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Sunday, December 21, 2014
Hole of Justice: Make My Day
Hole of Justice: Make My Day: Hole of Justice by Peter G. Jimenea Make My Day! For a street-smart “it is better to be in company of a devil you know than ...
Make My Day
Hole
of Justice
by
Peter G. Jimenea
Make My Day!
For a street-smart “it is better to
be in company of a devil you know than the devil you don’t.” This reminds me of
the Small Town Lottery (STL) operating in Iloilo City for years now The permit granted to STL operators in this
number’s game is exclusive for the City of Iloilo only. It cannot operate
farther from the city and beyond, to the turf of municipal mayors they cannot
command.
But in underworld business, where
there is money, there is competition. It is not a surprise if a ”CAPO”or boss of the bosses of different
organizations will jump into the arena of illegal number`s game to join the fray for big profit. In
fact, a lot of lives were already lost in this kind of business.
The illegal operators are called
“BOOKIES” on the ground that they have no business permit and don’t pay taxes.
They just rely their projected profit and the future of their bettors from the
raffle draw results of STL operating
legally in the city.
Eventually, bookies become
competitors of STL operators. Not only that as bookies can operate
clandestinely in nearby municipalities where the STL cannot. Worse, they can
even penetrate the city bettors that rightfully belong to the legal operations
of the STL.
But in the underworld business there
is jealousy, double-cross, treachery, swindling and betrayal. Thus, other than
spending more for personal security and bribe, sometimes the bosses may resort
to violence and intimidation if only to have control the entire business.
Unfortunately, in illegal business
they players have no recourse to the Court Of Law for settlement of differences
,thus, death is the most logical solution to all judicial problems.
A commentator of a radio station in
the city had been hitting a bookies-operator every night in his program by
branding him a drug lord. But even a publisher of leading local daily claim the
man is no longer on drugs but in number’s game now.
But what made him a marked target of
this radio commentator? It is widely believed
that STL “capos” want him out of Business. But as the man refused to be
intimidated by threats, so the radio commentator was hired to do the dirty job.
Despite his heads so loose you can easily pass an airplane through it, he
continues singing about illegal drugs against the man every night of his life
for eight months until nobody wants to listen anymore.
Lately, however, in Jaro district, a
hang-out of a bookies-operator suspected under the umbrella of the STL “capos”
was raided by authorities. The result created a suspicion as the cause of an
untimely death of another bookies-operators inside his restaurant in Mandurriao
District.
It paves the way for the radio
commentator to again hit-hard the big-man by insinuating that he ordered the
killing without an idea that the two are friends and drinking buddies. The
irresponsible commentator also tags the big-man to the ambush-murder of a retired
police officer few months later. Worse, he deliberately dragged the names of
the innocent members of the big-man’s family into public humiliation with his malicious
and unfounded accusations.
The worst happened when a media
friend of the big-man who dropped him a visit was shot that night while about
to enter his house. Again, the big-man was tagged by the bad-mouthed radio
commentator as mastermind of the shooting. The incident drove the big-man to
explode.
He suspects his adversaries are out
to get him soon. So the game begins, their hatchetman that the capos are so
proud of becomes the hunted. It was a misfortune for the adversaries of the
big-man who belittle his underground influence with the underworld.
Although the man lacks the academic
proficiency, he has the managerial capability to tame even the wildest criminal
in his turf not by a despot rule but by deep-friendly-concern to the latter and
to his family. Now you see? Even in jail people with money have different
treatment than you and me.
When the hatchetman of the capos was
taken-care of by the “boys,” they individually sought an audience with the big-man
for a new compromise. They have realized that sometimes cooperation is better
than competition and likewise learned that anything in excess is bad.
As this story goes, underworld
business continues minus-trust among major players. Now, as to what future
awaits the abusive radio commentator, only God knows. I just hope to have made
his day in this column, he asks for it. Unlike Dirty Harry and me who ask
others to make our day
MAKE MY DAY
Hole
of Justice
by
Peter G. Jimenea
Make My Day!
For a street-smart “it is better to
be in company of a devil you know than the devil you don’t.” This reminds me of
the Small Town Lottery (STL) operating in Iloilo City for years now The permit granted to STL operators in this
number’s game is exclusive for the City of Iloilo only. It cannot operate
farther from the city and beyond, to the turf of municipal mayors they cannot
command.
But in underworld business, where
there is money, there is competition. It is not a surprise if a ”CAPO”or boss of the bosses of different
organizations will jump into the arena of illegal number`s game to join the fray for big profit. In
fact, a lot of lives were already lost in this kind of business.
The illegal operators are called
“BOOKIES” on the ground that they have no business permit and don’t pay taxes.
They just rely their projected profit and the future of their bettors from the
raffle draw results of STL operating
legally in the City.
Eventually, bookies become
competitors of STL operators. Not only that as bookies can operate
clandestinely in nearby municipalities where the STL cannot. Worse, they can
even penetrate the City bettors that rightfully belong to the legal operations
of the STL.
But in the underworld business there
is jealousy, double-cross, treachery, swindling and betrayal. Thus, other than
spending more for personal security and bribe, sometimes the bosses may resort
to violence and intimidation if only to have control the entire business.
Unfortunately, in illegal business
they players have no recourse to the Court Of Law for settlement of differences
,thus, death is the most Logical Solution to all judicial problems.
A Commentator of a radio station in
the City had been hitting a bookies-operator every night in his program by
branding him a drug lord. But even a publisher of leading local daily claim the
man is no longer on drugs but in number’s game now.
But what made him a marked target of
this radio commentator? It is widely believed
that STL “capos” want him out of business. But as the man refused to be
intimidated by threats, so the radio commentator was hired to do the dirty job.
Despite his heads so loose you can easily pass an airplane through it, he
continues singing about illegal drugs against the man every night of his life
for eight months until nobody wants to listen anymore.
Lately, however, in Jaro district, a
hang-out of a bookies-operator suspected under the umbrella of the STL “capos”
was raided by authorities. The result created a suspicion as the cause of an
untimely death of another bookies-operators inside his restaurant in Mandurriao
District.
