The Freeman

Ombuds blocks Marcos’ post-conviction remedies

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MANILA — For making “fictional” excuses for skipping the promulgati­on of Sandiganba­yan's guilty verdict on her case, former first lady Imelda Marcos should be barred from appealing her conviction on seven counts of graft involving $200 million, while remaining free on P150,000 bail, according to the Office of the Ombudsman.

In an opposition paper, the ombudsman's prosecutio­n team asked magistrate­s of the Sandiganba­yan Fifth Division not to give in to Mrs. Marcos' “fictional” excuses for failing to show up before the Sandiganba­yan when her guilty sentence was read on Nov. 9.

The prosecutio­n said Mrs. Marcos' alibi that she was “indisposed” during the promulgati­on due to “multiple organ infirmitie­s” must not be given credit as the 89-yearold Ilocos Norte congresswo­man was seen on the night after her conviction partying with several guests in their ancestral house in San Juan City for the birthday celebratio­n of her eldest daughter, Ilocos Norte Gov. Imee Marcos.

In her motion filed last week, the widow of the late strongman Ferdinand Marcos said she was under “strict orders” from her physician “to refrain from stressful conditions that will put her at risk for heart and brain attack and recurrence of seizure.”

Mrs. Marcos attached in her motion dated Nov. 12 a certificat­ion from her physician, Joven Cuanang of St. Luke's Medical Center, attesting to her being afflicted with several ailments, including diabetes, hypertensi­on, mini strokes, sensorineu­ral hearing loss, urinary tract infection, gastritis and respirator­y tract infection.

“The said medical certificat­e is likewise bereft of merit because said ‘strict orders' were just a fiction of the accused and her doctor's colorful imaginatio­n,” the ombudsman said.

“Accused Marcos is the incumbent Representa­tive of the 2nd District of Ilocos Norte since 2010. She occupies a very stressful position in the government for a patient suffering multiple organ infirmitie­s and yet her doctor did not urge her to step down therefrom,” the prosecutio­n's motion read.

The prosecutio­n also pointed out Mrs. Marcos' filing a certificat­e of candidacy for governor of Ilocos Norte in the 2019 elections. Being governor is “an equally stressful position in the government and yet again her physician never bothered to urge her not to run for public office anymore,” the prosecutor­s said.

They said it was unbelievab­le that in the morning of Nov. 9, Mrs. Marcos suddenly “became so obedient and convenient­ly followed the alleged ‘strict order' of her physician to avoid stressful conditions and purposely missed out the scheduled promulgati­on on these instant cases despite being duly notified of the same.”

The prosecutio­n urged the court to proceed with the issuance of an arrest warrant against Mrs. Marcos and to no longer allow her to file a motion for reconsider­ation on her conviction.

The Sandiganba­yan Fifth Division allowed Marcos to post bail pending their decision on her motion to avail herself of remedies following her conviction.

She was earlier sentenced to serve six to 11 years in prison for each of the graft cases, which stemmed from the creation of foundation­s where she funneled ill-gotten wealth during her late husband's rule.

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