Hole of Justice: August 2013

Sunday, August 25, 2013

Hole of Justice: Unholy Alliance

Hole of Justice: Unholy Alliance: Hole of Justice By Peter G. Jimenea Unholy Alliance The merging of three political forces from the North, the South a...

Unholy Alliance

Hole of Justice

By Peter G. Jimenea

Unholy Alliance

The merging of three political forces from the North, the South and Central Iloilo during the last election has created a new formidable team of warlords under one cage. But this early I can say, a hollow camaraderie has a short-live unity.

This consolidation of forces of Emperor Arthur Defensor Sr. with King Niel Tupas, Sr. of the Coastal-North and Oscar Garin, Sr., the Wizard of Sur in Southern Panay, is a handiwork of Sen. Franklin M. Drilon and DILG Sec. Mar Roxas to ensure the victory of the Liberal Party in Iloilo.

Funny indeed, for what kind of discipline and friendly relations can develop among the three wild and carnivorous animals placed in one cage? Sus gino-o, they may behave only if, their trainers, the senator and the secretary are around.

But what if the two turn their backs away from the irreverent gaze of the three senior stooges? As noted, this is too early, yet, an animosity between the emperor and the lone heir of Oca, the Wizard of Sur, has already started.

Emperor Arthur accused Prince Richard of unwillingness to cooperate with his administration. The prince is said to have supported another candidate other than the emperor’s anointed choice in the Philippine Councilors’ League (PCL) election few weeks ago.

Prince Richard, the lone heir of the Wizard of Sur, retorted by claiming they were not consulted by the emperor of his plan to field a candidate. So, this verbal tussle. Why? The election result is alarming for Emperor Arthur.

Despite his strong political foothold in the four-fifth of the province namely the second, third, fourth and fifth districts, the emperor’s choice for the PCL seat won only by a margin of three votes against the bet of Prince Richard from the First District.

Oca, the Wizard of Sur can only smile to the ears as the election result for the PCL is sending a strong signal to the emperor that his kingdom at the First District is still something to reckon with. This was proven by the accomplishment of his fast learning son, Prince Richard.

Surprisingly, King Niel of the Coastal-North is silent about the existing animosity between his two partners in the unholy alliance of the “Great Pretenders.” Surely, each has already the faintest idea on what it feels to sleep with the enemy in bed.

But greed for power compelled them to unite unwillingly under the umbrella of the administration. Beside which, how can they refuse if the threat of isolation is imminent? Who among them wants to be left behind in the perceived future battle to rule the Capitol?

For sure nobody wants to be out from the moneyed-world of politics. Although the three political warlords are “seniors,” each has a junior to inherit the kingdom widely believed sourced from the taxpayers’ money.

Look, Emperor Arthur has a son in Cong. Arthur “Toto” Defensor, Jr. of the Third District. Oca the Wizard of Sur has also Cong. Prince Richard Jr. of the First District and King Niel has son Cong. Niel “Junjun” Tupas, Jr., representing the Fifth District.

They are representing their constituents in Congress which was lately branded as casa del ladrones – house of crooks. Out there, they may also get the best education of their lives in preparation for the royal-rumble in the new world of their own.

I smell a rapidly developing distrust among the great pretenders in Emperor Arthur of Central-Iloilo, King Niel of the Coastal North and Oca, the Wizard of Sur in Southern-Panay. As easily gleaned, their appearance in public gatherings is always tainted with hypocrisy of the highest order.

Well, election 2016 is fast approaching. Nobody knows what the great pretenders have in mind for this new era. But if their unholy alliance comes to an end before the campaign period begins, then my claim makes sense!

Hole of Justice: Integrity in Peril

Hole of Justice: Integrity in Peril: Hole of Justice By Peter G. Jimenea Aksyon Radyo Under Attack The PNP is indeed between us and crime. But policemen must have a c...

Integrity in Peril

Hole of Justice

By Peter G. Jimenea

Aksyon Radyo Under Attack

The PNP is indeed between us and crime. But policemen must have a continuing education because we have plenty of police officers who, deliberate or not, have stepped-over-the line of pardonable behavior. This

is alarming.

Last Saturday evening, a PNP-SWAT team raided the broadcast station

of Aksyon Radyo and declared that all people in the room are suspects and under arrest. But instead of reading to their suspects the Miranda Doctrine, the police maltreated them like criminals.

Not only that. They even ordered the two male employees to undress. On why, they have yet to say. But it creates a bad impression without affirming the perception that some SWAT personnel desire to see the hidden toys, not firearms of the male employees.

I don’t want to think that some uniformed SWAT personnel are also members of the Federacion de las Aguilas. Their raid of the broadcast station is allegedly in pursuit of a person who escaped to this building after committing a crime at SmallVille.

Is this claim valid enough to get them off the hook easily? I think the SWAT team should train more on police matter than warfare. The SC is keen in observance of the basic Constitutional rights as a condition sine qua non against unlawful arrest and the awesome investigative powers of the police.

The presumption of regularity in the performance of duty by a police officer cannot by itself override the constitutional right of the citizens to be secured in person, houses, papers and effects against unlawful search and seizure.

