Probable Cause

Hole of Justice

by Peter G. Jimenea

Probable Cause

The construction of 413 houses for city employees was initiated by outgoing Iloilo City Mayor Mansueto Malabor in2001. A P120M bond floatation to bankroll the project was approved by city officials and the bond was course to the Philippine National Bank (PNB).

It was not implemented until Jerry Trenas became a new mayor on the same year. The project was turned over to him by Mayor Malabor for implementation. Ace Builders owned by Alex Trinidad undertook the construction of the 413 units of houses.

As the construction started, the obligation of the city government to PNB (P125M plus interest) was suddenly transferred to Philippine Veterans Bank (PVB). On why, we have yet to know. But it incurred a P12M expense for documentation alone!

OMG, this P12M travel cost of bank documents in so short a distance from the PNB to the PVB can put the right senses of an honest bank teller and a tax-paying street peddler in the brink of insanity!

This creates an impression without affirming the perception that the costly transfer of the city obligation from one bank to another was motivated by – you know what. A collusion of the highest order by officials who cannot resist the temptation of greed!

As to who shared the amount of loot, only God knows. But the P12M cost of transfer has increased the taxpayers’ burden from the P125M into a new P137M city government obligation to the PVB.

Worse, Ace Builders was found to have been using substandard materials in building the houses. Irked, the city councilors issued a unanimous resolution urging the city mayor to suspend the project and sue Alex Trinidad.

But the contractor abandoned the project. Despite the deliberate breach of contract, Mayor Trenas still paid the billings of Trinidad in millions. Thus, the construction that started in 2001, ended in 2009 without a house completed.

On what misfortune for the taxpayers, a case filed by councilors Raul Gonzalez, Jr. and Antonio Pesina against Mayor Trenas and Trinidad with the Office of the Ombudsman in 2004, was never acted upon by its derelict and irresolute office head, Omb Merceditas Gutierrez.

It was only in 2011, when the Overall Deputy Ombudsman Orlando Casimiro acted on it. But funny indeed, with all the documents at hand, Casimiro has not found any probable cause for Trenas and stooges to be indicted. Only Malabor and group were seen by him as the culprits in this housing mess!

Holy cow, probable cause needs only to rest on evidence showing that more likely than not, a crime has been committed. It demands more than suspicion; requires less than evidence that would justify conviction.

But as the law says there is no general formula or fixed rule for the determination of a probable cause, this depends to a large degree upon the finding or opinion of the one judging it. So, that’s it, in this case the blindfold of justice has a secret hole in one eye!

This scam that had consumed the city for years could lead a prudent and reasonably discreet man to believe that an offense had been committed by the person as the evidence of unauthorized payment is embraced on RA 3019!.

They say when money talks everybody listens. Meaning, so many judges yet, so little justice. Now they have to tolerate brave words to save face. God knows, what is somewhat missing in the empty lives of these people is to die with dignity!

The TRO

Hole of Justice

By Peter G. Jimenea
 

The TRO

Due to paramount public interest, the Lower House prompted to elevate the impeachment of SC Chief Justice Renato Corona to the Senate. This transformed the issue into a crisis. The unwanted event is said to have emanated from the SC’s decision on the Hacienda Luisita case.

Thus, the impeachment and Pinoy saw to it that congressmen who cooperated are rewarded. But CJ Corona’s refusal to be intimidated by impeachment has contributed a lot to the mess. So did the courts and lawyers who fed on one another’s antagonistic ideas which helped stroke the intensity of the issue into a government crisis.

The media waded into areas of private behavior but it is more on enthusiasm than embarrassment. The Lower House of Congress, however, did not. The members’ aggressive tactics guaranteed a high level of hostility and Corona’s supporters are worried of Malacanang’s strategy.

That is argumentum ad populum- an argument aimed to sway popular support by appealing to public sentiment-weakness rather than facts and reasons. Thus, more supporters of Pres. Pinoy are coming out to shout impeachment rather than refrain and this is seen to snowball before the hearing.

True, because the Supreme Court kept on promising good future with bad records of the past. Former CJ Hilario Davide, Jr. was also implicated in corruption on overpriced purchase of the justices chairs worth P250,000 each. And almost all of the SC projects were cornered by his son and daughter.

