Hole of Justice: This STL Makes My Day

Hole of Justice: This STL Makes My Day: Hole of Justice by Peter G. Jimenea   This STL Makes My Day! A common belief among street-smart; “it is better to be in comp...

This STL Makes My Day

Hole of Justice

by Peter G. Jimenea
 

This STL Makes My Day!

A common belief among street-smart; “it is better to be in company of the devil you know than the devil you don’t.” This slogan reminds me of different stories about the small town lottery or STL operating in Iloilo City for years now.

The permit granted to STL operators to operate its numbers game is exclusively 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 business of the underworld, where there is money, there is competition. It is not a surprise if a “capo” or boss of different organizations will jump into the arena of illegal numbers game to join the dreamers of huge profit. In fact, a lot of life was lost in this kind of business. 

This illegal operation is called “bookies” on the ground that operators don’t pay business permit and income taxes. Operators based the future of their bettors to the raffle draw results of the STL operating legally in the city. Eventually, the bookies also become competitors of the STL operators.

Not only that, bookies can operate clandestinely in nearby municipalities where the legal STL operators cannot. Worse, they can even penetrate the city bettors that rightfully belong to the legal operations of the STL.

But in underworld business there is jealousy, double-cross, treachery, swindling, betrayal and the likes. Thus, other than spending more for personal security and bribe hey also resort to violence and intimidation. But in settlement of personal differences, 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 the publisher of a leading local daily hinted the man is no longer on drugs. But what made him a marked target of that radio commentator?

It is widely believed that STL bettors are becoming scarce due to the operations of bookies. Thus, STL “capos” want the Big-Man out of business. However, they cannot intimidated the Big Man by threats, so a radio commentator was hired to do the dirty job despite his hollow head you can easily pass a tricycle through it.

The paid hacks continued singing about illegal drugs against the Big-Man every night of his life for four consecutive months until nobody listens.  However, in Jaro district, the hang-outs of a bookies operator suspected to have linked with the STL “capos” was raided by authorities.

That raid created an impression without affirming the perception as cause of untimely death of another bookies-operator Jimmy Punsalan, inside his own restaurant in Mandurriao-District. It did not stop there. The worst happened when a good friend of the Big-Man named Jhey-R was shot on his way home after dropping him a visit.

The incident drove the Big-Man in malam partem – in bad sense! He suspects that his adversaries are out to get him too. So, the game begins, the hunter becomes the hunted. It was only a misfortune for his adversaries that they failed to get a background check on who is the Big-Man in the real sense of the world.

The Big-Man may lack academic proficiency but has the managerial capability to control/tame the wildest animal in his turf and beyond – to the crocodiles he cannot command. Now you see? Even in jail people with money have different treatment than you and me.  

When the “hatchet-man” of the “capos” was taken-care of by the Big-Man’s “boys” the “capos” visited the Big-Man one by one hoping for a compromise. They’ve realized that sometimes, cooperation is better than competition and learned too, that anything in excess is bad!

As to what future awaits the abusive radio commentator, nobody 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!

Hole of Justice: A Funny Ombudsman Story

Hole of Justice: A Funny Ombudsman Story: Hole of Justice by Peter G. Jimenea   A Funny Ombudsman Story That Won’t Go Away   In 2001, the Iloilo City government fl...

Hole of Justice: A Funny Ombudsman Story

Hole of Justice: A Funny Ombudsman Story: Hole of Justice by Peter G. Jimenea   A Funny Ombudsman Story That Won’t Go Away   In 2001, the Iloilo City government fl...

A Funny Ombudsman Story

Hole of Justice

by Peter G. Jimenea
 
A Funny Ombudsman Story That Won’t Go Away
 

In 2001, the Iloilo City government floated a P120M bond for the construction of 413 houses of city hall employees. It originated with the RCBC but was cornered by PNB for a P5M interest. As the project starts the P125 accountability with the PNB was transferred to Philippine Veterans Bank (PVB) with a P12M expense for alleged documentation.