It paves the way for the radio
commentator to again hit-hard the big-man by insinuating that he ordered the
killing without an idea that the two are friends and drinking buddies. The
irresponsible commentator also tags the big-man to the ambush-murder of a retired
police officer few months later. Worse, he deliberately dragged the names of
the innocent members of the big-man’s family into public humiliation with his malicious
and unfounded accusations.
The worst happened when a media
friend of the big-man who dropped him a visit was shot that night while about
to enter his house. Again, the big-man was tagged by the bad-mouthed radio
commentator as mastermind of the shooting. The incident drove the big-man to
explode.
He suspects his adversaries are out
to get him soon. So the game begins, their hatchetman that the capos are so
proud of becomes the hunted. It was a misfortune for the adversaries of the
big-man who belittle his underground influence with the underworld.
Although the man lacks the academic
proficiency, he has the managerial capability to tame even the wildest criminal
in his turf not by a despot rule but by deep-friendly-concern to the latter and
to his family. Now you see? Even in jail people with money have different
treatment than you and me.
When the hatchetman of the capos was
taken-care of by the “boys,” they individually sought an audience with the big-man
for a new compromise. They have realized that sometimes cooperation is better
than competition and likewise learned that anything in excess is bad.
As this story goes, underworld
business continues minus-trust among major players. Now, as to what future
awaits the abusive radio commentator, only God knows. I just hope to have made
his day in this column, he asks for it. Unlike Dirty Harry and me who ask
others to make our day
Sunday, December 7, 2014
Hole of Justice: TO RIGHT THE WRONG
Hole of Justice: TO RIGHT THE WRONG: Hole of Justice By Peter G. Jimenea TO RIGHT THE WRONG The injustice of the Ombudsman in this case lies fairly in delayed r...
TO RIGHT THE WRONG
Hole of Justice
By
Peter G. Jimenea
TO RIGHT THE WRONG
The injustice of the Ombudsman in this case lies fairly in delayed
resolution than erroneous decision which can be appealed immediately.
Deliberate or not, their delay causes prolonged anxiety to party litigants and
could tie their assets and other properties in litigation.
This explains why the Bill of Rights contains as it is in Art. III of the
Constitution occupies a position of primacy to the fundamental law way above
the articles on government powers. This includes the right of the accused for a
speedy trial of his case.
One final note, the Court values liberty and will always insist on the
observance of basic Constitutional rights as a condition sine qua non against the extremely abusive investigative and prosecutor
powers of the government. Summum jus,
summum injuria – extreme enforcement of law may lead to injustice. (Berico
vs CA, 225 SCRA 562).
Let’s take the case of Rafael Coscolluela a governor of Negros Occidental
for three full terms from July 1992 to June 30, 2001. During his tenure of
office, Edwin Nacionales served as his Special Projects Head, Jose Ma. Amugod as assistant
and Ernesto Malvas, Provincial Health Officer.
On November 9, 2001, the Office of the Ombudsman Visayas received a
letter-complaint dated November 7, 2001 from the People’s Graftwatch,
requesting to investigate the anomalous purchase of medical and agricultural
equipment for P20,000,000.00 which allegedly happened a month before
Coscolluela stepped down from office.
Acting on the letter-complaint, the Case Building Team of the Ombudsman
conducted its investigation. A Final Evaluation Report dated April 16, 2002,
upgrading the complaint into a criminal case was filed. The respondents also filed
their respective counter-affidavits.
On March 27, 2003, Graft Investigation Officer Butch E. Cañares prepared
a Resolution (March 27, 2003 Resolution), finding probable cause against the respondents
for violation of Section 3(e) of RA 3019 “Anti-Graft and Corrupt Practices Act”
and recommended the filing of corresponding information.
He submits the same to Deputy Ombudsman for the Visayas Primo C. Miro for
recommendation. Miro recommended approval of the Information on June 5, 2003. Acting Ombudsman Orlando Casimiro approved it six
(6) years later, May 21, 2009 and filed it at the Sandiganbayan on June 19,
2009.
No wonder why Atty. Romeo P. Gerochi calls this office of former
Ombudsman Merceditas Gutierrez the Office of Monalisa, a legendary painting of
a beautiful woman obsessed by men whose dreams brought to her doorstep, but they
just lie there and die there without getting results. Atty. Gerochi is right,
the same fate happened to the many cases filed at her office.
Thus, a Motion To Quash was filed with the Sandiganbayan Second Division
on July 9, 2009, by Coscolluela, arguing among others, that his constitutional
right to a speedy trial was violated. And learned of the March 27, 2003
Resolution and Information only, when he received a copy shortly after its
filing with the Sandiganbayan.
He cited that the criminal charges against him were resolved only after
eight (8) years since the complaint was instituted when the speedy disposition
of his case is guaranteed under the Philippine Constitution. His co-respondents Nacionales, Malvas, and Amugod later adopted his
motion.
An opposition to Motion to Quash filed by the Ombudsman on August 7, 2009,
claimed the Information originally dated March 27, 2003, still had to go
through careful reviews and revisions before its final approval. More so, the respondents
never raised any objections regarding the purported delay in the proceedings
during the interim.
The SANDIGANBAYAN SECOND DIVISION, however, recognizes the prejudice
caused to petitioners by the lengthy delay in the proceedings against them. It reprimanded
the Ombudsman that it is their responsibility to expedite the same within the
bounds of reasonable timeliness in view of its mandate to promptly act on all
complaints lodged before it.
As pronounced in the case of Barker v. Wingo: A defendant has no duty to
bring himself to trial; the State has that duty as well as the duty of insuring
that the trial is consistent with due process. It ordered the Sandiganbayan
First Division to DISMISS the case against all the respondents. (G.R. No. 191411). Ombudsman Conchita Carpio Morales may take this lesson
to the heart “to right the wrong” in her office.