Also former CJ Artemio Panganiban who pompously said after the ouster of Pres Joseph Estrada that GMA becomes a president due to will of the above. My God, whom is he kidding? Evil it can only be! From Davide to Panganiban down to Corona, we heard nothing about the accounting of the Judiciary Fund and they were the only rich in a room full of paupers!

What compounded the problem is protecting a SC Associate Justice known as the Plagiarist-in-Robe. It was exposed by professors from the University of the Philippines. But when the issue came out, they threatened those lawyers of disbarment. Now those Justices must tolerate brave words to save face!

And here’s the conditional TRO issued by the eight SC Justices. It is conditional as there are still other requirements which were not satisfied. Foremost is the undertaking that should have been signed by CGMA that she will return to face the charges after her medical treatment abroad.

Worse, when CJ Corona got hold of that TRO, he ordered it immediate and executory. But how could it be when all requirements were not complied with? Praesumtio juris – a presumption of law? This is one in which the law thru CJ Corona assumes the existence of something until it is disproved. Yes, the TRO is conditional - all the requirements were not satisfied!

Well, as he is the top magistrate of the Supreme Court, it seems that nobody can correct him. In which case, Congress decided to give him the spanking that he deserves for being stupid. So the Impeachment- not corrective but punitive!

The public should know this as the one thing we all abhor is not a cheap shot. Every time we hope for deliverance of dedicated services, we ended up badly disillusioned. So, we are giving readers more information as tools for them to separate the chaff from the grains in this government!

 Look, this SC spokesman Midas Marquez has also a Midas touch in reverse. What he touched turned not into gold but smack for the Supreme Court. Where is that list of many lawyers who wanted to defend your boss? If none, liar you could only be!

If CJ Corona is feeling glued to his seat, the most logical solution to be drawn is for the good justices to throw that chair out of the window with him. Well, I hope to have made your day in this column, you ask for it. Unlike Dirty Harry and me who ask others to make our day!

Lupanar

Hole of Justice

By Peter G. Jimenea

Lupanar – a house of ill-refute

The tract record of the Office of the Ombudsman speaks for itself. In one of our Sky Cable TV talk show,  Atty. Romeo Gerochi, an Ilonggo lawyer, called this office once headed by Merceditas Gutierrez as The Office of Monalisa.

For young people who knew nothing yet about Monalisa, she is a legendary painting, a beautiful woman obsessed by men that a beautiful song was composed in her behalf. In one of the lines dedicated to her it says; “Many dreams had been brought to your doorstep, they just lie there and they die there.”

So is the story of the Pavia Housing, a low-cost housing project of the Iloilo City government for lowly city hall employees. It was a hand-over project of the outgoing Mayor Mansueto Malabor to the newly elected Mayor Jerry Trenas for implementation in 2001.

On what misfortune, the P137 million for the construction of 413 houses which started in 2001 ended in the last term of Mayor Jerry Trenas in 2009 without a unit built. The contractor, Ace Builders Enterprise was found using substandard materials that the city council resolved to suspend the project and sue the contractor.

The contractor has no other recourse but to abandon the project. Yet, then Mayor Trenas ignored the city council and continued paying the contractor’s billings in millions.


Worse, the city was forced to pay a P17,000 daily bank interest due to the slippage. Another discovered mess is the transfer of the city loan obligation from the PNB to PVB which documentation alone cost the taxpayers P12M (kuno).

So in 2004, two city councilors filed a case against the mayor and the contractor for violation of RA 3019.  But the case brought to the office of Monalis… ehe, este Ombudsman Gutierrez only lie there and seems to die there until she resigned due to threat of impeachment by Congress.

Funny indeed, the superwoman who pledged to give a good fight against impeachment eventually left hurriedly as if a passenger catching the last plane out. Our tragedy is not her going away but leaving us no guarantee that when she steps down all crooks will go with her.

And curse of Maria Labo’, it was her Overall Deputy Ombudsman Orlando Casimiro who took over the investigation of the Pavia Housing Scam. What a surprise too, he indicted former Mayor Malabor and former subordinates while giving plenty of leeway for Mayor Trenas to roam around with smiles to the ears when evidence of his unauthorized payments is embraced on RA 3019!

