Graft court denies hospital arrest for 71yo accused

A 71-year-old former policeman's request for hospital or house arrest and a shorter sentence was denied by the graft court, saying a plea not to be jailed because of old age has no basis in the law.

Retired senior superintendent Salvador Duran Sr was found guilty of involvement in a ghost purchase of about P10 million worth of "combat, clothing, and individual equipment" carried out in 1992.

He was arrested at his residence by National Bureau of Investigation agents only last October 15.

In his petition submitted on October 26, Duran requested for detention at the Veterans Memorial Medical Center, saying he is suffering from several ailments such as hypertension, diabetes, and osteoarthritis.

But the Sandiganbayan said the petition was defective to begin with since a copy was not given to the prosecutor with a required notice of hearing 3 days before the set date.

The anti-graft court added that even if the petition was compliant, "there exists no law or rule which authorizes the service of sentence of imprisonment of a convict by final judgment by hospital/house confinement."

SOURCE: Sandiganbayan junks 71-year-old retired cop's plea for hospital arrest. Rappler.com. Published 9:15 PM, November 25, 2018. Updated 11:00 PM, November 25, 2018. https://www.rappler.com/nation/217510-sandiganbayan-junks-retired-cop-plea-hospital-arrest