Sandigan forfeits Imelda's bail
MANILA, Philippines — The Sandiganbayan has ruled the bail bonds of Representative Imelda Marcos (Ilocos Norte) to be forfeited due to the “unjustified” absence of her and her lawyer at the graft case’s promulgation of judgment.
In the one-page order dated November 9 but released to media on Tuesday, November 13, the anti-graft court’s Fifth Division ruled that “the absence of the accused and her counsel appears to be unjustified.”
Marcos is given 30 days from Friday to expound “why no judgment on the bonds should be issued.”
The Sandiganbayan also ordered that a warrant of arrest be issued against her.
Marcos, on the night of the Sandiganbayan promulgation, was seen attending the birthday celebration of her daughter, Ilocos Norte Governor Imee Marcos.
The Sandiganbayan last Friday convicted Marcos, in open court, on seven counts of graft committed during the regime of her husband, the late dictator Ferdinand Marcos.
While the anti-graft court had ordered that an arrest warrant be issued against Marcos, the Philippine National Police has yet to act on the order as it still awaits the release of a court-issued warrant.
PNP chief Oscar Albayalde, in press conference on Monday, said the police would consider the “age and health” of Marcos in arresting her.
A party is allowed to file a motion for reconsideration on a ruling, but under Rule 120 of the Rules of Court: “If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these rules against the judgment and the court shall order his arrest.”
Sandiganbayan records show that Marcos’ camp filed for a Motion for Leave of Court to Avail of Post Conviction Remedies on Monday.
A Motion for Leave of Court is a pleading asking the court to deviate from an established rule or procedure of court.
Marcos’ camp earlier said that they would file for a motion for reconsideration.