Searches and Warrantless Arrest

Hole of Justice
By Peter G. Jimenea

Searches and Warrantless Arrest

We heard so many stories about the conduct of illegal searches and warrantless arrest committed by policemen against poor and innocent individuals. Prior to creation of the Philippine Drug Enforcement Agency (PDEA), this mess is common among scalawags in PNP service.

Sometimes we heard complaints coming from victims who lost money and valuables after they had been served warrant of arrest. In most cases victims are drug-pushers who have been caught and charged but jumped after posting bail for their temporary liberty.

Some escorting policemen during the arrest of the subject person may immediately go inside the house and ransack the drawers and lockers searching for evidence. But if they found valuables and precious personal belongings of the arrested person, these are not reported to authorities.

They failed to understand that what they did was not only illegal search but also robbery, putting the PNP integrity on line. They should know that the right of a person against unreasonable search and seizures is secured by Section 2, Article III of the Constitution which states:

SEC.2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

As a general rule, the procurement of a Search Warrant not a Warrant of Arrest is required before a law enforcer can validly searches or seizes a person, house, papers of effects of any individual. The law attaches  to it ART. III, Section 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. This is not absolute however. The well-recognized instances where searches and seizures are allowed even without a valid warrant are: (Warrantless search incidental to lawful arrest).

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

Search of a moving vehicle. Highly regulated by the government, the vehicles inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity;

The others are: Consented Warrantless Search; Custom Search; Stop and Frisk; Exigent and Emergency Circumstances; Search of Vessels or Aircraft and Inspection of Buildings and other premises for the enforcement of fire, sanitary and building regulations.

Moreover, in a lawful arrest, it becomes both the duty and right of the apprehending officer to conduct a warrantless search not only on the person of the subject but also in the permissible area of the latter’s reached. However, it means an area from within which he might gain possession of a weapon or destructible evidence.

But if the subject person with warrant of arrest was already apprehended and brought outside the house, will the search conducted by the police who immediately swooped down the house after the arrest be justified? Much had been told about this but only few of the arrested pushers complained for fear of feeding police grudge.

This is not what we think police business is all about. The PNP indeed is between us and crime. But the new recruits should undergo a rigid training in education not warfare. Lack of knowledge would only put the integrity of the uniform they are so proud of - in peril!

He sings for his life

Hole of Justice
By Peter G. Jimenea

When one sings for his life

Modern criminals today cannot claim distinction from gangsters of the past like the Sicilian Mafia, the Cocaine Cowboys of Latin America, the French Connection of Augusto Ricord, the Marielitos of Cuba and the like.

Looking back to the era of Federal Bureau of Investigation (FBI) chief J. Edgar Hoover, he angrily denied there is a crime syndicate in the US known as Mafia   But Robert “Bobby” Kennedy, then the Attorney-General, strongly disagrees with him.

Bobby even warned that the Justice Department will go after the big boys of the organized crime as strongly as the Inland Revenue has done. Later, a jailed mob Joe Valachi, has sent an emissary to the Justice Department that he will tell all he knows about the Mafia.

Hoover jumped at the opportunity to agree with his boss without eating all his words. The underworld knew that the FBI chief is being cuddled by the Mafia. Valachi on the other hand, fears that Mafia Boss Vito Genovese wanted him killed in prison thus, sings like a canary.

He says real mobsters call this group “Cosa Nostra,” a term used by Mafiosi in Sicily to distinguish their own particular “families.” Valachi added that Hoover has been aware of this and is closely watching their activities.

Valachi’s confession has helped those investigating the operation of the crime bosses more vividly than what they all wanted to know about. He gave them a detailed insight into the world of the Mafia, naming 137 individual members of the organization.

He also described the breakdown of the New York “families” and their quasi-Masonic rituals of initiation. He stirred up the envy and the deadly killings of rivals that “Lucky” Luciano and allies have done to gain control of organized crime in New York.

Valachi realized it when he sings his song to the Justice Department. He knows that in the mess he’s in, he has no recourse to Court of law for legal settlement of illegal differences. Death is the most logical solution to all judicial problems.