To Right the Wrong
Hole of Justice
By
Peter G. Jimenea
TO RIGHT THE WRONG
The injustice of the Ombudsman in this case lies fairly in delayed
resolution than erroneous decision which can be appealed immediately.
Deliberate or not, their delay causes prolonged anxiety to party litigants and
could tie their assets and other properties in litigation.
This explains why the Bill of Rights contains as it is in Art. III of the
Constitution occupies a position of primacy to the fundamental law way above
the articles on government powers. This includes the right of the accused for a
speedy trial of his case.
One final note, the Court values liberty and will always insist on the
observance of basic Constitutional rights as a condition sine qua non against the extremely abusive investigative and prosecutor
powers of the government. Summum jus,
summum injuria – extreme enforcement of law may lead to injustice. (Berico
vs CA, 225 SCRA 562).
Let’s take the case of Rafael Coscolluela a governor of Negros Occidental
for three full terms from July 1992 to June 30, 2001. During his tenure of
office, Edwin Nacionales served as his Special Projects Head, Jose Ma. Amugod as assistant
and Ernesto Malvas, Provincial Health Officer.
On November 9, 2001, the Office of the Ombudsman Visayas received a
letter-complaint dated November 7, 2001 from the People’s Graftwatch,
requesting to investigate the anomalous purchase of medical and agricultural
equipment for P20,000,000.00 which allegedly happened a month before
Coscolluela stepped down from office.
Acting on the letter-complaint, the Case Building Team of the Ombudsman
conducted its investigation. A Final Evaluation Report dated April 16, 2002,
upgrading the complaint into a criminal case was filed. The respondents also filed
their respective counter-affidavits.
On March 27, 2003, Graft Investigation Officer Butch E. Cañares prepared
a Resolution (March 27, 2003 Resolution), finding probable cause against the respondents
for violation of Section 3(e) of RA 3019 “Anti-Graft and Corrupt Practices Act”
and recommended the filing of corresponding information.
He submits the same to Deputy Ombudsman for the Visayas Primo C. Miro for
recommendation. Miro recommended approval of the Information on June 5, 2003. Acting Ombudsman Orlando Casimiro approved it six
(6) years later, May 21, 2009 and filed it at the Sandiganbayan on June 19,
2009.
No wonder why Atty. Romeo P. Gerochi calls this office of former
Ombudsman Merceditas Gutierrez the Office of Monalisa, a legendary painting of
a beautiful woman obsessed by men whose dreams brought to her doorstep, but they
just lie there and die there without getting results. Atty. Gerochi is right,
the same fate happened to the many cases filed at her office.
Thus, a Motion To Quash was filed with the Sandiganbayan Second Division
on July 9, 2009, by Coscolluela, arguing among others, that his constitutional
right to a speedy trial was violated. And learned of the March 27, 2003
Resolution and Information only, when he received a copy shortly after its
filing with the Sandiganbayan.
He cited that the criminal charges against him were resolved only after
eight (8) years since the complaint was instituted when the speedy disposition
of his case is guaranteed under the Philippine Constitution. His co-respondents Nacionales, Malvas, and Amugod later adopted his
motion.
An opposition to Motion to Quash filed by the Ombudsman on August 7, 2009,
claimed the Information originally dated March 27, 2003, still had to go
through careful reviews and revisions before its final approval. More so, the respondents
never raised any objections regarding the purported delay in the proceedings
during the interim.
The SANDIGANBAYAN SECOND DIVISION, however, recognizes the prejudice
caused to petitioners by the lengthy delay in the proceedings against them. It reprimanded
the Ombudsman that it is their responsibility to expedite the same within the
bounds of reasonable timeliness in view of its mandate to promptly act on all
complaints lodged before it.
As pronounced in the case of Barker v. Wingo: A defendant has no duty to
bring himself to trial; the State has that duty as well as the duty of insuring
that the trial is consistent with due process. It ordered the Sandiganbayan
First Division to DISMISS the case against all the respondents. (G.R. No. 191411). Ombudsman Conchita Carpio Morales may take this lesson
to the heart “to right the wrong” in her office.
Thursday, December 4, 2014
Hole of Justice: The Ombudsman G.R. No.191411
Hole of Justice: The Ombudsman G.R. No.191411: Hole of Justice By Peter G. Jimenea The Ombudsman (GR No. 191411) Rafael Coscolluela served as governor of Negros Occidental for ...
Hole of Justice: The Ombudsman G.R. No.191411
Hole of Justice: The Ombudsman G.R. No.191411: Hole of Justice By Peter G. Jimenea The Ombudsman (GR No. 191411) Rafael Coscolluela served as governor of Negros Occidental for ...
Hole of Justice: The Ombudsman G.R. No.191411
Hole of Justice: The Ombudsman G.R. No.191411: Hole of Justice By Peter G. Jimenea The Ombudsman (GR No. 191411) Rafael Coscolluela served as governor of Negros Occidental for ...
Hole of Justice: The Ombudsman G.R. No.191411
Hole of Justice: The Ombudsman G.R. No.191411: Hole of Justice By Peter G. Jimenea The Ombudsman (GR No. 191411) Rafael Coscolluela served as governor of Negros Occidental for ...
Hole of Justice: The Ombudsman G.R. No.191411
Hole of Justice: The Ombudsman G.R. No.191411: Hole of Justice By Peter G. Jimenea The Ombudsman (GR No. 191411) Rafael Coscolluela served as governor of Negros Occidental for ...
The Ombudsman G.R. No.191411
Hole of Justice
By
Peter G. Jimenea
The Ombudsman (GR No. 191411)
Rafael Coscolluela served as governor of Negros Occidental for three full
terms from July 1992 to June 30, 2001. During his tenure, Edwin Nacionales served as his Special
Projects Head, Jose Ma. Amugod as assistant and Ernesto Malvas as Provincial Health Officer.
On November 9, 2001, the Office of the Ombudsman Visayas received a
letter-complaint dated November 7, 2001 from the People’s Graftwatch, requesting
to investigate the anomalous purchase of medical and agricultural equipment for
P20,000,000.00 which allegedly happened a month before Coscolluela stepped down
from office.