The approval by Casimiro of this Pavia Hao Shiao case was done right after Monalisa, este Ombudsman Gutierrez stepped down from office. This gives us an impression without affirming the perception that his decision to go fast on Malabor not on Trenas was done in exchange for – you know what!

Lowly employees at the Office of the Ombudsman are most sorely tempted to accept bribe by slipping under the voluminous files the case folder of the giver to delay investigation but don’t.  Casimiro should know that it is easy for a discreet and prudent fish-vendor to believe that an offense charged has been committed by the persons named and sought to be indicted.   


On why Malabor failed to get out of the mess as Trenas does, we have yet to know. We do not question though, such demonic ehe, este Solomonic decision on cases like this. But natural moral law dictates that one’s discretion must be a sound one to be exercised in accordance with the tenets of justice and fair play!

I hope my temper would not go beyond calling this costly-house oficina de los ladrones – an office of thieves. Why? They are giving us false impression of a speedy disposal of cases while actually resulting in more delay - if not a miscarriage of justice!


Well,  let’s see now on how the honorable Orlando Casimiro deals with this new case filed at his office – the relocation site for displaced squatters which came out in a local newspaper to have been valued at P2.7M, yet purchased by the city government at P63.2 million pesos. God knows, SALUS POPULI EST SUPREMA LEX – “the welfare of the people is the supreme law!”

Birds of same feathers

Hole of Justice

by Peter G. Jimenea
 
Birds of same feathers

Supreme Court (SC) Chief Justice Renato Corona approved the issuance of a Temporary Restraining Order (TRO) against the travel ban issued by DOJ Sec. Leila De Lima on Gloria M. Arroyo and husband Mike.

The justices inadvertently overlooked they are inviting trouble. The TRO issued is a drastic move to put ineffective the DOJ hold departure order (HDO) against the couple. Unfortunately, they failed to satisfy the requirements, thus, many believe the DOJ order stands.

Had it not on the immediate filing of Election Fraud, CGMA could have easily got out of the country. It reminds me of former SC CJ Artemio Panganiban after the ousted of Pres. Joseph Estrada. He once said, it is the will of the above that GMA became a president. Now let’s hear from him again on whose will is this plight of his former boss.

Rumor mills didn’t stop grinding overnight that Hacienda Luisita has started this political mess. The pro Corona supporters even suspects that the railroading of impeachment to the Senate was done in haste by congressmen identified with the administration.

Yet, according to Sen. Miriam Defensor Santiago, as long as those pre arranged rules of procedures are followed, ( just because some people think it was done in too much of a hurry) it will not necessarily affect the validity of proceedings. And as the rules were followed, transmittal to the Senate by the Lower House is proper.

Besides, being conditional, there are unfixed glitches in the issuance of TRO by the Supreme Court. The purpose of a TRO is to prevent a threatened wrong and to protect the property or rights involved from further injury, until the issue can be determined after a hearing on the merits.

But there was no hearing conducted so as to determine the validity of the TRO on merits.  Besides, it is strictly confined to individual right and personal interest of the former president. Now, what about the national interest of the majority and their right to demand justice?

Taking all the equities of this case into consideration, this writer firmly believes legal interest should be factual and material, direct and immediate, not simply contingent or expectant. But this was done by justices of the High Tribunal, an entity whom we cannot impose ruling or enforce penalty.

Under Section 5, Rule 58 of the 1997 Rules of Civil Procedure, a TRO may be issued only if it appears from the facts shown by affidavits or by a verified application that great or irreparable injury would be incurred by an applicant prior the writ of preliminary injunction.

But look who suffered the great injury or irreparable damage. Is it CGMA and family or the majority of citizens in this country? This is a very simple question that would lead a reasonably prudent man to believe that an election offense had been committed by the accused.

As enunciated in Baltazar vs. People, the task of the presiding judge when the information is filed with the court is first and foremost to determine the existence of a probable cause. All reasons contrary thereto or inconsistent therewith should be ignored.

Probable cause needs only to rest on evidence showing that more likely than not, a crime has been committed by the accused. In this case, it demands more than suspicion and requires less than evidence that would justify conviction.