A Search Warrant, not a Warrant of Arrest is required before the law enforcers can validly search or seize a person, house, papers or effects of any individual. The law attaches to it ART. III Sec. 3 (2) of the Bill of Rights that any evidence obtained in violation of this section shall be inadmissible in Court.

This might be one of the reasons why so many drug cases that had been filed were dismissed by the Court. The well-recognized instances where search and seizure are allowed even without a valid warrant -are warrantless search incidental to lawful arrest.

The elements are: a) prior intrusion based on the valid warrantless arrest in which the police are present in pursuit of their official duties; b) the evidence was discovered by the police who have the right to be where they are; c) the evidence must be immediately apparent; and d) the plain view justified seizure of evidence without further search.

This reminds me of a former chief of police of Ajuy, Iloilo. He arrested a barangay chairman in the turf of the latter for illegal possession of firearm. Sad to say, the SC eventually declared that his position was nullius juris – without support of law.

He lost, but I gave him the credit for this land mark decision; “In the performance of his peace and order functions, the Brgy. Captain is entitled to possess and carry firearm within his territorial jurisdiction subject to appropriate rules and regulations on possession and carrying of firearms.” ( G.R. No. 190569, April 25, 2012).

We noticed that the SWAT raid in Aksyon Radyo dressed in full battle gear is like an action packed police operation that when the smoke cleared all suspects must be dead. They should know that extreme enforcement of law may lead to injustice. (Berico vs. CA, 225 SCRA 562).

The PNP hierarchy must take a drastic move to curb this problem. This is a threat to police integrity. If we let go the problem unabated, it will only redound into a scroll that forms the basis of blasphemy. Well, I hope to have made your day in this column. You ask for it, unlike me who asks others to make my day!!

Thursday, August 22, 2013

Hole of Justice: Purely Police Business

Hole of Justice: Purely Police Business: Hole of Justice By Peter G. Jimenea Purely Police Business Supreme Court: “In the performance of his peace and order functions,...

Purely Police Business

Hole of Justice

By Peter G. Jimenea

Purely Police Business

Supreme Court: “In the performance of his peace and order functions, the Punong Barangay is entitled to possess and carry firearm within his territorial jurisdiction subject to appropriate rules and regulations on the possession and carrying of firearms.” ( G.R. No. 190569, April 25, 2012).

This land mark decision can be trace back to August 6, 2008, when P/Insp. Ariel S. Artillero, Chief of Police of Ajuy, Iloilo and his two policemen arrested Lanjagan Punong Barangay Edito Aguillon,for carrying an Armalite rifle with license card but no permit to carry firearm outside the residence (PTCFOR).

A case for illegal possession of firearm was filed against Aguillon by the arresting officers. In his Counter-Affidavit, the barangay captain claimed he is authorized by law to carry firearm within his area of jurisdiction but was unlawfully arrested and detained by the police officers.

The case drags for almost four years until this land mark decision was handed down by the SC acquitting Punong Barangay Aguillon. But it did not end there as Aguillon filed criminal and administrative cases against P/Insp. Artillero.

There were allegations that the police officer has committed violation of domicile against some residents of Barangay Lanjagan and are now being prepared to be slapped against him. The other is a kidnapping case that name P/Insp. Artillero the respondent.

I smell something wrong in the continuing filing of cases against the police officer that somebody wants to make his life miserable. Could that somebody be a person badly offended by P/Insp. Artillero? This is what got me so interested to know about.

One that should be taken into consideration is the alleged violation of domicile against P/Insp. Artillero. Perhaps, the police officer may have inadvertently overlooked that he has committed an act or acts against the law.

As laid down, the Supreme Court values the liberty of the citizens and will always insists on the observance of the basic Constitutional rights as a condition sine qua non against the awesome investigative and prosecutory powers of the government.

The presumption of regularity in the performance of duty cannot by itself override the constitutional right of the citizens. The right of the people to be secured in person, houses, papers and effects against unreasonable search and seizure shall be inviolable.

A Search Warrant, not a Warrant of Arrest is required before the law enforcers can validly search or seize a person, house, papers or effects of any individual. The law attaches to it ART. III Sec. 3 (2) that any evidence obtained in violation of this section shall be inadmissible in Court.

This might be one of the reasons why so many drug cases that had been filed were dismissed by the Court. It’s not absolute though. The well-recognized instances where search and seizure are allowed even without a valid warrant are warrantless search incidental to lawful arrest.

Elements are: a) prior valid intrusion based on the valid warrantless arrest in which the police are present in pursuit of their official duties; b) the evidence was discovered by the police who have the right to be where they are; c) the evidence must be immediately apparent; and d) the plain view justified seizure of evidence without further search.

The PNP is indeed between us and crime. But policemen must have a continuing education. We already heard a lot of police officers who deliberate or not, have stepped-over-the line of pardonable behavior. This is a shame to the PNP uniform they are so proud of!