Acting on the letter-complaint, the Case Building Team of the Ombudsman
conducted its investigation. A Final Evaluation Report dated April 16, 2002, upgrading
the complaint into a criminal case was filed. The respondents also filed their
respective counter-affidavits.
On March 27, 2003, the assigned Graft Investigation Officer Butch E.
Cañares prepared a Resolution (March 27, 2003 Resolution), finding probable
cause against respondents for violation of Section 3(e) of R.A. No. 3019, or
the “Anti-Graft and Corrupt Practices Act” and recommended the filing of
corresponding information.
On even date, the Information was prepared, signed by Cañares and
submitted to Deputy Ombudsman for Visayas Primo C. Miro for recommendation. Three
months later, Miro recommended approval of the Information on June 5, 2003. Looks
like this case transfigured the Iloilo City Housing Project Scam of 2001.
Acting Ombudsman Orlando Casimiro approved it six (6) years later, May
21, 2009 and filed it at the Sandiganbayan on June 19, 2009. On why the delay,
he has yet to say. But he did the same deliberate neglect to the P137M Iloilo City
Housing Project Scam.
Thus, the criminal case against former Mayor (now congressman) Jerry
Trenas, Treasurer Catherine Tingson, Engr. Edwin Bravo, City Administrator
Melchor Tan and Alex Trinidad the contractor was not yet filed to date and still
floating in the air!
That case has consumed Iloilo city for years yet, seems not good for the
Office of the Ombudsman. It took them five years from 2004 to 2009 groping in
the dark for a probable cause against the above-named accused. Baloney! This
creates an impression without affirming the perception that deliberate or not, the
delay was done in exchange for - you know what!
Probable cause needs only to rest on evidence showing that most likely
than not, a crime has been committed. It
demands more than suspicion and requires less than evidence to justify
indictment. Hence, the unauthorized payment of P43M by Iloilo City Mayor Trenas
to the contractor is already embraced in RA 3019. So who are they kidding?
Back to Coscolluela, he filed a Motion To Quash with the Sandiganbayan on
July 9, 2009, arguing, among others, that his constitutional right to a speedy
trial was violated. He averred that they learned about the March 27, 2003
Resolution and Information only when they received a copy of the latter shortly
after its filing with the SB
He cited that the criminal charges against him were resolved only after eight
(8) years since the complaint was instituted. He cited that the speedy
disposition of his case is guaranteed under the Philippine Constitution.
Nacionales, Malvas, and Amugod later adopted his motion.
An Opposition to Motion to Quash was filed by the Ombudsman on August 7,
2009. It claims the Information originally dated March 27, 2003, still had to
go through careful review and revision before its final approval. And
respondents never raised any objections regarding the purported delay in the
proceedings during the interim.
The SANDIGANBAYAN SECOND DIVISION, however, recognizes the prejudice
caused to petitioners by the lengthy delay in the proceedings against them.
Conversely, it was the Office of the Ombudsman’s
responsibility to expedite the same within the bounds of reasonable timeliness
in view of its mandate to promptly act on all complaints lodged before it.
As pronounced in the case of Barker v. Wingo: A defendant has no duty to
bring himself to trial; the State has that duty as well as the duty of insuring
that the trial is consistent with due process. It ordered the Sandiganbayan First
Division to DISMISS the case against all the respondents.
But the case of the culprits in the Iloilo City Government Housing
Project scam, stayed. After nine (9) long years, the Ombudsman ordered it “SET
ASIDE” only, nothing follows. Never has there been a public official so
derelict and irresolute than acting Ombudsman Orlando Casimiro. I hope people
from that office and Ombudsman Conchita Carpio Morales herself, take his lesson
to the heart.
Hole of Justice: The Ombudsman's Mess
Hole of Justice: The Ombudsman's Mess: Hole of Justice By Peter G. Jimenea A Jurisprudence for the Ombudsman Rafael Coscolluela served as governor of Negros Occidental ...
The Ombudsman's Mess
Hole of Justice
By
Peter G. Jimenea
A Jurisprudence for the Ombudsman
Rafael Coscolluela served as governor of Negros Occidental for three full
terms from July 1992 to June 30, 2001. During his tenure, Edwin Nacionales served as his Special
Projects Head, Jose Ma. Amugod as assistant and Ernesto Malvas as Provincial Health Officer.
On November 9, 2001, the Office of the Ombudsman Visayas received a
letter-complaint dated November 7, 2001 from the People’s Graftwatch, requesting
to investigate the anomalous purchase of medical and agricultural equipment for
P20,000,000.00 which allegedly happened a month before Coscolluela stepped down
from office.
Acting on the letter-complaint, the Case Building Team of the Ombudsman
conducted its investigation. A Final Evaluation Report dated April 16, 2002, upgrading
the complaint into a criminal case was filed. The respondents also filed their
respective counter-affidavits.
On March 27, 2003, the assigned Graft Investigation Officer Butch E.
Cañares prepared a Resolution (March 27, 2003 Resolution), finding probable
cause against respondents for violation of Section 3(e) of R.A. No. 3019, or
the “Anti-Graft and Corrupt Practices Act” and recommended the filing of
corresponding information.
On even date, the Information was prepared, signed by Cañares and
submitted to Deputy Ombudsman for Visayas Primo C. Miro for recommendation. Miro recommended the approval of the
Information on June 5, 2003. Looks like the same mess happened to the Iloilo
City Housing Project Scam of 2001.
Acting Ombudsman Orlando Casimiro approved it May 21, 2009 and was filed
only at the Sandiganbayan on June 19, 2009. The same mess Casimiro has done to Iloilo
City. The case against former Mayor (now Cong) Jerry Trenas, Treasurer Catherine
Tingson, Engr. Edwin Bravo, City Administrator Melchor Tan and contractor Alex
Trinidad was not yet filed and is still floating in the air to date!