Lucky Luciano whose real name is Salvatore Luciano, joined the mob as a boy under the direction of fellow Sicilian Johnny Torrio. While still a kid, he became friendly with Meyer Lansky a Jewish mob controlling the illegal production of liquor in New York.

His name “Lucky” came after he survived from being “taken for a ride,” returned home with badly cut face after abductors has seized him.  Later, he eliminated Mustache Pete, whose desire for supremacy kept the Sicilian Mafia in gang wars for years.

Luciano also became the first prominent victim of FBI agent Tom Dewey’s crime busting campaign. Two arrested street-smarts testified that their large portion of earnings from illegal trade goes to Luciano. He was meted a long sentence in jail.

During the war, he negotiated with the government from his cell supplying vital information to the US prior their allied landing in Sicily. The deal has reinstated the Mafia, whose power in Sicily was destroyed by Italy’s Mussolini.

Luciano’s supreme importance in the formation of modern syndicate crime was credited to his close-ties with Lansky, which sets aside the Sicilian good views of a crime family affair. Luciano is a full-bloodied Sicilian Mafioso but Lansky is a Jew.

He was right by proving his long-stay with Lansky in underworld business as the remorseless and fearless “Lucky” Luciano. The two has raked financial successes more highly than any of their ethnic rivals with hollow prestige.

The secret of a long alliance by a Sicilian Mafioso with a Jewish mob tells of one thing, they happily enjoyed their similarities but greatly respect the differences. They believed that even in underworld business - cooperation is as important as competition!

Better Late Than Sorry

Hole of Justice

By Peter G. Jimenea

It is better late than sorry!

I was vindicated by the progress of the anti-graft case filed by Iloilo Press Club President Rommel S. Ynion against mayor (now congressman) Jerry Trenas, et al, on the 16.2 hectares land purchased by the city government as a relocation site of squatters.

Cong. Trenas was the city mayor when this land deal took place in 2006. The lot owned by Marilyn Inocencio at San Isidro, Jaro, Iloilo City, was then valued at P2.7M. But after six days, it was bought by the city government for P63.2M. This is what got us so disgusted about.

The case filed by Ynion has triggered the Ombudsman to probe this transaction from where the subplot of bribery came into the picture.  Ynion, however, failed to include the real estate broker, Mr. Efren Gimeo, as accomplice of the crime.

Gimeo played a major role in this land-deal and should have been included in the graft case to shed light on who really get the big slice of the loot. In fact, it was Gimeo who exposed this grossly overpriced deal sometime in 2009.

He even claimed that NHA people have received money too. As to purpose, he has yet to say. But he depicted the boss in this land deal as the commander who saw to it that those who cooperated are rewarded and those who did not are discriminated against.

Taking all his words into consideration, it guaranteed a high level of collusion by public officials who overtly professed what they covertly undertake.  But he hits it right on target. There are now six officials in line to receive the spanking they deserved for their stupidity!

They are Cong. Trenas, City Assessor Nelson Parreno, City Treasurer Katherine Tingson, former ICUPAO head Roy Firmeza, City Councilor Ed Penaredondo and Marilyn Inocencio, the lot owner.

It took more than this writer to transform the issue into what it becomes today. A newspaper headline claims; Trenas Trial Begins, this recurring mess that had consumed the city for years now becomes a good case for the Ombudsman to deal with!

Ynion should also consider the case of Barangay Lanit, another relocation site of squatters. They say it was fully paid but not yet transferred to the name of the city government and something stinks. DAR has a lot of explaining to do in this issue.

A lot with market value of P2.7M bought by the city for P63.2M can drive the honest taxpayers to run amuck. The perceived injustice in this case fairly lies in “delayed decision” than erroneous, which can be appealed immediately.

Gimeo must also stand trial for the early resolution of this case. Going to Court for redress, is a privilege although sometimes, judicial remedies are subject to “over-use”, “misuse” or “abuse.” And this is what we feared most!

