was convicted. She said Imee was "crying and begging" her to attend the party. — Elizabeth Marcelo
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