MANILA, Philippines (Update 2, 10:06 a.m.) — Sandiganbayan allowed Rep. Imelda Marcos (Ilocos Norte) to post bail and avail of legal remedies after the anti-graft court convicted her on seven counts of graft.
News5 reported that the Sandiganbayan’s Fifth Division has allowed Marcos to avail of post-conviction remedies, including the filing of a motion for reconsideration or a notice of appeal. The court put a cash bond of P300,000 for her case, the report added.
DEVELOPING STORY | Pinayagan si Ilocos Norte Rep. Imelda Marcos ng Sandiganbayan 5th Division na magpiyansa para sa pansamantalang kalayaan kaugnay ng kaso niyang 7 counts ng graft. | via @zony_corazon pic.twitter.com/dLwCiGgAov
— News5 AKSYON (@News5AKSYON) November 30, 2018
On November 9, the anti-graft court found Marcos guilty of graft and sentenced her to a maximum of 11 years in prison for each graft case. She was charged with making seven bank transfers totaling $200 million to Swiss foundations during her term as Metro Manila governor.
Marcos did not appear on the date of the promulgation of the case.
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.”
While the court ordered her arrest, a warrant was not immediately issued to law enforcement agencies. It deferred her arrest pending Marcos’ filing of motion to leave of court, saying that she was too ill to attend the promulgation.
A motion to leave for court is a pleading asking the court to deviate from an established rule or procedure of court.
READ: Imelda Marcos’ lawyer told to explain absences
The court held a hearing on November 16 on Marcos’ motion. During the hearing, however, the former first lady said that she was not aware of the date. This reasoning ran counter to what she cited on her filed motion.
Marcos was also allowed to post P150,000 as bail.
“Inconsistencies in her reason may have surfaced, ie. whether she was sick or she simply didn’t know, but Ms. Marcos clarified that ‘the real reason, Your Honor, was because I did not know, I did not really know, God knows that I did not know,” the court, as quoted in the News5 report, said in its resolution.
The court also noted Marcos’ statement where she said that she would have come to the promulgation even if she was sick.
“Such statements invite leniency on the part of the Court, considering that in the process, Ms. Marcos surrendered and place herself within the reach and arm of the law,” the Sandiganbayan also said.
Supreme Court for relief?
Last Tuesday, Marcos filed a notice of appeal informing the anti-graft court that she intends to seek relief from the Supreme Court.
The wife of the late strongman Ferdinand Marcos Sr. asked the Sandiganbayan to forward the records of her case to the high court “for further proceedings.”
But the Sandiganbayan held that Marcos’ pleading was filed “premature,” as the court has yet to resolve her motion for leave.
The Supreme Court has earlier voted to allow the burial of the late dictator at the Libingan ng mga Bayani. — Kristine Joy Patag