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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.