Birds of same feathers

Hole of Justice

by Peter G. Jimenea
 
Birds of same feathers

Supreme Court (SC) Chief Justice Renato Corona approved the issuance of a Temporary Restraining Order (TRO) against the travel ban issued by DOJ Sec. Leila De Lima on Gloria M. Arroyo and husband Mike.

The justices inadvertently overlooked they are inviting trouble. The TRO issued is a drastic move to put ineffective the DOJ hold departure order (HDO) against the couple. Unfortunately, they failed to satisfy the requirements, thus, many believe the DOJ order stands.

Had it not on the immediate filing of Election Fraud, CGMA could have easily got out of the country. It reminds me of former SC CJ Artemio Panganiban after the ousted of Pres. Joseph Estrada. He once said, it is the will of the above that GMA became a president. Now let’s hear from him again on whose will is this plight of his former boss.

Rumor mills didn’t stop grinding overnight that Hacienda Luisita has started this political mess. The pro Corona supporters even suspects that the railroading of impeachment to the Senate was done in haste by congressmen identified with the administration.

Yet, according to Sen. Miriam Defensor Santiago, as long as those pre arranged rules of procedures are followed, ( just because some people think it was done in too much of a hurry) it will not necessarily affect the validity of proceedings. And as the rules were followed, transmittal to the Senate by the Lower House is proper.

Besides, being conditional, there are unfixed glitches in the issuance of TRO by the Supreme Court. The purpose of a TRO is to prevent a threatened wrong and to protect the property or rights involved from further injury, until the issue can be determined after a hearing on the merits.

But there was no hearing conducted so as to determine the validity of the TRO on merits.  Besides, it is strictly confined to individual right and personal interest of the former president. Now, what about the national interest of the majority and their right to demand justice?

Taking all the equities of this case into consideration, this writer firmly believes legal interest should be factual and material, direct and immediate, not simply contingent or expectant. But this was done by justices of the High Tribunal, an entity whom we cannot impose ruling or enforce penalty.

Under Section 5, Rule 58 of the 1997 Rules of Civil Procedure, a TRO may be issued only if it appears from the facts shown by affidavits or by a verified application that great or irreparable injury would be incurred by an applicant prior the writ of preliminary injunction.

But look who suffered the great injury or irreparable damage. Is it CGMA and family or the majority of citizens in this country? This is a very simple question that would lead a reasonably prudent man to believe that an election offense had been committed by the accused.

As enunciated in Baltazar vs. People, the task of the presiding judge when the information is filed with the court is first and foremost to determine the existence of a probable cause. All reasons contrary thereto or inconsistent therewith should be ignored.

Probable cause needs only to rest on evidence showing that more likely than not, a crime has been committed by the accused. In this case, it demands more than suspicion and requires less than evidence that would justify conviction.

But CJ Corona overtly professes what he covertly undertakes. He has yet to say about the Judiciary Fund Allowance at his discretion. Clandestinely taking what rightfully belong to others is thievery. But look, lot of lawyers volunteered to help him for free. Wow! Birds of the same feathers - flock together!

Tragedy for the Liberal Party

Hole of Justice

by Peter G. Jimenea
 

Sen. Drilon - the eventual loser

 

Barring untoward circumstances, we’ll hear the buzzer for 2013 elections next month. All presidential contenders are expected to have already prepared their line-up to field in the upcoming battle.

One is Sen. Franklin Drilon who contacted all mayors of the Second District of Iloilo for a conference at Hotel Del Rio, last Saturday, December 17, 2011.  It is for the giving of Cong. Augusto Syjuco’s CDF directly to them. What a pompous show of leadership.



The PDP Laban of Vice President Jejomar Binay is likewise seen preparing for a good fight. Not to be left behind is the KAMPI Party of now jailed Congw. Gloria Macapagal Arroyo, whose fate depends largely on the results of the upcoming two elections.

The 2013 election results could also be a crystal ball of the presidential battle in 2016. As noted Sen. Drilon had been bringing with him bulk of projects to the city and province of Iloilo as part of the plan. It’s not surprising being a close ally of Pres. Pinoy.

What’s more, Drilon is often seen with Sen. Mar Roxas, the perceived standard bearer of the Liberal Party in 2016. It is widely believe, however, that he could not be in tandem with the latter as they are both from Western Visayas.