But CJ Corona overtly professes what he covertly undertakes. He has yet to say about the Judiciary Fund Allowance at his discretion. Clandestinely taking what rightfully belong to others is thievery. But look, lot of lawyers volunteered to help him for free. Wow! Birds of the same feathers - flock together!

Tragedy for the Liberal Party

Hole of Justice

by Peter G. Jimenea
 

Sen. Drilon - the eventual loser

 

Barring untoward circumstances, we’ll hear the buzzer for 2013 elections next month. All presidential contenders are expected to have already prepared their line-up to field in the upcoming battle.

One is Sen. Franklin Drilon who contacted all mayors of the Second District of Iloilo for a conference at Hotel Del Rio, last Saturday, December 17, 2011.  It is for the giving of Cong. Augusto Syjuco’s CDF directly to them. What a pompous show of leadership.



The PDP Laban of Vice President Jejomar Binay is likewise seen preparing for a good fight. Not to be left behind is the KAMPI Party of now jailed Congw. Gloria Macapagal Arroyo, whose fate depends largely on the results of the upcoming two elections.

The 2013 election results could also be a crystal ball of the presidential battle in 2016. As noted Sen. Drilon had been bringing with him bulk of projects to the city and province of Iloilo as part of the plan. It’s not surprising being a close ally of Pres. Pinoy.

What’s more, Drilon is often seen with Sen. Mar Roxas, the perceived standard bearer of the Liberal Party in 2016. It is widely believe, however, that he could not be in tandem with the latter as they are both from Western Visayas.

All that he can do is to campaign hard for the Liberal Party’s presidential bet to win in 2016. He had worked with all the prior presidents and he fears to lose this privilege. But it is easier said than done. Foremost, he has to conduct first a loyalty check in his backyards – the Region 6.

But as noted, his local bets in the city have been affected by the non-stop issue of corruption that reeks with domino theory. Add to this misery is the growing popularity of VP Binay among the masses which is very alarming for the Liberal Party he loved most now.

Worse, his two protégées in Iloilo City, Cong. Jerry Trenas and Mayor Jed Patrick Mabilog who pompously claim they are still united cannot hide from observant political animals their camaraderie with a distance as if one carries a contagious disease.  

Cong. Trenas should now forget his dream of returning back as the city’s chief executive because Mayor Mabilog as easily gleaned, would not concede. Thus, Sen. Drilon mediates to maintain his grip on the two leaders and to preserve the gained political foothold of the Liberal Party in the city.

But the entry of Sen. Jinggoy Estrada as Vice President of Binay is another cause for alarm of the Liberal Party. The Estradas have proven last elections that they still have the bulk of loyal supporters. VP Binay, on the other hand, excelled the popularity of Pinoy in the latest survey.

It’s really alarming. But the nightmare of the Liberal Party is the survey for the most popular senator. Sen. Roxas was only in the 6^th placed while Sen. Francis Escudero bagged the number one spot.  So there is no guarantee that Roxas is a strong standard bearer of the Liberal Party.

The tragedy of the administration is when only two political parties will slug it out in 2016, the Liberal Party of Roxas and the PDP Laban of Binay. CGMA knew that like Pres. Pinoy, Sen. Roxas doesn’t like her and Drilon too, who is closely allied with them. A torment for CGMA if the president-elect is a Liberal Party!

Few have the faintest idea that KAMPI Party has still followers and can forge an alliance with the PDP Laban to ensure Binay’s victory but, on certain conditions. A pardon by the next president is a dreamed heaven of CGMA and family. And who says this is impossible?

Sen. Drilon who only have a heart for mayors, congressmen and governors is the eventual loser. He always snubbed his lowly constituents and now they are returning to him the favor with a vengeance. The “snubbing” by local media of his presscon last Saturday, December 17, is already a vital document by which I shall judge him!

Roast in Peace

Hole of Justice

By Peter G. Jimenea

Roast-in-Peace

The murder story of brothers Roderick and Mark Newall in 1987, transfigures the brutal murder of a Chinese businessman, his wife and young daughter that happened in their-mansion at General Luna Street, Iloilo City few years ago. There was no sign of forced entry, nor theft as the police earlier claim hinted at.

Police investigators believed it was an inside job done by culprits who knew their way around the house. The only difference is that Nicholas Newall and wife Elizabeth disappeared from their home after their sons had visited them for a champagne dinner to celebrate Mrs. Newall  48^th birthday.

