The Sandiganbayan deferred the arraignment of Commissioner Ma. Grace Padaca of the Commission on Elections on the ground of a pending motion filed before the Supreme Court (SC).
The anti-graft court’s Fifth Division moved to November 29 Padaca’s entering of plea in line with her malversation and graft charges, since a petition for certiorari that she filed is still pending before the High Court.
The magistrates approved the deferment but reminded the commissioner that if no temporary restraining order was issued before November 29, she must enter her plea.
Her counsel George Aquino welcomed the deferment of arraignment while expressing confidence that they will have the needed order to halt the proceedings at the anti-graft court.
“We are confident of our legal position both in the Supreme Court and athe Sandiganbayan. The records will show that the good governor did not commit any crime,” the lawyer said.
Outside the courtroom, Padaca, who was present on Thursday’s hearing, reiterated that the judicial courtesy principle that stipulates that a lower court should give way to a higher court in order to avoid any decision of the superior tribunal for becoming mooted.
“We still have a petition before the Supreme Court that challenges the ruling of the Office of the Ombudsman. We are grateful for the Sandiganbayan for hearing our deferment,” Padaca said.
She added that there is no irregularity in the P25-million disbursement of agricultural loan to a non-government institution because the farmers benefited from the program, which the Office the Ombudsman alleged to have been lacking in public bidding.
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