The Sandiganbayan has required the camp of former Energy Regulatory Commission chief Zenaida Ducut to elucidate why the pork barrel scam-related expenses towards her shouldn’t be reinstated since she didn’t have the required documentation to assist her declare that she is affected by dementia.
In a decision dated July 25, the Sandiganbayan Seventh Division stated that Ducut did not adjust to its order in July 2022 as a result of the psychological examination report she submitted didn’t present supporting paperwork displaying she continues to endure from dementia and thus couldn’t stand trial for graft and malversation expenses in reference to 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 stated.
“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 courtroom stated that it solely granted Ducut’s earlier movement to droop proceedings towards her after the submitting and listening to of varied motions and remark/oppositions, the presentation and cross examination of specialists from St. Luke’s Medical Center and the NCMH, and the submission of licensed true copies of the outcomes of varied checks performed on Ducut on the NCMH upon which the medical analysis was primarily based.
It stated that Ducut’s compliance dated July 3, 2023, containing a photocopied two-page medical report with out supporting take a look at outcomes, was the identical compliance she submitted to a different 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 stated.
A portion of Ducut’s two-page medical report reads:
”The affected person was seen and examined an aged feminine, of medium — constructed, with mole on the best cheek, with brief hair dyed brown shade, nicely 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 temper with congruent have an effect on. Her speech was spontaneous, normoproductive, and audible with related responses. She acknowledged her circumstances as, “Di ko maalala yung exact pero ahente daw ni Janet Napoles.”
In addition, the medical report says:
”She was unable to relate the circumstances resulting in her incarceration. She was conscious of the potential penalties of her circumstances. She was capable of appraise courtroom proceedings, determine the totally different courtroom personnel, and state their respective features. She was oriented to position and particular person. She had poor speedy and up to date reminiscence. She had a good fund of data. She had honest impulse management. She had honest perception into her psychological sickness.”
The similar medical report additionally contained the evaluation and comment that Ducut “remained incompetent to stand the rigors of a court trial” and made the next suggestions:
- affected person’s periodic out-patient analysis on the NCMH
- follow-up report if and when the affected person turns into competent to face trial
- the affected person proceed her follow-up together with her non-public doctor who’s a neurologist/dementia specialist
The Sandiganbayan, nonetheless, was agency.
“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 stated.
“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
Source: www.gmanetwork.com
