Hole of Justice: Crime Does Pay

Hole of Justice: Crime Does Pay: Hole of Justice By Peter G. Jimenea   Crime does pay!!   Iloilo Press Club past Pres. Rommel S. Ynion has filed a graft c...

Crime Does Pay

Hole of Justice

By Peter G. Jimenea

 

Crime does pay!!

 

Iloilo Press Club past Pres. Rommel S. Ynion has filed a graft case against mayor (now congressman) Jerry Trenas, et al, for the grossly overpriced 16.2 hectares land purchased by the city as relocation site for squatters.

 

Trenas was still the mayor when this deal took place in 2006. It is an agricultural land situated at San Isidro, Jaro, Iloilo City, first valued at P2.7M but was bought later by the city government for P63.2M.

 

On why, only God knows. But no Ombudsman report as a result of their probe where the subplot of bribery stinks. The real estate broker exposed this in 2009 irked by the prodding of influential people wanting to have a share of the loot!

 

The boss as he described is Capone of his time. He sees to it that those who cooperated are rewarded and those who did not are discriminated against - a collusion of crooks who overtly professed what they covertly undertake.

 

He also said that those involved in this contemptuous deal are the city mayor, the city treasurer, the city assessor, the ICUPAO head, a city councilor, the lot owner and himself (the real estate broker) too.

 

It took me too much time transforming the issue into what it becomes today – a scroll that forms the basis of blasphemy. This recurring mess that had consumed the city for years seems not good for the Ombudsman as no crooks has received the spanking they deserved for this stupidity!

 

A relocation site of squatters at Barangay Lanit, Jaro, Iloilo City is also said to have been paid in full but to date the title was not yet transferred to the city government. DAR officials may have something to say about this!

 

That is not only what we are looking for. Here’s another for the heart, the Iloilo City government low cost housing project at its own lot in Pavia town, Iloilo. Its construction was a big sorry and that city government lot is now endangered of becoming the last casualty!

 

To recall, the project was bankrolled by the P120M loan for the construction of 413 units of houses for poor city hall employees. It started in 2001, first term of mayor Trenas and ended in 2009 without even a unit standing and completed. A hao shiao!

 

Worse, the Ombudsman found no probable cause to indict the mayor in this project. Even a fish vendor can say the unlawful payment of the mayor to the contractor violates R.A. 3019, or the Anti-Graft and Corrupt Practices Act.

 

What’s more, the Ombudsman-Visayas knew that lowly city hall employees are the most sorely tempted to steal but don’t. Yet, he fears to touch the cases filed by the taxpayers against the errant local officials at his office.

 

Senator Franklin Drilon, whether he admits it or not, is widely believed the one coddling and protects the undesirable underlings he had been tapping. But this tolerance to misdeed is malum in se - evil in itself!

 

Worse, they cling to power by election cheatings. This CPP-NPA claim is shared by the media. This is a crime that cries to God for justice.  Qui peccat ebrius luat sobrius – he who offends when drunk shall be punished when sober. God knows….. see the title!

 

 

Hole of Justice: A Messy Police Business

Hole of Justice: A Messy Police Business: Hole of Justice By Peter G. Jimenea                                                       A Messy Police Business   Somew...

A Messy Police Business

Hole of Justice

By Peter G. Jimenea           

                                         

A Messy Police Business

 

Somewhere in this city, a prisoner with pending case escaped from jail and the police jail guard on-duty was in hot-water. He is already in the brink of insanity when he found an absurd way to get out of the mess he’s in.

 

A friend-judge helped him with a solution so simple. Pay the amount of the recommended bail bond for the temporary liberty of the escapee, post it to the court and presto, problem solved!

 

Yaaaks…Capone of their time. The police jail-guard got-off the hook easily than the police in this story did - SPO3 Jenny Zacarias, Criminal Investigation Service of the Western Police District Command, Manila.

 

Jenny was tasked to guard Alfredo “Joey” de Leon, leader of the notorious “Red Scorpion Group.” Unfortunately, De Leon escaped from his cell with another prisoner Nicanor Atractivo, who is charged in a robbery with homicide case.

 

On how De Leon escaped, Jenny has yet to say. But it spawned the filing of a case for inefficiency in the performance of duty against him. Under par. (c), Section 42 of R.A. 6975 or the PNP Law, the charge is a ground for Summary Dismissal.

 

And so it was. But the order of the PNP chief was contested by Jenny. He averted that the Summary Dismissal Order against him was without due process and based merely on substantial evidence.

 

As a result, this police mess has travelled a long way from the PNP Chief to NAPOLCOM, the National Adjudication Board (NAB) and to the Court of Appeals, until it finally reached the Supreme Court.

 

Section 42, Summary Dismissal Powers of the PNP Chief and Regional Directors: After due notice and summary hearings, they may immediately remove or dismiss any respondent PNP member in any of the following cases;

 

(a)           When the charge is serious and the evidence of guilt is strong.

(b)           When the respondent is recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges.

(c)            When the respondent is guilty of conduct unbecoming of a police officer.    

 

Jenny contends the charges neglect of duty, inefficiency and incompetence in the performance of official duties charged against him cannot be classified under any of the three cases enumerated above.

 

Hence, without due process and the PNP Chief and the (NAB) cannot dismiss him summarily from the service. But the essence of due process is simply an opportunity to be heard or, as in administrative proceedings, the opportunity to explain. In fact, the motion for reconsideration of Jenny has already cured all the defects of due process.

 

Conduct unbecoming of a police officer refers to any behaviour or action of a PNP member in his official capacity, which dishonours himself and seriously compromises his character in a manner that indicates a corrupt state of moral character;

 

It may also refer to acts or behaviour of any PNP member in his unofficial or private capacity that compromises his position as a police officer and exhibits himself as unworthy to remain a member of the organization.

 

Substantial evidence; “relevant evidence that reasonable mind may accept as adequate to support conclusion. The CA cannot substitute its own judgment or criterion for that of the administrative body in determining where lies the weight of evidence or what evidence is to believe.” (Velasquez vs. Nery, 211 SCRA 28,34,35)

 

Thus, the SC upheld the decision of both the NAB and the Court of Appeals in confirming the order of the Chief PNP for the summary dismissal of PO3 Jenny Zacarias from the police service. (G.R. No. 119847, October 24, 2003).