Hole of Justice: Reasonable Doubt

Hole of Justice: Reasonable Doubt: Hole of Justice By Peter Jimenea Acquittal re; Reasonable Doubt After the raid in the drug-lair of a suspect-drug-pusher, the shabu...

Hole of Justice: Reasonable Doubt

Hole of Justice: Reasonable Doubt: Hole of Justice By Peter Jimenea Acquittal re; Reasonable Doubt After the raid in the drug-lair of a suspect-drug-pusher, the shabu...

Hole of Justice: Reasonable Doubt

Hole of Justice: Reasonable Doubt: Hole of Justice By Peter Jimenea Acquittal re; Reasonable Doubt After the raid in the drug-lair of a suspect-drug-pusher, the shabu...

Hole of Justice: Reasonable Doubt

Hole of Justice: Reasonable Doubt: Hole of Justice By Peter Jimenea Acquittal re; Reasonable Doubt After the raid in the drug-lair of a suspect-drug-pusher, the shabu...

Reasonable Doubt

Hole of Justice

By Peter Jimenea

Acquittal re; Reasonable Doubt

After the raid in the drug-lair of a suspect-drug-pusher, the shabu confiscated was delivered to the custodian of evidence as per instruction by the raiders to one not a participant in the operation. This doubtful chain in the custody of the prohibited drug as evidence is vital to the case.  

As mode of authenticating evidence, the chain of custody as a rule requires the presentation of the seized prohibited drugs as an exhibit be preceded by evidence sufficient to support the finding that the matter in question is what the proponent claims it to be. Moreso, on how and from whom it was received including as much as possible, a description of the condition in which it was delivered to the next in the chain.

Petitioner defenses of denial and frame-up are conceded inherently weak and commonly used in drug related cases. However, the law stressed that conviction of the accused must rest not on the weakness of his defense but on the strength of the evidence of the prosecution.

How then was the one able to get hold of the substance when he was neither a party to nor present during the operation? Who entrusted the substance to him assuming that somebody requested him to submit it for safekeeping? These are the lingering questions that must be answered convincingly and satisfactorily so as to ensure that there had been no substitution, tampering or contamination of the sachet of shabu allegedly taken from the petitioner.

And why did the one who delivered the item to the custodian of evidence never presented to testify on this case? Thus, there was no evidence to prove that what was turned over to the evidence custodian and later presented to the court was the same substance recovered from the petitioner.

The failure to establish the chain of custody is fatal to the prosecution’s case. There can be no crime of illegal possession of prohibited drug when nagging doubts persist on whether the item confiscated was the same specimen examined and established to be prohibited drug.

In People v. Casimiro citing People v. Mapa, the Court acquitted the accused for failure of the prosecution to establish the identity of the prohibited drug which constitutes the corpus delicti. Equally true in Zarraga v. People, the Court also acquitted the accused in view of the prosecution’s failure to indubitably show the identity of shabu.

At this juncture, it must be stressed that the corpus delicti in illegal drugs cases constitutes the drug itself. This means that the proof beyond reasonable doubt of the identity of the prohibited drug is essential. The Court’s ruling on People v. Gutierrez on chain of custody rule is instructive.

Thus, based on the foregoing, the Court’s considered view is that the quantum of evidence needed to convict, that is proof beyond reasonable doubt, has not been adequately established by the prosecution. Presumption of regularity in the performance of official duty cannot by itself override the Constitutional rights of the accused to be presumed innocent unless overcome by strong, clear and compelling evidence.

While as a rule the Court desist from disturbing the findings and conclusions of the trial court especially with respect to the credibility of witnesses, it bows to the superior and immutable rule that the guilt of the accused  must be proved beyond reasonable doubt because the law presumes that the accused is innocent unless and until proven otherwise.

WHEREFORE, the petition is granted and the assailed decision of the Court of Appeals in C.A.- G.R. CR 29985 dated July 27, 2007 affirming in toto  the Decision of the RTC in Crim. Case No. 11489-13, and its Resolution dated December 11,2007 denying the motion for reconsideration are REVERSED and SET ASIDE. Petitioner is ACQUITTED on ground of reasonable doubt. (610 SCRA 636).

Equity of the Incumbent

Hole of Justice

by Peter G. Jimenea

Equity of the Incumbent

The perception that Gov. Arthur Defensor will transfer to the Liberal Party is most likely to happen. Despite the animosity existing between him and Sen. Franklin Drilon, a peace-talk can do a miracle knowing the two had a sad story that won’t go away.

It can be traced back to the juicy position of the Secretary of Labor during the time of former Pres. Corazon Aquino. It could have been for King Arthur but then Executive Secretary Drilon gave it to Ruben Torres. Now you know what that means!

But in politics there are no permanent friends or enemies only permanent interest. Thus, I predict the eventual reconciliation of the two Ilonggos before the upcoming 2013 election. This is not good however for Niel Tupas Sr. who had long planned his return to the Kingdom by the River as governor.

The entry of Defensor with the Liberal Party could be good for Sen. Drilon. This may also be an assurance of his solid political leadership among kingpins and warlord of the province. What about its consequences? I just hope this beautiful dream is not a nightmare for the others.

Once Gov. Defensor decides to join the Liberal Party, for sure, as a pre condition, he is entitled to seek a reelection. Because of the equity of the incumbent, this would surely deprive the elder Tupas his dream of a comeback and rule once again the Kingdom by the River in 2013.

