IN A RARE MOVE, the Supreme Court has decided to accept and review en banc former first lady Imelda Marcos' motion for reconsideration on her 12-year sentence for graft.
The decision, contained in a minute resolution dated Sept. 1, granted Marcos' petition that her case be heard again, this time by all 14 justices.
Oral arguments by Marcos' lawyer, Estelito Mendoza, will be heard by the tribunal on Sept. 10.
The case involves the lease of a lot of the Light Rail Transit Authority in Pasay City to a private foundation, the Philippine General Hospital Foundation Inc., under terms which the Sandiganbayan had found disadvantageous to the government.
On Jan. 29, the Supreme Court's third division headed by Chief Justice Andres Narvasa upheld Marcos's graft conviction by the Sandiganbayan.
Marcos's co-accused, former Transportation Secretary Jose Dans, was earlier acquitted.
''The door for an acquittal was never closed (by the high court),'' Mendoza yesterday said, adding that the motion for reconsideration was filed on Feb. 17, still within the allowed period.
''We're optimistic that now Mrs. Marcos would be acquitted like Mr. Dans.''
Mendoza also said that while the Supreme Court en banc did not usually accept motions for reconsideration on convictions such as that of Marcos, its decision ''should not be tainted with political color.''
Narvasa earlier pointed out that it was rare for the tribunal to decide to review en banc a conviction upheld by one of its divisions.
On March 27, he said in an interview that Marcos's graft case was not likely to be referred to the Supreme Court en banc.
He said cases elevated to and taken by the tribunal in full court involved death penalty convictions.
But on Aug. 5, the third division decided to refer Marcos's appeal to the tribunal en banc.
Thirteen justices voted to accept Marcos's motion for reconsideration. One justice, Florenz Regalado, is on official leave.
By Donna S. Cueto
Philippine Daily Inquirer, September 4, 1998 |