Fatally Flawed Complaint
According to Arroyo counsel and spokesman Ferdinand Topacio, as well to Senators Juan Ponce Enrile and Sen. Miriam Defensor-Santiago, the case lodged by the Commission on Elections (Comelec) and the Department of Justice (DOJ) is “fatally flawed and may be annulled” and lacks “due process”, respectively. The speed of filing the case was obvious that the case was “railroad” just only to avert the Temporary Restraining Order (TRO) issued by the Supreme Court and the case was obviously have no solid grounds for they have many days to file their complaints against former president now Pampanga Rep. Gloria Arroyo but suddenly they quickly produce and process an instant case only because of the Supreme Court’s issuance of the Temporary Restraining Order (TRO); which is dubious.
The section 5, rule 3 of the Comelec Rules of Procedure was violated by the Commission on Elections (Comelec), according to Arroyo counsel and spokesman Ferdinand Topacio; as well as Section 1, Rule 4 of the Comelec Rules of Procedure. In order to have a legal complaint, majority of the Comelec commissioners should concur in filing a complaint against the former president now Pampanga Rep. Gloria Arroyo but according to Arroyo counsel and spokesman Ferdinand Topacio this was not met and even violated. For in order to have majority concur, there should be Four(4) Commissioners that will concur out of six(6) Comelec Commissioners except for the Chairman.
The ruling was just three Commissioners but it was deceitfully shown that there are four Commissioners who concur on filing a complaint against the Philippines former president now Pampanga Rep. Gloria Arroyo; for the other Comelec commissioner who voted is a Chairman. The Comelec Chairman according to Comelec Rules of Procedure Section 1, Rule 4 should not be included on the voting. Thus, the Comelec complaint against Philippines former president now Pampanga Rep. Gloria Arroyo is “fatally flawed” or illegal. For there are only three Comelec Commissioners who concur out of six Comelec Commissioners which should be four in order the complaint be legal.
The three Comelec Commissioners who concurred were: Christian Robert Lim, Augusto Lagman and Rene Sarmiento; while the three Comelec Commissioners who do not voted were : Lucenito Tagle, Yusoph and Velasco; while the Chairman who supposedly should not voted but violated Section 1,Rule 4 of the Comelec Rules of Procedures is Sixto Brillantes.
“Since Brillantes should have inhibited himself, how many Commissioners would have been left to approve of the Resolution? Three, which is not a majority of seven, since a majority would be four votes that are needed to validly promulgate the Resolution which could not have been validly promulgated,”
With Sixto Brillantes, unethical act and violation of the Comelec Rules of Procedures in a rush to file a complaint against Philippines former president now Pampanga Rep. Gloria Arroyo he already committed Unjust and Unfair handling of the case as well as violation of due process promise by the Constitution.
Senators Juan Ponce Enrile and Sen. Miriam Defensor-Santiago even agreed that the Noynoy Aquino administration handles the supposed case of Philippines former president now Pampanga Rep. Gloria Arroyo without “due process” even though Hypocritically PNoy promise (actually empty promise) that Philippines former president now Pampanga Rep. Gloria Arroyo will be treated with “due process” to those Gullible Filipinos he can deceive.
“It seems to have been rushed. The impression (it left) is that, the filing of the case was railroaded,… the purpose of the filing of the case was precisely to preempt the SC and that is the more delicate part of this whole thing because there is an erosion of check and balance in the country, there is an erosion of the credence of the institutions of government that protects the liberty of the people…” – Sen.Juan Ponce Enrile
“We can see from the timeline alone that there appears to be a movement in bad faith on the part of the administration to prevent Rep. Arroyo from leaving the country at all. They could have filed that case long before or long after, but why file right after the SC has ruled that her right to travel must be respected?..So the better argument is: there is no due process of law and there is inherent bad faith in the timing of the filing of the case in the RTC (Pasay City regional trial court) and the consequent issuance of the warrant of arrest; and that there is political persecution.
“Due process of law means you notify the accused what she is accused of, you give her full notice of what is supposed to be lodged against her, what is the evidence if possible, and then give her a full period of time to submit her counter-evidence,” – Sen. Miriam Defensor Santiago