What fate awaits P/Insp. Artillero, nobody knows. But this mess has changed his life from being the hunter to the hunted. This is purely police business but I hope to have made your day in this column. The time asks for it, unlike me who waits for others to make my day!

Thursday, August 15, 2013

Hole of Justice: Who Ordered the Killing of Jimmy?

Hole of Justice: Who Ordered the Killing of Jimmy?: Hole of Justice By Peter G. Jimenea Who ordered the killing of Jimmy? I was shocked by the news that Jimmy Punzalan w...

Hole of Justice: Who Ordered the Killing of Jimmy?

Hole of Justice: Who Ordered the Killing of Jimmy?: Hole of Justice By Peter G. Jimenea Who ordered the killing of Jimmy? I was shocked by the news that Jimmy Punzalan w...

Hole of Justice: Who Ordered the Killing of Jimmy?

Hole of Justice: Who Ordered the Killing of Jimmy?: Hole of Justice By Peter G. Jimenea Who ordered the killing of Jimmy? I was shocked by the news that Jimmy Punzalan w...

Hole of Justice: Who Ordered the Killing of Jimmy?

Hole of Justice: Who Ordered the Killing of Jimmy?: Hole of Justice By Peter G. Jimenea Who ordered the killing of Jimmy? I was shocked by the news that Jimmy Punzalan w...

Hole of Justice: Who Ordered the Killing of Jimmy?

Hole of Justice: Who Ordered the Killing of Jimmy?: Hole of Justice By Peter G. Jimenea Who ordered the killing of Jimmy? I was shocked by the news that Jimmy Punzalan w...

Who Ordered the Killing of Jimmy?

Hole of Justice

By Peter G. Jimenea

Who ordered the killing of Jimmy?

I was shocked by the news that Jimmy Punzalan was shot dead at his restobar in Boliland, Bolilao, Mandurriao, Iloilo City. As reported, he was watching TV when gunned down by two assassins. Two days before the incident he sent me this text message:

“TIME is definitely more precious than money and there is nothing common between them. We can’t accumulate time, we can’t borrow time, we can never tell how much TIME we have left in the bank of life. TIME is LIFE. Let’s enjoy and spend it with the family. Happy Family Day, good morning.” – JIMMY

Jimmy is a long-time friend and we often met at Red Paprika, one of the popular restaurants in Boardwalk. His constant companion is “Toto” Supremo, likewise a friend and we always share table with Melvin “Boyet” Odicta, Sr., the restaurant owner.

Sometimes, the topics are about illegal numbers game and I am only confined to listening as I am not a gambler. One time, in a long table we occupied, Jimmy invited “Boyet” in our presence to be his partner in this venture but the latter declined.

Odicta said; “Jim you are capable to run it alone. I’m already out of illegal numbers game. Besides, business partnership between friends can sometimes destroy a good relationship. So, it is much better if we just remain friends.”

We eventually realized he is correct. From then on, Jimmy is always present in Odicta’s birthdays and in other family occasions. Together with Supremo, they also frequented the place of Odicta in Brgy. Daga, Sta. Barbara and we often met there during my collection of his TV ad payment obligation.

Not only that. Odicta and Jimmy were even seen at Barangay Esperanza-Tanza, enjoying a camaraderie with the few residents (who are my friends, too) in a drinking session. Having no illegal business to talk about, theirs was a smooth sailing friendship. I know Jimmy’s buddy “Toto” Supremo subscribes to this.

The police claimed they have already the names of the suspects. But everybody is still groping in the dark on who ordered the killing. Two media people went to Antique to interview Gov. Exequiel Javier about Jimmy’s death but declined the interview saying they are no longer interested in this case.

This writer believes the Javiers have nothing to do with Jimmy's death. I have the same honest belief that Odicta has no idea about the murder of Jimmy. There was nothing wrong with their friendship to plan the killing of a friend. In short, there was no angle to link “Boyet” Odicta in this case.

Other than his Gov. Evelio Javier murder case, Jimmy at one time told me that he had once shot a man at “Ihawan restaurant” in Solis St., Iloilo City. The man died but he was able to settle the case by paying the family. Other than that I also knew he had offended lot of people when drunk.

Being in construction business, this compounded the problem of the police. If Jimmy has offended somebody beyond forgiveness, his death did not solve the problem. Surprisingly, few popular personalities had suddenly disappeared in the city after the incident.

On why, we have yet to know. But the killing of Jimmy to get even is a concept of justice at odds with due process. Unfortunately, in the underworld business there are jealousy, swindling, double-cross and betrayal that if one’s character is destiny - that decides his fate.

In criminal syndicates, members are sometimes fighting each other for control of the trade or illegal activities in a turf. They failed to discover the secret of a long alliance between the notorious Sicilian Mafioso Lucky Luciano and Jewish mob Meyer Lansky who believed - that cooperation is sometimes better than competition!

But not here in this case. Despite the long experience of Jimmy as a constable, he failed to scrutinize his vicinity for hibernating enemies. He forgot that people engaged in illegal activities have no recourse to Court of Law for legal remedy in settlement of differences. Thus, death is their most logical solution to all judicial problems.