All that he can do is to campaign hard for the Liberal Party’s presidential bet to win in 2016. He had worked with all the prior presidents and he fears to lose this privilege. But it is easier said than done. Foremost, he has to conduct first a loyalty check in his backyards – the Region 6.

But as noted, his local bets in the city have been affected by the non-stop issue of corruption that reeks with domino theory. Add to this misery is the growing popularity of VP Binay among the masses which is very alarming for the Liberal Party he loved most now.

Worse, his two protégées in Iloilo City, Cong. Jerry Trenas and Mayor Jed Patrick Mabilog who pompously claim they are still united cannot hide from observant political animals their camaraderie with a distance as if one carries a contagious disease.  

Cong. Trenas should now forget his dream of returning back as the city’s chief executive because Mayor Mabilog as easily gleaned, would not concede. Thus, Sen. Drilon mediates to maintain his grip on the two leaders and to preserve the gained political foothold of the Liberal Party in the city.

But the entry of Sen. Jinggoy Estrada as Vice President of Binay is another cause for alarm of the Liberal Party. The Estradas have proven last elections that they still have the bulk of loyal supporters. VP Binay, on the other hand, excelled the popularity of Pinoy in the latest survey.

It’s really alarming. But the nightmare of the Liberal Party is the survey for the most popular senator. Sen. Roxas was only in the 6^th placed while Sen. Francis Escudero bagged the number one spot.  So there is no guarantee that Roxas is a strong standard bearer of the Liberal Party.

The tragedy of the administration is when only two political parties will slug it out in 2016, the Liberal Party of Roxas and the PDP Laban of Binay. CGMA knew that like Pres. Pinoy, Sen. Roxas doesn’t like her and Drilon too, who is closely allied with them. A torment for CGMA if the president-elect is a Liberal Party!

Few have the faintest idea that KAMPI Party has still followers and can forge an alliance with the PDP Laban to ensure Binay’s victory but, on certain conditions. A pardon by the next president is a dreamed heaven of CGMA and family. And who says this is impossible?

Sen. Drilon who only have a heart for mayors, congressmen and governors is the eventual loser. He always snubbed his lowly constituents and now they are returning to him the favor with a vengeance. The “snubbing” by local media of his presscon last Saturday, December 17, is already a vital document by which I shall judge him!

Roast in Peace

Hole of Justice

By Peter G. Jimenea

Roast-in-Peace

The murder story of brothers Roderick and Mark Newall in 1987, transfigures the brutal murder of a Chinese businessman, his wife and young daughter that happened in their-mansion at General Luna Street, Iloilo City few years ago. There was no sign of forced entry, nor theft as the police earlier claim hinted at.

Police investigators believed it was an inside job done by culprits who knew their way around the house. The only difference is that Nicholas Newall and wife Elizabeth disappeared from their home after their sons had visited them for a champagne dinner to celebrate Mrs. Newall  48^th birthday.

On the other hand, the Chinese, his wife and daughter were found dead inside the house. As what the police claimed of the Newalls’ murder, the suspects in this Chinese case are also his two sons. The eldest when interviewed that very day is suspiciously acting like high on drugs.

From minute bloodstains found in the house of the Newall, police deduced that they were killed there. But the place had been scrupulously cleaned up and dried out with traces of mopping in every corner. The same idea was found to have been used by the killers in the Chinese, wife and daughter’s murder.

Roderick and Mark inherited their parents’ wealth when it was assumed they were dead. The 66-foot yacht the family owned went to Roderick who immediately sailed out to the sea and his brother Mark went to Paris for good.

But five years later, in 1992, the Royal Navy frigate Argonaut arrested the 26-year old Roderick at sea and took him to Gibraltar. New evidence was presented to the courts in a move to extradite him. Mark who is a resident of Paris was also slapped with extradition proceedings.

Roderick fought the proceedings desperately trying to have a tape-recording excluded which apparently implicated another person and himself in the murder of his parents. Since his arrest Roderick has made three suicide attempts.

In the case of a Chinese businessman, his two sons who are suspects in the gruesome murder were arrested and sent to jail. The RTC Judge hearing the case recommended no bail for them. But with the help of a popular lawyer from Manila hired by their grandmother, there case was mitigated.

