Thursday, December 8, 2011

Hold-departure order on Arroyo

In its urgent motion for the issuance of a hold-departure order on Arroyo, the Comelec said the former President was "insisting to leave the country allegedly to consult medical experts of her own choice and to receive specialized care and medical attention from other institutions due to her medical condition, which hardly qualifies as an emergency or life-threatening." The poll body claimed that "the insistence of the accused … to leave the country is being done for the purpose of absconding and thereby evading prosecution for their electoral sabotage case." It added: "Considering the gravity and magnitude of the offense committed, the damage and prejudice they caused to the electoral and democratic processes of the government, the imposable penalty involved, and the vast resources and international connections of the accused, there is a real danger that they will flee the country to avoid criminal prosecution." Following the filing of the case of electoral sabotage against Arroyo, the Department of Justice (DOJ) called on the Supreme Court to lift its TRO (temporary restraining order) on the travel ban on Arroyo and her husband. In an urgent manifestation, Solicitor General Jose Anselmo Cadiz said the Pasig City RTC now had jurisdiction of the case. "The filing of a complaint or information in court initiates a criminal action. The court thereby acquires jurisdiction over the case, which is the authority to hear and determine the case. The rule therefore in this jurisdiction is that once a complaint or information is filed in court, any disposition of the case such as its dismissal or the conviction or acquittal of the accused rests on the sound discretion of the court," Cadiz said.

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