Imelda Marcos posts P300,000 bail

MANILA, Philippines — Ilocos Norte Rep. Imelda Marcos yesterday posted the P300,000 bail required by the Sandiganbayan for her provisional liberty while she appeals her conviction on seven counts of graft in connection with the Swiss bank accounts where she supposedly funnelled public funds.

Marcos’ lawyer, Kristopher Sy, posted the bail plus P4,700 in legal fees before the anti-graft court’s Fifth Division.

The amount was on top of the P150,000 bail posted by Marcos last month following the forfeiture of the original bail she posted in 1991.

The court ordered the forfeiture of Marcos’ bail after she failed to attend the promulgation of the decision of her cases on Nov. 9.

Last week, the Sandiganbayan allowed Marcos to file post-conviction remedies.  

Sy also re-filed on Marcos’ behalf a notice of appeal informing the anti-graft court that she intends to appeal her conviction before the Supreme Court (SC).

“With due respect, the accused submits that her conviction is contrary to the facts, law and jurisprudence,” the appeal read.

The camp of Marcos asked the Sandiganbayan to forward the records of the case to the SC for further proceedings.

On Nov. 26, Marcos’ lawyer filed the notice of appeal.

But the Fifth Division said the move was “premature” as it has yet to make a ruling at the time on whether to allow the former first lady to avail herself of post-conviction remedies.

Under Section 6, Rule 120 of the Rules of Court, an accused who fails to attend the promulgation of the case, without justifiable cause will “lose the remedies available in these rules against the judgment and the court will order his or her arrest.”

The same provision, however, states that the accused may still be allowed to file post-conviction remedies, including application for bail provided that he or she can justify the absence during the promulgation of the decision.

In a resolution issued on Nov. 28, the Fifth Division allowed Marcos to avail herself of post-conviction remedies either by filing a motion for reconsideration on the Nov. 9 decision of the Sandiganbayan or a notice of appeal informing the court that she would elevate the case to the SC.

The Sandiganbayan said ombudsman prosecutors failed to present any valid circumstance that would justify why Marcos should be denied her right to file petitions for bail and post-conviction remedies.

The Fifth Division also cited the SC’s decision in August 2015, which allowed former senator Juan Ponce Enrile to post bail for his plunder case in connection with the pork barrel fund scam on the grounds of “advanced age and health reasons.”

Filed by the Office of the Ombudsman in December 1991, the cases against Marcos stemmed from the creation of seven private foundations in Switzerland when she was minister of Human Settlements and Metro Manila governor from 1976 to 1986, and member of the Interim Batasang Pambansa from 1978 to 1984.

The ombudsman said Marcos and her husband, the late strongman Ferdinand Marcos Sr., put up the foundations to allegedly funnel around $200 million in government funds illegally amassed during martial law.