The case that has consumed the city for years seems not good for the
Office of the Ombudsman. It took them five years from 2004 to 2009 to find
probable cause against the above-named accused. It creates a bad impression for
these people that the delay was done in exchange for - you know what!
Probable cause needs only to rest on evidence showing that most likely
than not, a crime has been committed. It
demands more than suspicion and requires less than evidence to justify
indictment. An unauthorized payment of P43M by Iloilo City Mayor Trenas to the
contractor is already embraced in RA 3019. So who are they kidding?
The case that has consumed the City of Iloilo for years seems not good
for the Office of the Ombudsman. Look, it took them five years from 2004 to
2009, just to find a probable cause against the above-named accused. Probable cause needs only to rest on evidence
showing that most likely than not, a crime has been committed.
It demands more than suspicion and requires less than evidence that would
justify indictment. An unauthorized payment of P43M plus to the contractor is
already embraced in RA 3019. Culpa lata
dolo a equiparatur – gross negligence is equivalent to malice or
intentional wrong. (Balatbat vs CA, 251 SCRA 128).
On July 9, 2009, Coscolluela filed a Motion to Quash arguing, among
others, that his constitutional right to speedy disposition of cases was violated.
He alleged they learned about the March 27, 2003 Resolution and Information
only when they received a copy of the latter shortly after its filing with the
SB
He cited that the criminal charges against him were resolved only after eight
(8) years since the complaint was instituted and the speedy disposition of his
case is guaranteed under the 1987 Philippine Constitution. Nacionales, Malvas, and Amugod later adopted his motion.
The Sandiganbayan finally recognizes the prejudice caused to the
petitioners by the lengthy delay in the proceedings against them. Conversely, it was the Office of the Ombudsman’s responsibility to
expedite the same within the bounds of reasonable timeliness in view of its
mandate to promptly act on all complaints lodged before it.
As pronounced in the case of Barker v. Wingo: A defendant has no duty to
bring himself to trial; the State has that duty as well as the duty of insuring
that the trial is consistent with due process. All graft-investigators from the
Office of the Ombudsman and Ombudsman Conchita Carpio Morales herself should take
this lesson to the heart.
Saturday, November 29, 2014
Hole of Justice: Mejorada's Evidence
Hole of Justice: Mejorada's Evidence: Hole of Justice by Peter G. Jimenea Mejorada’s Evidence is Strong Senate Pres. Franklin Drilon’s appearance at the Senate Blue ...
Hole of Justice: Mejorada's Evidence
Hole of Justice: Mejorada's Evidence: Hole of Justice by Peter G. Jimenea Mejorada’s Evidence is Strong Senate Pres. Franklin Drilon’s appearance at the Senate Blue ...
Mejorada's Evidence
Hole
of Justice
by
Peter G. Jimenea
Mejorada’s
Evidence is Strong
Senate Pres. Franklin Drilon’s
appearance at the Senate Blue Ribbon Committee during the grilling of Manuel “Boy”
Mejorada by senator-colleagues has thus far shown he is a man, hinting grim possibilities
for the latter’s ICC case to prosper. Out there he shows confidence despite his
badly beaten looks
What’s more, he’s been muttering that
his supporters must gird for war against his accuser, from which they did.
Thus, despite the imperfection their will was done. Having the inherent right
to do so, Mejorada was declared a “persona non grata” by the Iloilo City
Council.
But cui bono? For whose benefit?
For what good? Forwhat purpose? Mejorada could only laugh to the ears. He is
not a member of a foreign diplomatic mission in this country which could be
deprived of the immunity provisions cited in the Vienna Convention on
Diplomatic Relations, under Art. 41 & 42.
Mejorada is a resident-taxpayer of
the city and such declaration could not drive him out without the proper Court
Order. Beside which, the resolution approved by the city council declaring him
persona non grata or “an unwelcomed person” is
a mere recommendation.
The law says; simplex commendatio non obligar – mere recommendation is not
binding. Whether he takes it as an honor or humiliation, popularity or
notoriety, only Mejorada can disclose. But what’s next after the declaration? This
man has a story that everytime he sneezes, everybody catches flu!
But he does not have the monopoly of
a recurring story. Story that neither
stop the coming in nor getting out of the court because of recklessness committed
by public officials. They are dragged into controversies because of their
temerity to commit acts contra bonos
mores- contrary to sound established practice!
Mejorada has waterloo too. Deliberate
or not, he failed to anticipate the killing question raised by Sen. Sonny
Angara whether he has the evidence to prove his allegations. After he said no,
Sen. Drilon nearly jumps to the floor to dance due to over excitement. In chess
parlance, his accuser has committed a big blunder.
Funny indeed, Mejorada’s lawyer
failed to intercede to save him. The question raised by Sen. Angara turned the flow
of the ongoing committee investigation in favor of Sen. Drilon. This is what his
supporters claim hinted at. But the probe is not in aid of legislation but seems
in aid of grandstanding.
Isn’t it grandstanding of a senator
to ask for evidence when after all, he cannot even file a case in Court? Had
Mejorada answered that the evidence is the ICC itself, that could drive the
supporters of Sen. Drilon in the brink of insanity. But an inquiry where the
senators act as both prosecutors and judges is not in aid of legislation but Zarsuela
in itself.
Look, a mere unsigned letter of
complaint sent to the Office of the Ombudsman against public officials involved
in corrupt practices act can propel investigation of that office to ferret out
the truth. But the witness-Mejorada who went out of his cave in going to the
senate to stand as complainant is not needed by humble senators.
Instead, they want evidence when it
is their prime duty to get out of their hole and investigate the truthfulness
of the complaint about the alleged overpriced in government projects. If not,
they have all the resources to create or assign a group to do the job for them.
But why don’t they?
It looks like some of our senators
have heads so hollow you can easily pass the Iloilo Convention Center through
it. Why don’t they first amend their role in the Blue Ribbon Committee to
include the Rules of Court on Evidence? What’s the use of evidence to be presented
when they cannot even file a case in Court?
