MIRIAM REACTS TO OMBUDSMAN MOVE

Sen. Miriam Defensor Santiago, who is engaged in a high-profile word war against Sen. Juan Ponce Enrile, said: "There is a God, after all."

Santiago was reacting to news that, just as she predicted last May, the Ombudsman denied the three motions for reconsideration filed separately by the three senators, Enrile, Jinggoy Estrada, and Bong Revilla, against whom the Ombudsman found probable cause for the crime of plunder.

Last May, Santiago told the media that she was making a "bold but rules-based prediction" that the various petitions by the accused would be denied by the Supreme Court.

Santiago made her prediction as early as May 8, during a commencement speech at the Baliwag Polytechnic College, Bulacan.

During that speech, Santiago said: "As a former RTC judge, I take the humble opinion that the separate motions did not present any new evidence or any new argument. Therefore, like most courts do with pro forma motions for reconsideration, the Ombudsman should consider them as sham, dilatory, and frivolous."

Santiago said that since the Ombudsman has denied the motions for reconsideration, the next step is to file the complaints in the Sandigan court.

"Automatically, the filing of the complaints will trigger the issuance of warrants of arrest against the three senators," she said.

Santiago told media that although the law provides that the crime of plunder is non-bailable, this provision has to be reconciled with the provision in the Constitution that all persons have a right to bail.

"The distinction is simple and easy to understand. In law, there is a difference between a right and a privilege. Every person has a right to bail, but if the person is charged with a non-bailable offense, he loses the right. Instead, the law merely gives him a privilege by giving him the chance to show at a mini-trial that evidence of guilty is not strong. If evidence is not strong, he will be granted bail. If evidence is strong, he will be denied bail and will have to stay in a detention cell at the PNP headquarters," she said.

Santiago predicted that lawyers of the three indicted senators will run once more to the Supreme Court and may be even to other forums to delay the criminal proceedings.

"Any boasting on the part of the accused is just whistling in the dark. For example, Enrile said that he might represent himself. Everybody knows that a lawyer who represents himself is a fool," she said.

"I humbly urge the Sandigan court to conduct hearings on the motions for bail by using a summary procedure. If evidence of guilt is strong, the accused should remain in detention to prevent them from fleeing as fugitives from justice, or financing a program of terrorism to distract the public," she said.

Santiago said: "The best proof that one of the accused has used terrorist tactics to sow confusion and fear among the public is the recent obviously manufactured problems raised by the simultaneous release of the lists of pork scammers. Watch out for similar diversionary tactics," she said.