The P12M cost for documentation alone can drive an honest bank employee to the brink of insanity. PNB and PVB are just blocks away. It is widely believed this could only be done through collusion of bank and city government officials who easily yield to temptation of greed. Despite the residual imperfection their will was done!

But Ace Builders Enterprise, the contractor, was discovered using substandard materials. This forced the city council to issue two unanimous resolutions urging the mayor to rescind the contract and sue the contractor. But then Mayor Jerry Trenas, now a congressman, ignored them and continued paying the billings of Ace Builders in millions.

Under severe pressure, the contractor abandoned the project but not until he pocketed over P64M. The housing project for lowly city employees that started in 2001, ended in 2009 without even a unit completed. Yet, no case was filed by the mayor against the contractor. On why only God knows!

In 2004, cases against the mayor and others involved In the project were filed by two city councilors Attys. Raul Gonzalez, Jr. and Antonio Pesina. Another lawyer Atty. Romeo Gerochi, also filed one with the Office of Ombudsman Merceditas Gutierrez. But the Ombudsman transfigures the legendary Monalisa where the men’s dream only lye and die there at her doorsteps without any result!

On May 9, 2005, however, those cases were resolved by Graft Investigation and Prosecution Officer I, Pio Dargante. After reviewed by Dir. Edgardo Canton, the cases were recommended for approval by Deputy Ombudsman for the Visayas Primo Miro on May 23, 2005.

On what misfortune, it took five years for Overall Deputy Ombudsman Orlando Casimiro to approve the Consolidated Resolution. In 2005, his Order indicted former mayor Mansueto Malabor who only signed the contract. Yet, he spared Mayor Trenas who is the authorized person to dictate the movement of money from here and there.

On August 10, 2010, Ombudsman Casimiro only proved he has a less-working brain when he ordered Deputy Ombudsman for the Visayas Pelagio Apostol to probe further Mayor Trenas’ involvement in the failed housing project. But even a prudent fish-vendor knew that the defiance of Mayor Trenas to the two city council resolutions is embraced in RA 3019!

Casimiro fears the media on why only Malabor and group had been indicted. As Overall Deputy Ombudsman, did he fail to see a probable cause in involvement of then Mayor Trenas and wards? Here, he only created an impression without affirming the perception that delay in resolving the cases are in exchange for ….. you know what!

Look, probable cause needs only to rest on evidence showing that more likely than not, a crime has been done. The mere unauthorized payment of the mayor to the contractor is already embraced in RA 3019, enough for a first-year law student to believe that an offense charged has been committed. Casimiro has failed to promote efficient service to the people as provided for in Sec. 13 of RA 6770 or the “Ombudsman Act of 1989.”

Lowly employees of the Office of the Ombudsman are most sorely tempted to accept bribe but don’t. Yet, this scam that consumed the city for years seems not good for the Office of the Ombudsman. Worse, after almost a decade, look at the funny decision of the Office of the Ombudsman in cases against Mayor Trenas and wards.

It reads en toto; “The Information accusing Jerry P. Trenas, Melchor Tan, Edwin Bravo, Catherine Tingson and Alex Trinidad for Viol. 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, Deficiences, And Lapses in The Works Were NOTED, is hereby SET ASIDE.” OMG… SET ASIDE and nothing follows? Ha ha ha funny indeed!

Hole of Justice: Contempt of Court

Hole of Justice: Contempt of Court: Hole of Justice By Peter G. Jimenea   P/Supt. Hansel M. Marantan -   (Jurisprudence)   Before the Supreme Court’s Third D...

Contempt of Court

Hole of Justice

By Peter G. Jimenea
 

P/Supt. Hansel M. Marantan -  (Jurisprudence)

 

Before the Supreme Court’s Third Division, P/Supt. Marantan filed a Petition No. 205956 citing Atty. Jose Manuel Diokno, Monique Cu-Unjieng La’o and Ernesto Manzano, respondents, for contempt of court.