Look what the two Deputies of Ombudsman Monalisa ehe, este Merceditas Gutierrez have done to the Iloilo City Housing case. They can only say “SORRY,” but when offended, may prefer to accept money than apology!

If Cong. Trenas is a jar filled with water, they are the small hole under him. The runaround of the Pavia Housing case and the time-extension they gave him are perceived to have opened the hole for the water to trickle down. These expensive privileges will eventually empty that jar.

Some people risk integrity for greed of money. But if endangers to become the casualty, they will spend more to save integrity. Dose of own medicine, as it is written; “he who offends when drunk shall be punished when sober.” Now we see justice in this case. It maybe late but …... see the title!

Hole of Justice: The SC on libel cases

Hole of Justice: The SC on libel cases: Hole of Justice by Peter G. Jimenea My Libel Case This refers to Criminal Case No. C-4493 for libel filed by Fraulen Cordero aka Palpal, e...

Hole of Justice: The SC on libel cases

Hole of Justice: The SC on libel cases: Hole of Justice by Peter G. Jimenea My Libel Case This refers to Criminal Case No. C-4493 for libel filed by Fraulen Cordero aka Palpal, e...

The SC on libel cases

Hole of Justice

by Peter G. Jimenea

My Libel Case

This refers to Criminal Case No. C-4493 for libel filed by Fraulen Cordero aka Palpal, et al, vs, Peter Jimenea et al, about an article citing him as the brain of bank hold-ups in the fourth and fifth districts of Iloilo. He filed the case at the Municipal Trial Court of Pototan, Iloilo. This is my only libel case ever since I started writing as a columnist.

  

Acting thereon, the respondent Judge conducted a preliminary investigation and thereafter issued on September 2, 1998 warrants for the arrest of the herein accused, fixing the bail at P10,000.00 each. 

Consequently, on September 8, 1998, we filed a petition for prohibition with prayer for the issuance of a temporary restraining order and/or preliminary injunction seeking to enjoin the respondent judge or any other officer from enforcing the assailed warrants of arrest.

On October 11, 1999, we filed an administrative case against the respondent Judge for "gross ignorance of the law, grave abuse of judicial functions and authority and issuing patently illegal orders." 


We contended that under Article 360 of the Revised Penal Code, as amended by R.A. No. 4363, the respondent Judge neither has the authority to conduct a preliminary investigation nor to issue warrants for our arrest.


In his Comment dated December 23, 1999, ⁶ the respondent Judge admitted his mistake and explained that the same was his first libel case and that he issued the challenged warrants in good faith.


The judge said that he erroneously relied on a pamphlet of the Revised Penal Code quoting Article 360 which consisted only of four (4) paragraphs without any word on the conduct of a preliminary investigation. 


He also expressed that had his attention been earlier called by the parties, he could have easily rectified the mistake by recalling the warrants of arrest. He added that he had been sufficiently chastised by different issues of our newspaper which publicized his blunder.


The respondent judge stressed that except for this single honest mistake he had never brought dishonor to his family and to the court. For his lapse, he promised to keep himself updated on laws, as well as on jurisprudence and circulars of the Supreme Court. 

In its resolution. the SC states that ignorance of the law, which everyone is bound to know, excuses no one, certainly not judges. Ignorantia juris quod quisque scire tenetur non excusat.

The provisions of Article 360 of the Revised Penal Code, as amended by R.A. No. 4363, on the persons authorized to conduct preliminary investigation in libel cases is so elementary, not to know it constitutes gross ignorance of the law. 

In a Resolution dated April 10, 2002, the First Division docketed the case as a regular administrative matter and required the respondent judge to file his Comment. In respondent’s comment of September 12, 2002, he repleaded his previous comment of December 23, 1999.


Respondent judge also attached therein newspaper articles on the ruling of the Regional Trial Court in the prohibition case, which declared as void the preliminary investigation he conducted and the warrants of arrest he issued.


The Court found the respondent Judge therein who is neither a judge of the municipal court of the city or of the province, guilty of gross ignorance of law for conducting the preliminary investigation contrary to Article 360 of the Revised Penal Code, as amended by Republic Act No. 4363.

