KAKAMPI MO ANG BATAS: GMA owns house in Dominican Republic? PDF Print E-mail
Monday, 21 November 2011 13:37

BY Atty. BATAS MAURICIO

LIFE’S INSPIRATIONS: “… Blessed is the one who does not walk in step with the wicked or stand in the way that sinners take or sit in the company of mockers, but whose delight is in the law of the LORD, and who meditates on his law day and night…” (Psalm 1:1-2, the Holy Bible).
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SC KEY TO GMA’S FUTURE: So, with Gloria Macapagal Arroyo now under arrest and officially booked and awaiting trial for the heinous crime of electoral sabotage, what is going to happen next? Much, really, depends on the Supreme Court, especially with its en banc session on Tuesday, November 22, 2011.

We must all remember that among the many cases now pending with the high tribunal involving Arroyo and her husband Mike which are likely to be tackled Tuesday, two directly have a bearing on whether the charges for electoral sabotage filed by the Department of Justice (DOJ) and the Commission on Elections (Comelec) on Friday would be allowed to stand or be scuttled, and on whether she and Mike could still go abroad.
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ETERNAL GARDENS CASE COULD AFFECT ARROYO CASE: The petition against the authority of the DOJ and the Comelec to even investigate Arroyo for poll fraud was filed by Arroyo’s lawyers precisely to question the right of the DOJ-Comelec panel to conduct the investigation and, consequently, to file any criminal cases against the former president.

While the Supreme Court did not issue any temporary restraining order to stop the DOJ-Comelec panel when the petition against it was first filed, there is jurisprudence to the effect that the panel, out of judicial courtesy, should have desisted from further proceedings, to allow the high court to rule on the controversy over its jurisdiction.

This is the case of Eternal Gardens Memorial Park Corporation vs. Court of Appeals, G.R. No. L-50054, August 17, 1988, where the Supreme Court ruled: “Although this Court did not issue any restraining order against the Intermediate Appellate Court to prevent it from taking any action… the appellate court should have refrained from ruling thereon because its jurisdiction was necessarily limited upon the filing of a petition for certiorari with this Court...

“Due respect for the Supreme Court and practical and ethical considerations should have prompted the appellate court to wait for the final determination of the petition before taking cognizance of the case and trying to render moot exactly what was before this court,” the tribunal said.
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SETTING ASIDE ELECTORAL FRAUD CASE VS. GMA POSSIBLE: The question now is: with the case of Eternal Gardens as a backdrop, can the Supreme Court nullify all that the DOJ-Comelec panel had done, particularly the filing of the electoral sabotage case against Arroyo? It would seem, yes, it can, and therefore free Gloria from her present predicament.

If the Court will rule in favor of Gloria, that would pave the way for its insisting on its earlier decision that will allow her and husband Mike to go abroad, ostensibly for medical treatment. Of course, this is assuming the Court will be able to surmount the overwhelming public sentiment on the matter.
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GMA OWNS A HOUSE IN DOMINICAN REPUBLIC? Over the weekend, I received information that the Arroyos actually own a residential house in the Dominican Republic, overlooking a cliff. This house (which my source said approximates a palace because of its sheer size and its amenities) stands side by side with a similar residential palace owned by a big-time Filipino lawmaker. Any reaction to this information, Gloria?