This is a dream comes true for King Oca of the First District if a tandem Defensor-Garin remains unbroken until 2013. King Oca knew that he lagged behind King Niel in the competition for expansion of political empires in the province.

The Tupas family has already control of the Fifth District and their patriarch has gained a foothold in the Fourth. This was proven last election when he ran for Congress against Cong. Ferj Biron. On the other hand, the parameter of King Oca’s turf is only confined in First District of Iloilo.

Without the Tupas interference, the unbroken Defensor-Garin tandem in 2013 elections would ensure the warlord from the First District that in the event King Arthur resigns in 2016, a member of the Garin family could eventually become a ruler of the Kingdom by the River.

This is not good for King Niel Sr. But peace must stay that Sen. Drilon must offer an appointive but enticing position the King will accept. If not, another option is to run for Congress in the Fourth District against Mayor Hernan Biron Sr. or son Biron, Jr. the vice mayor of Dumangas town.

There is a growing public belief that the planned transfer of Gov. Defensor to the Liberal Party is handiwork of King Oca. He is probably alarmed by the expanding empire of King Niel in the province and fears to affect his foothold in the nearby municipalities of his turf. In fact, Lex Tupas the youngest son, has already invaded the city as member of the city council.

No wonder if all the Garins will join the fray in 2013 to stay in tune for 2016. King Oca may field his wife or daughter-in-law for vice governor and/or board member vice versa. His vice governor son Richard, may settle for mayor of Guimbal and his daughter Sharon, mayor of the town will run for Congress.

If the transfer of Defensor to the Liberal Party pushes through, King Niel has no choice but to abide with the ruling on “equity of the incumbent.” The Tupas are now “in sequenter” - not in the proper order of succession. King Niel may run for Congress in the Fourth District, but is the prize at stake in that war more worthy than the Capitol battles he had been fighting for?

Here’s something for coffee habituates. A neophyte politician wants to challenge Cong. “Boboy” Syjuco but failed to get the nod of Sen. Drilon who prefers Mayor Kadz of Pavia, Iloilo. So he went straight to the temple of gods at the northern part of the island for a blessing. A bright boy indeed, good luck Jojo!

Let justice be done

Hole of Justice
By Peter G. Jimenea

Let justice be done!


The contents of that “white paper” exposed by DYOK anchorman John Sapio, over the airwaves linked Cong. Jerry Trenas in the percentage sharing allegedly asked by him from contractors for project funded by his CDF as a standard operating procedure (SOP).


Without a vital proof as evidence, this accusation cannot stand in the court of law. But as the saying goes, if there is smoke there is fire and this is another story that won’t go away. Stonewalling and blame-tossing cannot easily clear one’s name in this messy dealing!.


Look, it’s now 28 months since Deputy Omb. for the Visayas Pelagio Apostol was tasked by a superior to further probe the involvement of Cong. Trenas in the P137M Iloilo City Government Housing Project at Pavia, Iloilo. This project ended a “white elephant.”


The P137M was almost spent for the construction of 413 units of low-cost houses for city hall employees, yet, not even a house was seen to have been done. But look, Omb. Apostol is still groping for a probable cause in order to file the case. 


This is a rare case. They indicted Mayor Mansueto Malabor who only signed the project but spared Cong. Trenas who use the money during its implementation. If the evidence submitted to the Ombudsman do not suffice to indict Trenas, why not dismiss the complaint against him?

Omb. Apostol surely knew that the unauthorized payment made by the mayor to the contractor who abandoned the project is already a violation of RA 3019.  If this is not a probable cause, I will put my bet to that fish-vendor who claimed that an offense charged has been committed here!


Omb. Apostol and his Iloilo Office’s staffers failed to apply the mandate empowered to them by law.  They neglect to promote efficient service to the people when it is provided in Sec. 13 of RA 6770 or the “Ombudsman Act of 1989.”


Sec. 13, Mandate – the Ombudsman and Deputies, as protectors of the people shall act promptly on complaints filed against officers or employees of the government. Enforce administrative civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people.


The first complaints were filed in 2004 by former city councilors Atty. Raul Gonzalez, Jr., Atty.Antonio Pesina and Atty. Romeo Gerochi in his capacity as taxpayer against then Mayor Trenas et al. Sleeping for 28 months at the Ombudsman-Iloilo Office created an impression that it is deliberately done in exchange for … you know what! 


The last par. of Sec. 15, RA 6770 reads; – the Ombudsman shall prioritize complaints filed against high-ranking government officials or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties. Sad to say, only lowly government employees are prone to immediate prosecution. 


Sec. 26, (Par 2) of RA 6770 - the Office of the Ombudsman shall act on the complaint immediately and if it finds the same entirely baseless, it shall dismiss the same and inform the complainant of such dismissal citing the reasons thereof. On why the complaint against Trenas was still hanging in the air, Omb. Apostol has a lot of explaining to do.


The public interest in this issue should be afforded the amplest opportunity for proper and just determination of their cause. The P137M is taxpayers’ money and this is injustice en-masse’, a crime that cries to God for vengeance!


Injustice lies fairly in the “delayed” resolution than “erroneous” one which can be elevated immediately for appeal. Omb. Apostol should know that it is only for government crooks that this selective prosecution is good. The law is established for the benefit of man. So, fiat justitia or..…..see the title!

Hole of Justice: Misconduct at Checkpoints

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