Sandiganbayan calls out ex-ERC chair Ducut over docs to prove she has dementia

The Sandiganbayan has required the camp of former Energy Regulatory Commission chief Zenaida Ducut to explain why the pork barrel scam-related charges against her should not be reinstated since she did not have the required documentation to support her claim that she is suffering from dementia.

In a resolution dated July 25, the Sandiganbayan Seventh Division said that Ducut failed to comply with its order in July 2022 because the mental examination report she submitted did not provide supporting documents showing she continues to suffer from dementia and thus could not stand trial for graft and malversation charges in connection with the alleged misuse of pork barrel by then Muntinlupa lawmaker Rufino Biazon.

"The two-page NCMH (National Center for Mental Health) report submitted by accused Ducut merely stated that Ducut was 'seen and examined' last 8 February 2023. It was not accompanied by copies of the results of medical tests supporting the report/conclusion," the Sandiganbayan said.

"Moreover, the medical report only stated that this evaluation was 'based on the history, mental status examinations, observations and psychological test.' Considering that the evaluation is supposed to be on a yearly basis [as ordered by the court], it fails to specify what tests were conducted this year to support the indicated assessment and remarks," it added.

The anti-graft court said that it only granted Ducut's earlier motion to suspend proceedings against her after the filing and hearing of various motions and comment/oppositions, the presentation and cross examination of specialists from St. Luke’s Medical Center and the NCMH, and the submission of certified true copies of the results of various tests conducted on Ducut at the NCMH upon which the medical evaluation was based.

It said that Ducut's compliance dated July 3, 2023, containing a photocopied two-page medical report without supporting test results, was the same compliance she submitted to another Sandiganbayan division.

"This is insufficient compliance with this court’s directive. The rationale is simple. Generally, courts are not authorized to take judicial notice of the contents of the records of other cases even when said cases have been tried or are pending in the same court or before the same judge," the Sandiganbayan said.

A portion of Ducut's two-page medical report reads:

''The patient was seen and examined an elderly female, of medium — built, with mole on the right cheek, with short hair dyed brown color, well groomed and kempt, clad in blazer and black pants, and French tip nail polish. She was cooperative and conversant with good eye contact. She had euthymic mood with congruent affect. Her speech was spontaneous, normoproductive, and audible with relevant responses. She stated her cases as, “Di ko maalala yung exact pero ahente daw ni Janet Napoles.”

In addition, the medical report says:

''She was unable to narrate the circumstances leading to her incarceration. She was aware of the possible consequences of her cases. She was able to appraise court proceedings, identify the different courtroom personnel, and state their respective functions. She was oriented to place and person. She had poor immediate and recent memory. She had a fair fund of knowledge. She had fair impulse control. She had fair insight into her mental illness.''

The same medical report also contained the assessment and remark that Ducut "remained incompetent to stand the rigors of a court trial" and made the following recommendations:

• patient’s periodic out-patient evaluation at the NCMH
• follow-up report if and when the patient becomes competent to stand trial
• the patient continue her follow-up with her private physician who is a neurologist/dementia specialist

The Sandiganbayan, however, was firm.

"We are not privy to the order of the Sandiganbayan Third Division in Criminal Case Nos. SB-16-CRM-0183 to 186 or whether it is of the same tenor as this division. We are only concerned with accused Ducut’s compliance with our own directives, which evidently requires the submission to it, not only of the annual medical report/evaluation, but also all the results of the tests conducted on accused Ducut for the year, which supports the evaluation," the Sandiganbayan said.

"Wherefore, in view of the foregoing, accused Zenaida Cruz-Ducut’s prayer in her Compliance for the medical report attached therein to be deemed sufficient is denied. Considering that this Court’s directives dated 27 June 2023 and 14 June 2022 (as amended by its Resolution dated 4 July 2022) were not complied with, accused Ducut and her counsel are directed to explain within 72 hours from notice why failure to comply with the directives of the court should not cause the reinstatement of the criminal cases pending against accused Ducut," it added. — VBL, GMA Integrated News