The Sandiganbayan wants the camp of former Energy Regulatory Commission (ERC) chief Zenaida Ducut to explain why the pork barrel charges against her should not be reinstated after she fails to provide the anti-graft court with the necessary documents supporting her claim that she has dementia.
The Sandiganbayan Seventh Division, in a resolution dated July 25, 2023 said Ducut failed to comply with its order in July 2022 asking her to submit supporting documents from her mental examination report showing she continues to suffer from dementia.
“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 said.
“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 court said it granted Ducut’s earlier motion to suspend proceedings against her after the filing and hearing of various motions and comment/oppositions, the presentation and cross examination of specialists from St. Luke’s Medical Center and the NCMH, and the submission of certified true copies of the results of various tests conducted on Ducut at the NCMH upon which the medical evaluation was based.
“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 said.
The anti-graft court said that Ducut’s compliance dated July 3, 2023, containing a photocopied two-page medical report without supporting test results, was the same compliance she submitted to another Sandiganbayan division.
A portion of Ducut’s two-page medical report reads: ‘’The patient was seen and examined an elderly female, of medium — built, with mole on the right cheek, with short hair dyed brown color, well 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 mood with congruent affect. Her speech was spontaneous, normoproductive, and audible with relevant responses. She stated her cases as, “Di ko maalala yung exact pero ahente daw ni Janet Napoles.”
In addition, the medical report states that ‘’She was unable to narrate the circumstances leading to her incarceration. She was aware of the possible consequences of her cases. She was able to appraise
court proceedings, identify the different courtroom personnel, and state their respective functions. She was oriented to place and person. She had poor immediate and recent memory. She had a fair fund of knowledge. She had fair impulse control. She had fair insight into her mental illness.’’
The same medical report also contained the assessment and remark that Ducut “remained incompetent to stand the rigors of a court trial” and made the following recommendations: patient’s periodic out-patient evaluation at the NCMH; follow-up report if and when the patient becomes competent to stand trial; the patient continue her follow-up with her private physician who is a neurologist/dementia specialist