If the Senate Blue Ribbon Committee
cannot even comply with one-tenth of the Ombudsman role in probing a case, then
why don’t they resign and just go back to their work as senators of the Republic?
Now, as I see it, Mejorada’s evidence here is strong, they are probing
something in aid of grandstanding!
Monday, November 24, 2014
Hole of Justice: Persona Non Grata
Hole of Justice: Persona Non Grata: Hole of Justice By Peter G. Jimenea Persona Non Grata The Violation of R.A. 3019, the Anti-Graf and Corrupt Practices A...
Persona Non Grata
Hole of Justice
By
Peter G. Jimenea
Persona Non Grata
The Violation of R.A. 3019, the Anti-Graf and Corrupt Practices Act plus Plunder
case filed by Manuel “Boy” Mejorada against Senate President Franklin Drilon, earned
for him the title “persona non grata” courtesy of the Iloilo City Council.
In diplomacy, the person declared persona non grata (Latin), literally
means an "unwelcome person." It refers to a foreign person who enters
and remained in a particular country who prohibits him to stay in that country
by its government.
It is the most serious form of censure a country can apply to foreign
diplomats, who are protected by diplomatic immunity from arrest and other
normal kinds of prosecution while staying in that country which censured him.
The case of Mejorada being a resident of the city is different.
Under the Vienna Convention on Diplomatic Relations Article 9, the receiving
State may "at any time and without having to explain its decision" can
declare any member of a diplomatic staff persona non grata or in case there are
more, personae non gratae (plural).
A person or diplomatic staff declared is considered unacceptable and is
usually recalled to his or her home country. Or if not, the State "may
refuse to recognize the person concerned as a member of the official mission”
and may also lose his prescribed immunity.
The case of Mejorada falls under the non-diplomatic use. Referring to
someone as persona non grata is to say that he or she is ostracized. Such person
is for all intents and purposes culturally shunned. In police parlance one who “breaks
the wall” of testifying against fellow officers.
Mejorada did not testify at the Senate Blue Ribbon Committee against anybody
but Drilon on issue of overprice or corruption, Unlike Ramon Bautista, a visiting
comedian declared by the City of Davao a persona non grata for his “hipon joke”
during Kadayawan Festival on August 2014.
"There is a need to let the world know and those that employ Mr.
Bautista that he is an extremely corrupt influence to the youth and his abusive
behavior should not be tolerated," the resolution said. Such declaration
of persona non grata against Mejorada is therefore, have different basis.
In which case, it is proper for Bautista to write his apology in Twitter because
he offended the integrity of the people and the name of Davao as how the former
mayor Sarah Duterte and the city council see it and Bautista has no evidence to
save face!
Besides, Davao City has an Ordinance that prohibits all forms of
discrimination based on sex, gender, identity, sexual orientation, race, color,
descent, national or ethnic origin, and religious affiliations or beliefs. In Mejorada,
no prohibition to expose corruption.
The City government through the city council has the right to express dislike
to Mejorada for what he did by exposing the alleged overprice in the pet project
of Sen. Drilon, the Iloilo Convention Center (ICC). But it is not dignity of
the people and the city government. In fact, this is to protect the taxpayers’
money!
What is there to crow about the persona non grata declaration when
Mejorada can still roam freely around the city that Drilon and wards are so
proud of? Two senators, Serge Osmena and Miriam Defensor Santiago want the investigation
to continue. The message is clear the Senate show must go on!
This writer agrees to the continuation of the investigation as it may
even clear the name of the beleaguered senator. Anyway all these projects the
senator has brought to the city are funded by the people’s money. So let us
know how our money are being spent. So, the probe must go on ex merito justicias - in the interest
of justice!
Wednesday, November 19, 2014
Hole of Justice: Dereliction of the Highest Order
Hole of Justice: Dereliction of the Highest Order: Hole of Justice By Peter G. Jimenea Dereliction of the Highest Order In 2004, a case for Violation of Sec. 3, Par (e) of RA 301...
Dereliction of the Highest Order
Hole of Justice
By
Peter G. Jimenea
Dereliction of the Highest Order
In 2004, a case for Violation of Sec. 3, Par (e) of RA 3019, Anti-Graft
and Corrupt Practices Act was filed against then Iloilo City Mayor now Cong.
Jerry P. Trenas, Melchor Tan, Edwin Bravo, Catherine Tingson and Alex Trinidad.
It stemmed from the failed P137M Housing Project of the Iloilo City
government for the construction of 413 units of low-cost houses of City Hall
employees. The project that started in 2001, ended in 2009 without even a unit
completed.
But the case that has consumed the city for years seems not good for the
Office of the Ombudsman. It took them five years from 2004 to 2009 to find
probable cause against the above-named accused. What a lame excuse and weak
defense to save face!
Probable cause needs only to rest on evidence showing that most likely
than not, a crime has been committed. It
demands more than suspicion and requires less than evidence that would justify
indictment. An unauthorized payment of P43M plus to the contractor is already
embraced in RA 3019. So who are they kidding?
Finally, a year after a new Ombudsman Conchita Carpio Morales was
appointed into office, she approved the resolution recommended by underlings of
former Ombudsman Merceditas Gutierrez a.k.a. Monalisa, for allowing the cases
at her office to lie there and die there without seeing justice.
It reads en toto; “The Information accusing Jerry P. Trenas, Melchor Tan,
Edwin Bravo, Catherine Tingson and Alex Trinidad for Violation of Sec. 3, Par
(e) of RA 3019 as amended, for causing the release of the P43,807,733.33 for
construction works of the ICHP in Pavia, Iloilo, despite reports that
substandard materials were used in the project and defects, deficiencies and
lapses in the work were noted, is HEREBY SET ASIDE.”
SEC. 16, ART. Iii of the 1987 Constitution reads: “All person shall have
the right to a speedy disposition of their cases before all judicial or
administrative bodies. Also SEC. 16, ART. IV of the 1973 Constitution likewise
guarantees the right of all persons to a speedy disposition of their cases.
