Sandiganbayan sets aside Marcos plea to elevate fight vs graft conviction to SC

Adrian Ayalin, ABS-CBN News

Posted at Nov 27 2018 04:15 PM

Ilocos Norte Rep. Imelda Marcos. Jonathan Cellona, ABS-CBN News/File


MANILA - The Sandiganbayan 5th Division has ruled as "premature" Ilocos Norte Rep. Imelda Marcos' plea to elevate to the Supreme Court (SC) her appeal to her recent graft conviction. 

Marcos, widow of the late strongman Ferdinand Marcos, had filed a notice of appeal before the anti-graft court signifying her intent to seek redress before the SC after her conviction on 7 counts of graft for funneling public funds to Swiss bank accounts during her husband's regime. 

But the court said it has yet to resolve Marcos' motion for leave of court to avail of legal remedies in light of her conviction. 

“The notice of appeal filed by Marcos is premature as the court has not yet resolved her motion for leave to avail of post-conviction remedies. Therefore, the court cannot take action on the same,” the Sandiganbayan 5th Division said.

The court is still deliberating on whether or not they would grant Marcos' motion to take legal recourse against her conviction, including filing a motion for reconsideration and plea for bail to evade imprisonment.

Marcos earlier posted a P150,000 bail, evading prison despite her conviction as she sought to appeal the ruling. 

Her plea came following the same division's ruling that old age will not spare anyone from imprisonment in the case of a 71-year-old retired police officer convicted with finality for graft over a 1994 ghost project. 

The Sandiganbayan had on Nov. 9 found Marcos guilty of 7 counts of graft for using her Cabinet position to maintain Swiss bank accounts during her husband's rule. The decision came 27 years after the case was filed.

Marcos had served as Minister of Human Settlements in her late husband's cabinet and was a member of the Interim Batasang Pambansa during her husband's presidency and dictatorship from 1965 to 1986.