Hole of Justice: The Judge

Hole of Justice: The Judge: Hole of Justice By Peter G. Jimenea   The Judge’s Verdict Few years ago, a Filipino-Chinese businessman, his wife and young ...

Hole of Justice: The Judge

Hole of Justice: The Judge: Hole of Justice By Peter G. Jimenea   The Judge’s Verdict Few years ago, a Filipino-Chinese businessman, his wife and young ...

Hole of Justice: The Judge

Hole of Justice: The Judge: Hole of Justice By Peter G. Jimenea   The Judge’s Verdict Few years ago, a Filipino-Chinese businessman, his wife and young ...

Hole of Justice: The Judge

Hole of Justice: The Judge: Hole of Justice By Peter G. Jimenea   The Judge’s Verdict Few years ago, a Filipino-Chinese businessman, his wife and young ...

Hole of Justice: The Judge

Hole of Justice: The Judge: Hole of Justice By Peter G. Jimenea   The Judge’s Verdict Few years ago, a Filipino-Chinese businessman, his wife and young ...

The Judge

Hole of Justice

By Peter G. Jimenea
 

The Judge’s Verdict

Few years ago, a Filipino-Chinese businessman, his wife and young daughter were found murdered in their-mansion at General Luna Street, Iloilo City. The police claimed no sign of forced entry or theft as motive of the crime.

In an interview with the Iloilo City police chief, he disclosed it was an inside job by culprits who knew their way around the house. The sad part of this story is the room where they were found dead seems to have been mopped up to cover the crime.

From the few bloodstains found inside the house, the investigator knew they were killed there. But the place had been scrupulously cleaned-up and dried out with traces of mopping in every corner.

The police theorized the prime suspects in this Filipino-Chinese case are his two sons. According to the chief, the eldest son during interview by investigators had been acting like high on drugs. He even told him that his idols are Adolf Hitler and Saddam Hussien!

As prime suspects in the gruesome murder the brothers were arrested and sent to jail. The RTC Judge hearing the case recommended no bail for them. But with the help of their grandmother who hired a popular lawyer from Manila, the case was appealed.

It was eventually reversed by the Court of Appeals (CA) and the accused were granted bail for temporary liberty. Due to such result, we cannot easily dispel the erroneous public suspicion that money talks to mitigate the murder case into homicide.

What’s more, by that time the Court of Appeals had a bad reputation due to the issue of TRO for sale! This bad image of CA justices is a story that won’t go away You didn’t see but even in jail people with money have different treatment than you and me!

Elevating a grievance to the court for redress is a privilege for the poor litigants that sometimes, judicial remedies are subject to “use” “over-use,” “misuse” or “abuse.” Oh my God, lowly Court employees are most sorely tempted to accept bribe but don’t!

A heart-breaking point in this children’s motive to kill their parents is a wanton desire for money. A childless Chinese businessman and his Filipina wife adopted a boy who later killed his Chinese businessman-father when they argued about money.

But the Filipina wife developed her love to the grown up boy as a real son that she decided to protect him by cleaning up the room with bloodstains and the police were surprised how the room where the Chinese businessman was shot in the mouth by his adopted son was in proper order.

The worse happened when this killer son and the two suspect-brothers in the gruesome death of their father, step-mother and half-sister became buddies. It is widely believed that they learned from him the style of clearing the murder-scene before the police arrive.

In its ruling of 2010, the Supreme Court set aside the CA’s resolution and upheld the RTC judge’s decision of no-bail. The brothers were not able to flee and were sent back to jail while the case is being heard. But the grandmother did not stop looking for remedies to save her two grandsons.

Just few days ago, I was shocked to hear that the brothers were exonerated by the trial judge hearing the case. I am sure the police director who ordered the thorough investigation of the case will be stunned too, upon hearing this result.

But as the law says, Courts have prerogative to relax procedural rules of even the most mandatory character. Not only that, the Court has also a discretion to dismiss or not as a power not duty. For a judge, it is always safer in acquitting than in punishing. (Pp vs. Lizada, 225 SCRA 708).