Jamby has no immunity from arrest - lawyer

MANILA, Philippines - Opposition Sen. Ana Consuelo “Jamby” Madrigal has no parliamentary immunity from arrest, according to a lawyer of First Gentleman Jose Miguel “Mike” Arroyo. In his six-page comment filed at the Pasay city Prosecutors Office, lawyer Jesus Santos said that Madrigal could not invoke her parliamentary immunity because the criminal case filed against her is punishable by more than six years. To recall, Santos had filed a falsification complaint against Madrigal before the Pasay City prosecutor’s office, for allegedly altering on purpose a notation in the document sent by former National Economic and Development Authority (NEDA) head Romulo Neri to Chinese Ambassador Lin Jinjin on March 29, 2007. Madrigal claimed during a Senate investigation on the ZTE controversy that the notation, “FG,” stood for “First Gentleman.” "It is well to note that the privilege from arrest applies only to offenses punishable by not more than six years. It does not apply to those offenses which are punishable by more than 6 years," Santos said in response to the motion to dismiss filed by Madrigal last week. Santos said the senator is not covered by parliamentary immunity accorded to members of Congress under the 1987 Constitution since falsification case has a corresponding jail term of 10-12 years. Madrigal, in her 18-page motion to dismiss, cited Section 11, Article 6 of the 1987 Constitution that guarantees immunity from arrest to senators who is charged with crimes punishable by not more than six years. She said the immunity from arrest is "intended to ensure representation of the constituents of the member of Congress by preventing attempts to keep a senator or member of the House of Representatives from attending its sessions." As a senator, Madrigal added, she also enjoys the privilege of speech, and that she presented the subject letter in the Senate hearing while discharging her duties as a duly elected senator. Santos explained that Madrigal should have filed a counter-affidavit, not a motion to dismiss as provided for by the Revised Rules on Criminal Procedure. "The law is very clear on this point. The Motion to Dismiss filed by respondent senator is a prohibited pleading and must not be taken cognizance of by this Honorable Office," Santos said, adding that Madrigal “seems to be in a quandary.” "While she questions the authority of the Investigating Panel of Prosecutors she implores it to decide in her favor by dismissing the instant case," he said. As to Madrigal's claim that she showed the subject letter during a Senate hearing for the purpose of clarifying only the role of the First Gentleman in the ZTE controversy, Santos said the senator has already judged Mr. Arroyo. "There was already judgment on her part even before the words First Gentleman could be heard. She twisted the initials “FGI/PIS” to First Gentleman to suit her agenda," Santos said. In its press statement on February 27, the NEDA, however, said that what appeared in the letter was "copy for FGI/PIS", which stands for "Florante G. Igtiben", while PIS meant "Public Investment Staff" of NEDA. Igtiben, the agency said, is the chief of the Asia Pacific Division of PIS who handles all projects funded by China. - GMANews.TV