SUMMARY
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MANILA, Philippines – The anti-graft court denied on Friday, March 14, the petition of former president Gloria Macapagal Arroyo to spend her 67th birthday in her hometown of Lubao, Pampanga.
In a 6-page resolution, the Sandiganbayan First Division rejected Arroyo’s argument that spending her birthday in Pampanga is good for her health.
Her lawyer, Modesto Ticman Jr, had presented Dr Martha Nucum to attest to this. (READ: Arroyo not getting better)
The court cited Nucum’s testimony in rejecting Arroyo’s plea. “According to her, accused Arroyo, while not very well, is also not very sick. She, therefore, recommends that ‘constant family bonding interaction should be encouraged since it is still the key to her overall wellness and treatment.’”
The Sandiganbayan First Division said it “is not convinced” that celebrating her birthday in Pampanga “is necessary to help her recover.”
It explained: “The court is not aware of any prohibition or unreasonable restriction on movant’s family to interact and bond with her at her detention facility. If there is, all the movant has to do is to file the appropriate motion and the court will promptly and judiciously act on it.”
“However, what the court cannot and will not sanction is discrimination and the violation of the equal protection clause of the Constitution,” it added.
No ‘full enjoyment’ of rights
The Sandiganbayan, after all, denied a similar request by Arroyo’s co-accused, Benigno Aguas Jr.
The court pointed out that last February 20, it junked Aguas’ motion to be allowed to attend a two-day class reunion in Tarlac.
It said Arroyo’s motion “is no different” from that of her co-accused, except that Arroyo wants a 3-day furlough to spend her birthday with her relatives and constituents.
“The court holds, and so rules, that being a detention prisoner, just like all other detention prisoners, accused Arroyo cannot be allowed the full enjoyment of her rights, be it civil or political. And the inherent and consequent restraints in some of her rights [do] not run counter to the constitutional presumption of her innocence, for the rule stands that until a promulgation of final conviction is made, the constitutional mandate of presumption of innocence prevails,” it said.
Arroyo, whose birthday is on April 5, wanted to celebrate her birthday in Pampanga from April 4 to 6.
Now a Pampanga representative, she is under hospital arrest for plunder charges over the alleged misuse of P366 million of Philippine Charity Sweepstakes Office funds. – Paterno Esmaquel II/Rappler.com
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