Arroyo given 4-day Christmas furlough

Former President Gloria Macapagal-Arroyo. AP FILE PHOTO

MANILA, Philippines – Citing the upcoming visit of Pope Francis, the Sandiganbayan First Division has allowed former President and now Pampanga Representative Gloria Macapagal-Arroyo a four-day Christmas furlough from her hospital detention.

In a resolution released on Monday, the anti-graft court partially granted Arroyo’s request for furlough from December 23 to 26 at her residence in La Vista, Quezon City. She initially asked for a Christmas break from December 23, 2014 to January 3, 2015.

The court granted Arroyo’s furlough in the spirit of “mercy and compassion” during the Yuletide season, especially in light of the upcoming visit of Pope Francis in January 2015.

“After a serious deliberation and considering the afore-cited reasons of accused movant coupled by the dissenting opinion… in this case that ‘there is no strong evidence that ill-gotten wealth was amassed, accumulated or acquired by any of the accused as in fact the existence of such ill-gotten wealth was not clearly established’… and in light of the forthcoming visit of His Holiness Pope Francis, who is the personification of mercy and compassion, over the objection of  the prosecution, the Court is inclined to partially grant the motion by allowing her to celebrate Christmas with her family…” the court’s resolution read.

Arroyo’s lawyer Modesto Ticman said this is the first time the court unanimously granted Arroyo’s holiday furlough since she was under hospital detention in 2011.

“I think the favorable resolution is more than enough to make the former president happy,” Ticman said in an interview with reporters on Monday.

Ticman expressed surprise that the papal visit was mentioned in the decision. “I think the court has shown compassion and magnanimity to the current plight of the former president,” he said.

Ticman said he believed the granting of Arroyo’s furlough is a prelude to the junking of her plunder case, especially after the court allowed Arroyo to file a motion for the demurrer of evidence, which is a motion to dismiss the case on the ground of insufficiency of the evidence of the prosecution.

Asked if former president Arroyo would be granted bail in time for Pope Francis’ visit, Ticman said: “Hopefully if the demurrer of evidence is granted, she is sure to be there.”

The resolution was penned by Acting Chair Associate Justice Rodolfo Ponferrada, and concurred by members Associate Justices Rafael Lagos and Alex Quiroz.

Ponferrada and Quiroz were appointed by then President Arroyo in 2004 and 2008, respectively. Meanwhile, Lagos was appointed in 2010 during the present administration.

Ponferrada has earlier opted to grant Arroyo’s bail motion, but he was outvoted by the other members of the special division of five.

In his earlier opinion, Ponferrada had said the prosecution failed to show strong evidence of guilt as their principal witness was not able to point at the existence or whereabouts of ill-gotten wealth.

Ponferrada’s ponente decision, quoting the dissenting opinion that “there is no strong evidence (of) ill-gotten wealth,” compelled Lagos to write a note beside his signature: “My concurrence is based only on humanitarian and compassionate grounds.” Lagos had opposed Arroyo’s bail bid.

The court expressed compassion for Arroyo in light of the death of her grandson Jorge Alonzo “Jugo” Arroyo, the child of her daughter Luli-Arroyo Bernas. Mrs. Arroyo was granted furlough to attend the child’s wake and funeral last November. The one-year-old boy died of a congenital heart disease.

The court did not mention the child’s death in the resolution, but Ticman said he believed it was a factor in the decision.

“Perhaps that would somehow assuage the sad feelings of the former President knowing that her other grandchildren would be with her during the Christmas season,” Ticman said.

The court directed the Philippine National Police to ensure security escorts in coordination with the Sandiganbayan sheriffs.

The court said Arroyo will be transported from the Veterans Memorial Medical Center (VMMC) to La Vista at 10 a.m. on December 23 and should be brought  back to the hospital at 2 p.m. on December 26.

The court directed the police to supervise any means of communications and electronic devices.

Arroyo will shoulder the expenses by the police in connection with the furlough, the court said. It also did not allow media interviews.

In her motion for furlough, Arroyo appealed to the court’s compassion “in the spirit of the Yuletide season… and Christian charity.”

Arroyo, 67, also said she was hoping for the court’s consideration given her advanced age and failing state of health.

The prosecution had opposed Arroyo’s furlough bid, saying it has no legal basis because it merely relied on the court’s compassion. It also said granting Arroyo’s furlough would open the doors for other detention prisoners to be granted leave during the holidays.

Arroyo is under hospital detention due to plunder for allegedly using P366 million in intelligence funds for the Philippine Charity Sweepstakes Office (PCSO) from 2008 to 2010 for personal gain.

The former president is confined at the VMMC as she claimed to be suffering from cervical spondylosis, a degenerative disease of the bones and cartilage of the neck.

Arroyo had also complained of “generalized body weakness, persistent pain over the nuchal and left shoulder with numbness of both hands and frequent episodes of choking,” according to the VMMC.

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