Arrest warrants issued vs Gloria Arroyo, two others

(Updated 6:46 p.m.) A Pasay City regional trial court on Friday afternoon issued arrest warrants against former President Gloria Arroyo and two others hours after the Commission on Elections filed an electoral sabotage case against them. According to a report on GMA News TV's Quick Response Team (QRT), arrest warrants were also issued against former Maguindanao Gov. Andal Ampatuan Sr. and former Maguindanao election supervisor Lintang Bedol. The case is being handled by Judge Jesus Mupas of the regional trial court's Branch 112. The Arroyo camp on Friday said the Sandiganbayan has jurisdiction over Mrs. Arroyo’s case and, thus, the anti-graft court should have been the one to issue her arrest order. But Republic Act 9369, which amended Art. 286 of the Omnibus Election Code, vests exclusive original jurisdiction over cases of electoral sabotage on Regional Trial Courts. Moreover, RA 8249, which prescribes the Sandiganbayan's jurisdiction, does not vest in the anti-graft court jurisdiction over election offenses. Ampatuan Sr. was arrested shortly after the Maguindanao Massacre in 2009 and has been detained since. The present arrest warrant issued against him is for a different crime —electoral sabotage. As of this posting Friday night, authorities have served the arrest warrants on Ampatuan who is detained in Camp Bagong Diwa, Taguig, and on Bedol who is detained in the Philippine National Police (PNP) Custodial Center in Camp Crame, as well as that of the former President who is confined at the St. Lukes Medical Center in Taguig City. Electoral sabotage, when evidence of guilt is strong, is a non-bailable offense. The camp of Mrs. Arroyo likened to a "bullet train" the issuance of the arrest warrant against the former Philippine leader for poll fraud. Mrs. Arroyo's legal spokesman, Raul Lambino, said the issuance of the warrant was so soon and smacked of undue haste, radio dzBB's Allan Gatus reported. At a press briefing in Malacañang, Justice Secretary Leila de Lima said they would not object if Mrs. Arroyo's camp asked for a hospital arrest. De Lima said she asked President Benigno Aquino III's guidance on the matter and the latter told her to treat the former president "with utmost respect in consideration of whatever condition she has." Aquino is now in Bali, Indonesia attending the 19th ASEAN Summit. "Hindi kami mago-object sa hospital arrest pero wala sa amin yan, ang desisyon does not lie with us, the complainant, nasa korte yan. Kailangan humingi sila, I think they should get court approval," De Lima told reporters. She added that as long as Mrs. Arroyo stays in the hospital or at her home, they would not arrest her. Mrs. Arroyo remains confined at the St. Luke's Medical Center in Taguig City. Meanwhile, Supreme Court spokesman Midas Marquez acknowledged that Mrs. Arroyo can already be prevented from leaving the counrty in light of an electoral case filed with a Pasay court. "The TRO still stands but if you're going to ask if she can stil leave, then she is barred because of the warrant of arrest issued by the Pasay court," Marquez said at a press conference in Manila. Although Mrs. Arroyo is now a congresswoman representing the second district of Pampanga, she can still be arrested even when Congress is in session because under the 1987 Constitution, congressmen can be arrested for crimes punishable by imprisonment of more than six years such as electoral sabotage which is punishable by life imprisonment. — with Amita Legaspi and Mark Merueñas/LBG/MRT/RSJ/VS/HS, GMA News