By ATTY. DODO DULAY
Thanks to the Palace and her Liberal Party (LP) allies, newly appointed Commission on Elections (COMELEC) Commissioner Grace Padaca has become ‘damaged goods’. She is now too encumbered with ‘excess baggage’ that whatever she says or does will surely be viewed with suspicion and skepticism.
For starters, Padaca is facing graft and malversation cases before the Sandiganbayan for giving the management and administration of the province’s P25-million rice program to a private foundation without any public bidding.
To our recollection, this is the first time in recent history that a person indicted by the Ombudsman for graft and corruption has been appointed to a constitutional office like COMELEC.
While Padaca swears she’s innocent of the crimes with which she’s charged, still the fact remains that there was a finding of ‘probable cause’ against her not just once – but twice.
First, when the Ombusdman filed the case before the Sandiganbayan, which meant that anti-graft prosecutors were convinced there was sufficient proof that the crimes of graft and malversation were committed and that Padaca was probably guilty of these crimes.
And second, when the Sandiganbayan issued the arrest warrant against her last May 13, 2012, which also meant that the graft court was satisfied, after a ‘judicial determination of probable cause’, that the evidence against Padaca before trial is sufficient to prove the prosecution’s case unless the former Isabela governor can present substantial contradictory evidence at trial.
True, Padaca enjoys the constitutional presumption of innocence. But as the Supreme Court once said, “the presumption of innocence has never been intended as evidence of innocence of the accused but only to shift the burden of proof that [she] is guilty to the prosecution. If ‘accusation is not synonymous with guilt’, so is the presumption of innocence not a proof thereof.”
It’s also quite unbelievable that despite Padaca’s pending arrest warrant during the past 4 months or so, no law enforcement agency dared arrest her. This even if she had been all over town attending speaking engagements and meetings which she allegedly even posted on her Facebook page. It seems everyone knew where she was except the police. Compare that to the Palace’s favorite villain, ex-President Gloria Arroyo, who was arrested by a team of policemen while hospitalized at the Veterans Memorial Hospital, just hours after her arrest warrant was issued by the Sandiganbayan. Is this how the law is enforced nowadays?
Padaca also claimed she didn’t intend to post bail and was ready to go to jail if the authorities served the arrest warrant. But if she knew there was warrant for her arrest and was ready to ‘face the music’, why didn’t she just surrender voluntarily? Was it because she was confident the police wouldn’t touch her?
Soon after her COMELEC appointment, however, Padaca quickly posted bail – with money coming from President Aquino. LP stalwart and Interior Secretary Mar Roxas, on the other hand, took time off to personally accompany Padaca in posting bail at the Sandiganbayan. The President even declared Padaca innocent even before she could be tried by the Sandiganbayan, claiming the ex-Isabela governor merely wanted to “ease the life of farmers.”
But by pulling out all the stops for Padaca, Malacañang only reinforced the public perception that Padaca is being given special treatment as an ally and party-mate. And Padaca, by enthusiastically accepting the Palace’s ‘helping hand’, proved she’s not above political influence and partisan politics.
Apparently emboldened by Malacanang’s all-out support, Padaca now wants the graft court to drop the graft and malversation charges against her, arguing that her appointment to COMELEC gives her immunity from suit since she can now only be removed through impeachment.
But many of my colleagues find Padaca’s argument a bit too premature considering that her ad interim appointment is only temporary since she has not yet been confirmed by the Commission on Appointments (CA). Unless confirmed, Padaca has no vested right to the COMELEC post.
Moreover, based on the Supreme Court’s rulings, Padaca cannot claim ‘immunity from suit’ because this legal principle only applies to criminal charges filed with the Sandiganbayan during the incumbency of an impeachable public official and not to those cases filed before the appointment of such impeachable officer, such as Padaca’s graft suits.
Besides, to sustain Padaca’s argument would allow the President to clear anyone charged with a crime by vesting such person with ‘immunity’ through an appointment to a constitutional commission.
Which is why many Filipinos are now asking: If Padaca is as innocent as she professes to be, why is she so eager to have her graft cases dismissed on a mere technicality? Why doesn’t she move for a speedy trial and prove her innocence instead of hiding behind the ‘cloak of immunity’? Is she afraid the odds of an acquittal aren’t in her favor?
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