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As she was sentenced, bail is no longer a question of law, but a discretionary decision of the court. Rules 114 and 120 come into play as to whether or not he can pay bail.
IMELDA MARCOS. Teachers and youth groups from the University of the Philippines (UP) hold a bonfire at UP Diliman Sunken Garden on November 9, 2018 to celebrate the condemnation of the former Representative of Ilocos Norte, Imelda Marcos. Picture of Darren Langit / Rappler
MANILA, Philippines – On Friday, November 9, the 5th Sandiganbayan Division of the Anti-Corruption Tribunal verbally ordered in open court to issue a arrest warrant against the representative of the 2nd District District Court. Ilocos Norte, Imelda Marcos, after found guilty of 7 heads closed that day without issuing a warrant.
Reporters covering the Sandiganbayan have learned that no arrest orders or arrest warrants have been signed on Friday, making the days ahead a saga of the ancient First Lady: when will she be arrested and go to jail or not?
Once the warrant is issued, it will be sent to the law enforcement agencies. Sandiganbayan's defendants, particularly high-level defendants, were recognized for bail before serving the warrant to avoid any show.
This would be a normal course, except that Marcos has already been convicted and that critics of the former family first claimed his imprisonment.
Discretionary suretyship
The mediator's chief prosecutor, Rey Quilala, said Friday that "kapag nagpakita naman po sya his yard, puwede naman pong i-lift ang arrest warrant kasi nga may appeal pa po sya available (If it comes to court, the arrest warrant can be lifted because there are remedies available). "
This is what Rule 114 of the Rules says, under Rule 5 of the Rules, which states that if the sentence relates to a generally punishable offense such as bribery, "the accused may be allowed to remain in custody. provisional release for the duration of the appeal proceedings. " the same deposit subject to the consent of the servant. "
However, under the same law, the office of the mediator can also ask the court to cancel the bail if he can prove good cause such as:
- Whether he is a repeat offender, a near habitual offender or a habitual delinquent, or if he has committed the crime aggravated by the circumstance of reiteration;
- That he has already escaped legal detention, escaped punishment or violated the terms of his bail without valid justification;
- That he committed the offense while he was on probation, parole or conditional pardon;
- That the circumstances of his case indicate the probability of escape if released on bail; or
- That there is an excessive risk that he will commit another crime for the duration of the call.
Article 114 authorizes the Office of the Ombudsman to do this because the law stipulates: "If the sentence imposed by the court of first instance is imprisonment of more than six (6) years, the release of the bail will be canceled or canceled if by the continuation of the following circumstances or other similar circumstances. "
Marcos was sentenced to a term of imprisonment of 6 years and from one month to 11 years for each of the 7 counts of indictment. The Ombudsman's Office has not yet announced its willingness to cancel bail.
Marcos has already expressed his intention to appeal the conviction.
Marcos was found guilty of unlawfully creating and maintaining private organizations in Switzerland, which were used to earn at least 200 million US dollars of interest and investment for the benefit of the Marcos family.
No show on the day of judgment
There is also the question of Marcos and his lawyers who snubbed the court on the day of judgment on Friday. The court records showed that Marcos and his lawyers had been duly informed of the promulgation schedule.
The Court gave Marcos 30 days to submit an explanation of his absence. She had previously stated that her lawyer, Robert Sison, had been interned at the hospital that day.
For his part, Marcos was photographed Friday night celebrating with the mayor of Davao City, daughter of President Rodrigo Duterte, the Speaker of the House of Representatives, Gloria Macapagal-Arroyo, solicitor general Jose Calida, l & ## 39, former president and sentenced to looting Joseph Estrada, and the defendant Juan Ponce Enrile for the birthday celebration of his daughter, Ilocos Norte, governor Imee Marcos.
According to Article 120, Article 120 of the Rules of Court, "If the judgment relates to a conviction and the non-appearance of the accused has taken place without just cause, he shall lose the remedies provided by these rules against the judgment and the court shall order his arrest."
One of the available remedies is the bail while appealing the conviction.
In the end, it will be decided by the 5th Sandiganbayan Division, composed of associate judges Rafael Lagos, Marie-Therese Mendoza-Arcega and Maryann Corpus-Mañalac. Mañalac wrote the decision that sentenced Marcos; She is the youngest on the division bench and has been appointed to Duterte. – Rappler.com
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