FORMER President Gloria Macapagal-Arroyo should still face her electoral sabotage case as the Supreme Court rejected her appeal to the decision that backed the constitutionality of the panel that probed and filed the charges against her in late 2011.

The panel was composed of representatives from the Commission on Elections (Comelec) and the Department of Justice.

Voting 13 to 2, SC spokesperson Theodore Te said Tuesday Arroyo's motion for reconsideration was dismissed for lack of merit. Associate Justices Arturo Brion and Roberto Abad disagreed with the decision.

In a ruling last September, the SC said the Comelec still had the final say in pursuing the case even if the panel was dominated by DOJ prosecutors.

"This shows that the Comelec, though it acts jointly with the DOJ, remains in control of the proceedings. In no way can we say that the Comelec has thereby abdicated its independence to the executive department," stated the decision penned by Associate Justice Diosdado Peralta.

It also debunked Arroyo's claim that she was not given the opportunity to be heard because she and other respondents were furnished a copy of the complaint, the affidavits, and other supporting documents submitted to panel and they were required to submit their counter-affidavit and evidence.

The joint investigating panel wrapped up its preliminary investigation on November 14, 2011 even as Arroyo and husband Jose Miguel failed to submit their counter-affidavits on accusations that they manipulated the senatorial election results in Maguindanao in 2007.

Four days later, the poll body adopted the recommendations of the panel and requested Judge Jesus Mupas of the Pasay City Regional Trial Court branch 112 to issue a hold departure order against the former president, who was cleared by the SC to travel abroad.

But Mupas issued a warrant of arrest instead, and this superseded the High Court's affirmation of suspending the travel ban on the Arroyos.

Arroyo was freed in July last year after posting P1 million bail but was sent back to the Veteran’s Memorial Medical Center (VMMC) in Quezon City three months later in connection with the alleged misuse of the Philippine Charity Sweepstakes Office (PCSO) funds. (Virgil Lopez/Sunnex)
Legality of Representative Gloria Macapagal-Arroyo