Graft, malversation trial vs. ex-ERC chief Ducut stopped due to dementia

The Sandiganbayan has stopped the graft and malversation trial against former Energy Regulatory Commission (ERC) chairperson Zenaida Ducut due to her dementia diagnosis.

In a 21-page Resolution dated June 14, the Sandigabayan said it granted Ducut's Motion for Suspension of Proceedings due to her vascular dementia, which renders her incompetent to stand trial.

"Based on the medical reports detailing the results of various examinations (including the MRI [magnetic resonance imaging]), and Drs. [Jemellee] Cano and [Dr. Neil Michel Apollo] Santos' testimonies, including their responses during cross-examination, Ducut is suffering from vascular dementia, which impaired her cognitive functioning, including her memory. This is irreversible, with treatment/medication only serving to delay, but not prevent, its progression," the Sandiganbayan said.

"Putting a legally incompetent person on trial or convicting and sentencing him is a violation of this right to due process of law and fair trial. As expounded by the Court in People v. Estrada: The rule barring trial or sentence of an insane person is for the protection of the accused, rather than of the public. It is inhuman to require an accused disabled by act of God to make a just defense for his life or  liberty," the anti-graft court added.

The court then noted that Ducut may not have a full understanding and comprehension of the criminal proceedings for her to be able to intelligently participate and defend herself.

Likewise, the court said Ducut cannot do things that involve sequences or complexities; has impaired memory; and is unable to provide complete details about her personal information.

"While she can probably recognize her signature in previous documents as memory impairment is more marked on recent events, she would have difficulty recalling details or specific circumstances on why she signed; and that it is unpredictable whether she could remember certain events if asked," the Sandiganbayan pointed out.

"We likewise note that Dr. Santos and his team similarly concluded in their Medical Report that Ducut is incompetent to stand trial after observing that Ducut remembers being charged, but cannot recall what she was charged with; that she only remembers referring something to the congressman; that she was responsive in her behavior but she cannot find the word for what she wants to say; that she was confused with her answer for most, but not all, of the time," the Sandiganbayan added.

In addition, the anti-graft court said that Ducut's doctors observed that she has difficulty remembering a question, with their having to repeat it several times; is able to affix her signature but not understand its legal consequence; is not able to comprehend a simple contract like contract of lease; and has no chance of regaining the memory she has before the onset of her dementia.

"Wherefore, in view of the foregoing, the Motion for Suspension of Proceedings filed by accused Zenaida Cruz-Ducut is granted. Finding accused Zenaida Cruz-Ducut to be incompetent to stand trial, SB-l 6-CRM-0249 to 0250 is hereby archived as to accused Zenaida Ducut, to be revived upon showing that accused's mental condition shall have adequately improved for the purpose of proceeding with the trial of the case," the Sandiganbayan said.

Regular medical exams

The Sandiganbayan, however, also found merit in government prosecutors' alternative motion that in the event that Ducut's Motion for Suspension of Proceedings is granted, she will be subjected to an annual medical examination.

Specifically, the anti-graft court has tasked Dr. Santos, ranked Medical Specialist III, or any medical specialist of the National Center for Mental Health to conduct mental examination of Ducut within the month of June of every year, and to forthwith submit a copy of the resulting medical report to the court.

"In fine, we hold that accused Ducut is unfit to stand trial as evidence on record indicates that, at present, she is unable to meaningfully consult with her lawyer and comprehend the significance of the trial and her relation to it. Accordingly, the instant cases may now be archived as to accused Ducut," the Sandiganbayan added.

Ducut is being accused of acting as agent of lawmakers who misappropriated their discretionary Priority Development Assistance Fund (PDAF) by collecting kickbacks from such allocation meant to assist the lawmakers' respective constituents. — BM, GMA News