It was reversed by the Court of Appeals (CA) and the accused were entitled to bail. It only reinforced the widespread public belief that the CA is controlled predominantly by appellate justices who cannot resist the temptation of greed. Foremost as impression without affirming the perception is the contemptuous issuance of TRO for a fee.

Worse, elevating a grievance to this court for redress, opens the privilege for the few ( if I may borrow the term used by former President Joseph Estrada) hoodlums-in-robe, that sometimes judicial remedies are subjected to “over-use,” “misuse” or “abuse.”

What is saddening in this story of murder committed by the children against parents is the motive that propelled them to kill – money! The Newall brothers Roderick and Mark did it for inheritance. The same motive forced the sons of a Chinese businessman to kill him, his wife and young daughter.

But after the CA reversed the RTC decision, the suspects were released. Though we know for a fact, that even in jail people with money have different treatment than you and me. However, the victims’ family elevated the CA’s ruling to the Supreme Court for review. -

They believed many people were affected by the Appellate Court’s decision. The RTC judge, the family of the victims, the relatives, friends and the peaceful citizens of the city who condemned this crime, hoping that justice will be served soonest possible.

Well, in its ruling of 2010, the SC set aside the CA’s resolution and upheld the RTC judge’s decision. The suspects were sent back to jail extra ordinem –beyond the ambit of appeal. Stare decisis – Court stands firmly by things that were decided on cases with similar facts that have been resolved in the past. If electric chair is still in use for parricide cases, in this one I say….. see the title!

Crying to God for Punishment

Hole of Justice

By Peter G. Jimenea

Crying to God for punishment!

In 2006, an injustice happened to RA 3019 filed by Atty. Romeo Gerochi at the office of Monalisa ehe, este Ombudsman Merceditas Gutierrez against Mayor Jerry Trenas (now congressman) et al. His case transfigures the men’s dreams in the song Monalisa, they just lie there and die there.

Injustice lies fairly in “delayed” rather than “erroneous” decision which can be appealed immediately. The Housing Project for city employees was approved during the last term of Mayor Mansueto Malabor in 2000 and was turned over to Mayor Trenas for implementation.  

Bankrolled by the P120 million bond floatation of the Iloilo City government, it is guaranteed by IRA or the Internal Revenue Allocation. The bond was bought by the Philippine National Bank (PNB) for a maturity amount of P125M.

The construction of 413 houses was awarded to Ace Builders Enterprises owned by Alex Trinidad. When started in 2001, the mayor has no say in the payment as Trinidad forwards his billings direct to PNB for payment of accomplished job.

Direct bank payment to contractor deprived the mayor the standard operating procedure or SOP. It means the temerity of a winning contractor to compensate the public official of what he never lost.

But they say that if there is a will there is a way, so, the P125M obligation of the city government to the PNB was suddenly transferred to the Philippine Veterans Bank (PVB) without the public getting wind of it.

PNB is just two blocks away from the PVB, yet, the paper trail from one bank to another cost P12M as documentation – kuno. Sus gino-o, this could put the right senses of an honest taxpayer in the brink of insanity!

Again, the case for the discovered substandard materials used by the contractor in the project has nearly drive Councilor Raul Gonzalez, Jr. and Antonio Pesina to run amuck. Their case filed at the Ombudsman’s Office only lie there and died there too.

In fact, they have once passed a unanimous resolution urging Mayor Trenas to rescind the contract and sue the contractor. Trinidad abandoned the project but still, Mayor Trenas continued paying his billing in millions.

Despite the slippage, the contractor pocketed P64M plus. The city also paid the bank interest of P17,000 plus per day including holidays for over a year. God knows, lowly city hall employees are most sorely tempted to steal but don’t!

The construction of 413 houses that started in 2001 ended with Trenas term in 2009 without a unit completed. Yet, look at the decision of the Overall Deputy Ombudsman Orlando Casimiro – a selective approach to prosecution. Now he  has to tolerate brave words to save face!

Only Malabor et al, were indicted. Trenas is still walking tall sporting a smile to the ears. It is widely believed though, that the latent defect in the decision was deliberately ignored by Casimiro in exchange for – you know what!

In this selective approach to prosecution, Mayor Trenas got off the hook easily than Malabor does. Judicial remedies are subjected to “over-use”, “misuse” or “abuse.” But they should know that injustice to taxpayers is a crime and..… see the title!