The lawyer of former President and current Pampanga Rep. Gloria Macapagal-Arroyo yesterday pointed out that the Sandiganbayan has the power to place her under house arrest contrary to claims of prosecution.
Hence, her lawyer, Atty. Laurence Arroyo reiterated her prayer before the Sandiganbayan First Division to place her under house arrest either at her home in La Vista Subdivision in Quezon City or her provincial residence in Lubao, Pampanga.
Atty. Arroyo has a filed a supplemental reply to the opposition of the prosecution who also claimed that the Sandiganbayan has no power to grant Arroyo house arrest.
As proof that the Sandiganbayan can order house arrest, Atty. Arroyo cited the case of Estrada-Kalaw vs. Tensuan that was filed before the Supreme Court.
The lawyer explained that in that case the high tribunal “impliedly recognized the power of courts to order house arrests.
“There, the trial court judge, the Hon. Richard P. Tensuan, placed Senator Eva Estrada-Kalaw under house arrest during the pendency of a criminal case against her,” he noted.
When Senator Kalaw violated the conditions of house arrest by leaving her home, Atty. Arroyo said that Tensuan modified his order and directed her confinement to the Fort Bonifacio Detention Center.
What was contested before the SC if Tensuan could modify the confinement order in spite of a temporary restraining order issued by the SC.
“If Judge Tensuan had no power to order the arrest of Sen. Kalaw, surely the Supreme Court would have pointed it out in its decision and would have instead declared that Senator Kalaw should have been confined at the Fort Bonifacio Detention Center at the very outset,” he explained.
MANILA BULLETIN