Finding probable cause is not the reason or justification of the Ombudsman
for delay. Different weights cannot be assigned to different reasons or
justifications invoked by the State, such as failure of the accused to follow
up their pending cases with the office of the Ombudsman.
As respondent, it is not the duty of the accused to follow up the
prosecution of the case. Conversely, it was the responsibility of the Office of
the Ombudsman to expedite the same with reasonable timeliness in view of its
mandate to promptly act on all complaints lodged before it.
A defendant has no duty to bring himself to trial; the State has that
duty, as well as the duty of insuring that the trial is consistent with due
process. A deliberate attempt to delay the trial in order to hamper or
prejudice the defense should be weighted heavily against the State!
A cited petition to dismiss the case filed by respondent to the
Sandiganbayan for unjust delay of the Ombudsman in probing his case for 5 years
was docketed in “Rafael Coscolluela, Petitioner vs. the Sandiganbayan and the
People of the Philippines. (G.R. No. 191411, July 15, 2013). The petition was
GRANTED.
Delay is a two-edge sword. It is the government that must bear the burden
of proving its case beyond reasonable doubt. What if the witnesses in the case
have gone away without informing the litigants of the decision? Time passed makes
it impossible for the government to carry its burden.
The Constitution and the Rules do not require impossibilities or
extraordinary efforts, diligence or exertion from the courts or prosecutors,
nor contemplate that such right shall deprive the State of the reasonable
opportunity to fairly prosecute criminals.
As vanguard against corruption and bureaucracy, the Office of the
Ombudsman must have a system of officials’ accountability to ensure that cases
before it are resolved with reasonable dispatch to equally expose those who are
responsible for its delays, as it ought to determine in this case.
Never had here been officials so derelict and irresolute in the
performance of duty than the Ombudsman and her Deputies. The case that had
consumed the city for ten (10) years should have been dismissed by now. But
mind you, they must also be ready to face the consequence of this act!
Sunday, November 9, 2014
Hole of Justice: The Criminal Lawyer
Hole of Justice: The Criminal Lawyer: Hole of Justice By Peter G. Jimenea THE LAWYER-CRIMINALS In a television talk show hosted by yours truly at Hotel Del R...
Hole of Justice: The Criminal Lawyer
Hole of Justice: The Criminal Lawyer: Hole of Justice By Peter G. Jimenea THE LAWYER-CRIMINALS In a television talk show hosted by yours truly at Hotel Del R...
The Criminal Lawyer
Hole of Justice
By Peter G. Jimenea
THE LAWYER-CRIMINALS
In a television talk show hosted by
yours truly at Hotel Del Rio last Saturday, Novenber 8, 2014, a popular
criminal lawyer Atty. Romeo Gerochi was the resource speaker. We are joined by
co-hosts of the program Joel Estochi and come-backing partner Ompoy Pastrana.
The lawyer disclosed his resentment over
the selective approach to prosecution of the Office of the Ombudsman. I
subscribed to his findings. I am also disgusted with the deliberate injustice
committed by this office as every time we expect a speedy result, we always end
up badly disillusioned.
Atty. Gerochi cited the case of the Pavia
Housing Project of the Iloilo City government. It was a commendable-project but
resulted into a white-elephant. The P137M for the construction of 413 units of
low-cost houses for the poor City Hall employees in 2001, ended in 2009 without
even a unit completed.
Thus, he filed a case for violation of Anti-Graft
and Corrupt Practices Act (RA 3019) against then Mayor (now Cong. Jerry Trenas)
and other City Hall officials involved, including the contractor Alex Trinidad
in 2004. It was followed by complaints of two city councilors on the same
ground. They are Atty. Raul Gonzalez, Jr. and Atty. Antonio Pesina.
But the case that has consumed the city
for years seems not good for the Ombudsman. Until 2009, the end of Mayor
Trenas’ term, nothing has been heard about the case. Never has there been a
government office so derelict and irresolute in performance of duty than the
office of the Ombudsman. For that, Atty. Gerochi called this office of then
Ombudsman Merceditas Gutierrez as the Office of Monalisa.
For the information of young readers, Monalisa
is a legendary painting obsessed by many men who were bewitched by her beauty.
As a song goes; “many dreams had been
brought to your doorstep, they just lie there and they die there.” This
transfigures the many cases filed in the Ombudsman’s Office that seem to die in
the course of time.
After years of dilly-dallying, Ombudsman
Monalis… ehe, este Gutierrez resigned for fear of impeachment. The case was
immediately resolved by the hoping-in-vain Overall Deputy Ombudsman Orlando
Casimiro by indicting former Mayor Mansueto Malabor who just signed the contract
but ordered the Visayas Deputy Ombudsman Pelagio Apostol to further probe
Trenas and wards for probable cause.
My goodness, even a fish vendor can
ascertain that the unauthorized payment of Trenas to the contractor is embraced
in RA 3019, the Anti-Graft and Corrupt Practices Act. Worse, his deliberate defiance
to the two urgent resolutions of the city council to rescind the contract and
sue the contractor to protect the taxpayers’ money were ignored while continue
paying the errant contractor!
But on November 11, 2012, the newly
installed Ombudsman Conchita Carpio Morales approve the recommendation of her
people in the Pavia Housing case. The information accusing Jerry P. Trenas,
Melchor Tan, Edwin Bravo, Catherine Tingson and Alex Trinidad for violation of
Sec. 3 Par (e) of R.A. 3019 rested this way;
That; the case against them for causing
the release of P43,807,733.33 for construction works of the ICHP in Pavia,
Iloilo, despite reports that substandard materials were used in the project,
defects, deficiencies and lapses in the works were NOTED, is hereby “SET
ASIDE.”
SET ASIDE and nothing follows? The
lawyers who recommend this for signing of the irresolute heir of Monalisa
certainly knew they violated the speedy disposition of justice in accord with the
rule of law. They put the case in suspended animation – hanging in the air. This
is a concept of justice at odds with due process. They are lawyers who are already
in the pot but jumped into the fire!
