What happens next? Will 3 senators, co-respondents be arrested?

MUCH-AWAITED. Ombudsman spokesperson Asryman Rafanan presents the Ombudsman’s resolution on the PDAF scam during the press conference on Tuesday. The three senators and their co-respondents have five days from receipt of the Office of the Ombudsman Joint Resolutions to appeal the decision by filing their respective motions for reconsideration. MARIANNE BERMUDEZ

MANILA, Philippines—The three senators and their co-respondents have five days from receipt of the Office of the Ombudsman Joint Resolutions to appeal the decision by filing their respective motions for reconsideration.

The information for plunder and graft will be filed in the antigraft court Sandiganbayan once the Ombudsman rules on the individual motions for reconsideration with finality, or by making the determination of probable cause final.

Once docketed, the Sandiganbayan will raffle the cases to determine which of the five divisions will handle the cases.

Once a division receives the information, a warrant of arrest will be issued to the accused. Arraignment will follow.

Plunder is punishable by reclusion perpetua or life imprisonment, and forfeiture of the ill-gotten wealth in favor of the government. While plunder is nonbailable, an accused may be allowed to post bail once filing a petition if the evidence against him is weak.

Graft or corrupt practices are punishable by imprisonment of not less than six years and one month, and not more than 15 years, perpetual disqualification from public office and confiscation or forfeiture in favor of the state of any prohibited interest and unexplained wealth.

Bail is allowed in graft.

In every step of the judicial process, an accused may seek relief or remedies to challenge/quash the information or stop his arraignment, or cite violations of his right to due process by the Ombudsman.

Justice Secretary Leila de Lima said she respected and lauded the decision of the Ombudsman.

Major first step

“It puts focus again on the legal side of this narrative after emotions ran high during the (Senate) blue ribbon hearings. This is the first step, a major one, toward making those involved accountable for their plunder and misuse of the people’s money,” De Lima said.—With a report from Christine O. Avendaño

 

 

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