In the case at bar, the judge of the Municipal Circuit Trial Court which is not a court in the cities of Iloilo province (Iloilo City and Passi City), nor a court in Iloilo City, had no authority to conduct a preliminary investigation and to issue the corresponding warrants of arrest.

My libel case was eventually dismissed at Branch 69, RTC Dumangas, Iloilo, after one year without hearing as the complainant failed to appear in Court since the filing of the case. I was cleared even before the SC handed down its Resolution of the case.

The Battle of 2013

Hole of Justice

by Peter G. Jimenea

 The battle of 2013

Every time Sec. Raul Gonzalez visits Iloilo City, Cong. Jerry Trenas becomes a paranoid.  Whether he admits or denies it, the truth remains that he is closely monitoring the movement of the man who is once his benefactor.

As a matter of fact, after the secretary left for Manila, he immediately summoned the barangay captains who reportedly took time to see the grand old man. Worse, those he believes already his domesticated political animals are even reprimanded on why they were there in a meeting with Sec.  Gonzalez.

The will to nip the Gonzalezes’ resurgence in the local political arena stinks. But it is also precipitated by the declining alliance between him and Mayor Jed Patrick Mabilog. Despite the latter’s announcement of untainted relationship between them, the aura of suspicion is still in the air.

Cong. Trenas has already learned that there is less “manna” in the Lower House of Congress compared to a local chief executive. When then a city mayor, Trenas has tasted the simulated thrill of spending millions at his discretion. He is a little president who personifies the law of the community, bearable or miserable.

This is what got him so excited to reclaim and rule once again the kingdom he left behind to a subject in Jed Mabilog.  In fact, it was during his reign that he was able to save a family so closed to his heart from the shame of bankruptcy. This is now his obsession to return that made him irrational and no longer open to negotiation.

But Mayor Mabilog had said that a one- term would not suffice to improve Iloilo City he is so proud of. The mayor thus far has shown he is a man – hinting a grim possibility of backing-out from his post. But we know that in last elections, it was the political machinery of Trenas which delivered his victory.

The trend, however, changed a lot. Mabilog is a working mayor and the people now understand the big difference between the working and the studying mayor. What’s more, Mayor Mabilog is not a fool to give a full trust to a comrade widely known for his being ungrateful.

Probably the mayor sees the scenario to be reeking with domino theory. If he has betrayed a benefactor who adopted and made him a respected political figure in the city, why not to the person he believes an expendable subject? Cong. Trenas, Vice Mayor Joe Espinosa and him are bonded by the hearts. But the two have wives related by blood, that’s it. 

This is not just an intrigue because unless a third-force enters the political arena to join the fray in 2013 elections, the battle between Trenas and Mabilog for mayor is done. In this scenario, we see the tandem of Trenas for mayor and Espinosa for congressman, leaving Mabilog groping in the dark for a talent who would join him in this battle.

 Beside which, Mabilog is uncertain of the loyalty of his present barker Jeffrey Celiz, an original stooge of Trenas, handed down to him for support.  Anyone accused of involvement in corrupt deals is expected to put up a strong defense regardless of strategy and in this case, Trenas needs Jeffrey Celiz whom some people in Mabilog camp suspect a DPA (deep penetration agent).

Only the tandem of a perceived third force like the Gonzalez-Jamora-Ynion group can force Trenas and Mabilog to swallow their pride and set aside the ambition of one. In this case, it is believed that Trenas may just opt for reelection in order to keep their grip of the city.

The sad part of the story is for one to lose the opportunity. The three things we can never retrieve in life are; spoken words, time-gone and opportunity. For one obsessed to reclaim his post, this perception is a tragedy. Kamlon the critic even say - goodbye money, very many!

In the event Cong. Trenas decides to run for mayor and Mayor Mabilog won’t agree to run for Congress, this will redound to a political suicide for both of them. This reinforced the saying that in politics, there are no permanent friends or enemies – only personal interests!