Worse, when Atty. Gerochi asked Mayor
Jed Mabilog to take action against the contractor for recovery of the
taxpayers’ money, his legal officer willfully filed a case against Alex
Trinidad. But curse of Maria Labo’, the complaint against Trinidad has no claim
for damages. This is not what we think a lawyer’s business is all about!
I never give public officials hell, but when
I write about corruption, they feel the heat. Whatever result it may bring, the
Pavia Housing mess is a story that won’t go away. And we perceived its end-game
as niceties of court battles of criminal-lawyers vs lawyer-criminals in the
government. As in Latin, “si vis pacem,
para bellum “ –if you want peace be prepared for war.
Tuesday, November 4, 2014
Hole of Justice: GOV. DEFENSOR CRIES WOLF
Hole of Justice: GOV. DEFENSOR CRIES WOLF: Hole of Justice Peter G. Jimenea Gov. Defensor Cries Wolf It surprised me to see Gov. Art Defensor, Sr. of the Iloilo P...
Hole of Justice: GOV. DEFENSOR CRIES WOLF
Hole of Justice: GOV. DEFENSOR CRIES WOLF: Hole of Justice Peter G. Jimenea Gov. Defensor Cries Wolf It surprised me to see Gov. Art Defensor, Sr. of the Iloilo P...
Hole of Justice: GOV. DEFENSOR CRIES WOLF
Hole of Justice: GOV. DEFENSOR CRIES WOLF: Hole of Justice Peter G. Jimenea Gov. Defensor Cries Wolf It surprised me to see Gov. Art Defensor, Sr. of the Iloilo P...
GOV. DEFENSOR CRIES WOLF
Hole
of Justice
Peter
G. Jimenea
Gov.
Defensor Cries Wolf
It
surprised me to see Gov. Art Defensor, Sr. of the Iloilo Province so mad while
being interviewed on television. I learned it was Kuan Yu who caused his bad
sense on why he seems to run amuck. But is he really riled by the mess of that
contractor?
Gov.
Defensor is not branded a political genius for nothing. He was murmuring from
the start on how Kuan Yu was able to bag the award from government’s PSALM to
undertake the job. It is a contract to clean up the bunker fuel spilled at
Estancia’s shoreline during the lashing-out of typhoon Yolanda last year.
Defensor’s
managerial capacity is way above that of a chief occupant of Capitol. He had
been a USEC of DepEd, PCGG Commissioner and a congressman. Hence, he
understands the protocol of government transactions. This is what we see in the
governor’s cards.
Few
have the faintest idea that Gov. Defensor is a wise gambler. His critics have
never seen any error in Gov. Defensor administration because he is playing his
cards close to the chest. Nobody knows of his game plan. Look, Kuan Yu bagged
the contract without necessary equipment for the job. Yet, despite the residual
imperfection their will was done!
In
fact he could have assigned a group to scrutinize the documents of Kuan Yu and
its capacity to perform the job. Does Kuan Yu have the equipment for this undertaking?
Does it have records or experience doing the same project before? Is its
paid-up capital of P60,000 suffice to qualify in the bidding?
Now
as public clamor began to spring out over the dismal performance of Kuan Yu,
Gov. Defensor immediately shout wolf to save face. But why only now when the
wolf is about to finish eating its victim? Why did Defensor allow this mess to continue
for long? Had he acted earlier, we could have saved a large sum from that P87M
of the people’s money!
I
could have asked Gov. Defensor about Kuan Yu personally. Unfortunately, he does
not want to appear in a small-time TV program like Kape kag Isyu at Hotel Del
Rio. So I have no recourse but to bring this issue out in my column for the sake
of my followers and of the interested reading public.
Not
only that, the still unanswered question in my mind is - what enticed Gov.
Defensor last elections to risk his integrity in joining the traditional politicians
in Garin and Tupas as his earlier claim hinted at? Was it due to his friendship
with Sen. Franklin M. Drilon who is now a star of national controversy?
Look,
after the forged agreement between the three warlords, Gov. Defensor has become
the only rich man in the Capitol full of poor employees. But does he had the
moral ascendancy to govern when he also swallowed his pride to join the people he
claimed corrupt public officials and from which he hated most?
Funny
indeed, the governor cried wolf only when the animal is about to finish eating
the victim or the P87M of taxpayers’ money. I didn’t err in rewriting this Latin line
repeatedly that says, “qui peccat ebrius
luat sobrius”- he who offends when drunk shall be punished when sober!
This
seems true in the case of Manuel “Boy” Mejorada and Senate Pres. Franklin
Drilon, friend of Gov. Defensor. This Mejorada has been peeling-off Drilon in
the mainstream media all over the country. They are fighting a battle with
intensity that when the smoke cleared, one must be dead!
I
don’t know which of Drilon’s stooges in the province and in Iloilo City has the
temerity to jump to his rescue. But as I see it, the senator could pull down
any man who may attempt to help him clear his name from this unwanted trouble created
by underling he claims to have been tapping before at the Capitol.
This
issue about Kuan Yu in local and social media is not in a Senate Session hall
where lawmakers shielded by congressional privilege can slander people merely
by rumors and defective evidence. In this case, anyone involved in this corrupt
deal can be expected to put up a strong defense!
There
is no spanking delivered yet in this issue for somebody’s stupidity. But it
will come in due time without anybody getting wind of it. In the meantime, I
hope to have made your day in this column. He asked for it, unlike me and Dirty
Harry who ask others to make our day!
Sunday, October 26, 2014
Hole of Justice: King Arthur of the Kingdom by the River
Hole of Justice: King Arthur of the Kingdom by the River: Hole of Justice Peter G. Jimenea King Arthur of the Kingdom by the River It surprised me to see King Arthur of the Kin...
Hole of Justice: King Arthur of the Kingdom by the River
Hole of Justice: King Arthur of the Kingdom by the River: Hole of Justice Peter G. Jimenea King Arthur of the Kingdom by the River It surprised me to see King Arthur of the Kin...
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