 

P/Sinsp. Marantan et al., were also respondents in Crim. Case Nos. 146413-PSG; 146414-PSG and 146415-PSG for the killing of Anton Cu-Unjieng, Francis Xavier Manzano and Brian Anthony Dulay in front of a Hotel at Ortigas Center which was captured by a television crew from UNTV 37, on November 7, 2005.

 

Respondent Monique Cu-Unjieng La’o in the petition filed by P/Supt. Marantan is the mother on the deceased Anton Cu-Unjieng, Atty. Jose Manuel Diokno is her lawyer and Ernesto Manzano, father of Francis Xavier. Mrs. La’o resented the case for Homicide filed against Marantan et al. at the Pasig RTC Br. 265.

 

Together with other petitioners Mrs. La’o filed a Motion for Reconsideration with the Office of the Ombudsman praying among others that the Resolution of the latter downgrading the charges from murder to homicide be annulled and set aside, and that charges for murder be filed. Thus, this  (G.R. No. 199452).

 

On January 6, 2013, however,  a shooting incident happened in Brgy. Lumutan, Atimonan, Quezon Province, where Marantan is the ground commander in a police-military team which resulted in the death of thirteen (13) men. Marantan claim this encounter puts him in bad publicity.

 

He alleges that La’o, Atty Diokno and Ernesto Manzano ride in the unpopularity of the Atimonan incident when they organized a televised/broadcasted press conference with comments on the merit of the case before the RTC, branding him and his co-accused guilty of murder in the Ortigas incident.

 

On January 29, 2013, the press-interview was featured in ABS- CBN News and Marantan quotes a portion as follows: Atty. Diokno: “So lumabas din sa video that the actual raw footage of the UNTV is very long. Ang nangyari, you see the police officers may nilalagay sila sa loob ng sasakyan ng victims na pinapalabas nila that there was a shootout pero ang nangyari na yon e tapos na, patay na.”

 

Ernesto Manzano: “Kung sinasabi nilang carnapper dapat hulihin nila ng buhay yong mga mahal naming and kinasuhan, pero ang ginawa nila, sila mismo na ang nagbigay ng hatol.” Mrs. La’o: “Sinabi nila na may kinarnap siya, tinutukan ng baril, hindi magagawa yong kasi kilala ko siya, anak ko yon.”

 

Mrs. La’o continued: “He (Marantan) is already so arrogant because they protected him all these years. They let him get away with it. So even now, so confident of what he did, I mean confident of murdering so many innocent individuals.

 

Atty. Diokno: “Despite the overwhelming evidence Supt. Marantan and company have never been disciplined, suspended or jailed for their participation in Ortigas rubout, instead, they were commended by their superiors and some like Marantan were even promoted to our consternation and disgust.”

 

The Petition of Marantan failed. There is no parallelism in Ortigas incident and the Atimonan case. There was no violation of the sub judice rules as statements of respondents were legitimate expression of their desires. hopes and opinion taken out of context and did not actually impede, obstruct or degrade the administration of justice.

 

The sub judice rule restricts comments and disclosure pertaining to the judicial proceedings in order to avoid prejudging the issue, influencing the court or obstructing the administration of justice. A violation of this rule may render one liable for indirect contempt under Sec. 3(d) Rule 71 of the Rules of Court.

 

For comment to be considered as contempt of court “it must really appear” that such does impede, interfere with and embarrass the administration of justice. As important as the maintenance of freedom of speech, is the maintenance of the independence of the judiciary.

 

Freedom of public comment should, in borderline instances, weigh heavily against a possible tendency to influence pending cases. The power to punish for contempt, being drastic and extraordinary in its nature, should not be resorted to unless necessary in the interest of justice. In the present case such necessity is wanting. Wherefore, the petition is hereby DISMISSED. (G.R. No. 205956, Feb. 12, 2014)