COMMISSION on Elections (Comelec) Commissioner Ma. Gracia Cielo “Grace” Padaca pressed for the deferment of her arraignment for the graft and malversation charges filed against her before the Sandiganbayan because of her pending motion filed before the Supreme Court (SC).

In a nine-page pleading, Padaca asked the Sandiganbayan Fifth Division to re-schedule her entering of plea to give the High Court a chance to resolve first her petition for certiorari.

Padaca raised the judicial courtesy principle, in which a lower court is asked to suspend the proceedings to give the higher court a chance to resolve first a pending motion—or the decisions of the superior tribunal will be rendered moot if the lower court continues with the case.

“It is respectfully submitted that it behooves [the Sandiganbayan] to suspend the arraignment of accused Padaca and suspend the proceedings before it, in view of the pendency of the petition for certiorari before the SC,” the motion read.

Citing Supreme Court jurisprudence, Padaca said that the High Court had cautioned judges to refrain from arraigning an accused “to avoid a miscarriage of justice.”

After months of hiding, Padaca posted a P70,000 worth of bail on October 4 for the two charges that accused her of extending a P25-million agricultural loan program to a non-government institution without public bidding.

Interior Secretary Manuel “Mar” Roxas 2nd accompanied Padaca when she posted bail, which was reportedly controversy-ridden as Padaca was said to have been given privilege for the use of the basement parking lot exclusive for the use of anti-graft magistrates only.

A copy of orders from Sandiganbayan spokesman Renato Bocar showed that two Sandiganbayan employees were already re-assigned from the Fifth Division to other offices in line with the probe, which is now undergoing.