On the other hand, the Chinese, his wife and daughter were found dead inside the house. As what the police claimed of the Newalls’ murder, the suspects in this Chinese case are also his two sons. The eldest when interviewed that very day is suspiciously acting like high on drugs.

From minute bloodstains found in the house of the Newall, police deduced that they were killed there. But the place had been scrupulously cleaned up and dried out with traces of mopping in every corner. The same idea was found to have been used by the killers in the Chinese, wife and daughter’s murder.

Roderick and Mark inherited their parents’ wealth when it was assumed they were dead. The 66-foot yacht the family owned went to Roderick who immediately sailed out to the sea and his brother Mark went to Paris for good.

But five years later, in 1992, the Royal Navy frigate Argonaut arrested the 26-year old Roderick at sea and took him to Gibraltar. New evidence was presented to the courts in a move to extradite him. Mark who is a resident of Paris was also slapped with extradition proceedings.

Roderick fought the proceedings desperately trying to have a tape-recording excluded which apparently implicated another person and himself in the murder of his parents. Since his arrest Roderick has made three suicide attempts.

In the case of a Chinese businessman, his two sons who are suspects in the gruesome murder were arrested and sent to jail. The RTC Judge hearing the case recommended no bail for them. But with the help of a popular lawyer from Manila hired by their grandmother, there case was mitigated.

It was reversed by the Court of Appeals (CA) and the accused were entitled to bail. It only reinforced the widespread public belief that the CA is controlled predominantly by appellate justices who cannot resist the temptation of greed. Foremost as impression without affirming the perception is the contemptuous issuance of TRO for a fee.

Worse, elevating a grievance to this court for redress, opens the privilege for the few ( if I may borrow the term used by former President Joseph Estrada) hoodlums-in-robe, that sometimes judicial remedies are subjected to “over-use,” “misuse” or “abuse.”

What is saddening in this story of murder committed by the children against parents is the motive that propelled them to kill – money! The Newall brothers Roderick and Mark did it for inheritance. The same motive forced the sons of a Chinese businessman to kill him, his wife and young daughter.

But after the CA reversed the RTC decision, the suspects were released. Though we know for a fact, that even in jail people with money have different treatment than you and me. However, the victims’ family elevated the CA’s ruling to the Supreme Court for review. -

They believed many people were affected by the Appellate Court’s decision. The RTC judge, the family of the victims, the relatives, friends and the peaceful citizens of the city who condemned this crime, hoping that justice will be served soonest possible.

Well, in its ruling of 2010, the SC set aside the CA’s resolution and upheld the RTC judge’s decision. The suspects were sent back to jail extra ordinem –beyond the ambit of appeal. Stare decisis – Court stands firmly by things that were decided on cases with similar facts that have been resolved in the past. If electric chair is still in use for parricide cases, in this one I say….. see the title!

Crying to God for Punishment

Hole of Justice

By Peter G. Jimenea

Crying to God for punishment!

In 2006, an injustice happened to RA 3019 filed by Atty. Romeo Gerochi at the office of Monalisa ehe, este Ombudsman Merceditas Gutierrez against Mayor Jerry Trenas (now congressman) et al. His case transfigures the men’s dreams in the song Monalisa, they just lie there and die there.

Injustice lies fairly in “delayed” rather than “erroneous” decision which can be appealed immediately. The Housing Project for city employees was approved during the last term of Mayor Mansueto Malabor in 2000 and was turned over to Mayor Trenas for implementation.  

Bankrolled by the P120 million bond floatation of the Iloilo City government, it is guaranteed by IRA or the Internal Revenue Allocation. The bond was bought by the Philippine National Bank (PNB) for a maturity amount of P125M.

The construction of 413 houses was awarded to Ace Builders Enterprises owned by Alex Trinidad. When started in 2001, the mayor has no say in the payment as Trinidad forwards his billings direct to PNB for payment of accomplished job.

Direct bank payment to contractor deprived the mayor the standard operating procedure or SOP. It means the temerity of a winning contractor to compensate the public official of what he never lost.

But they say that if there is a will there is a way, so, the P125M obligation of the city government to the PNB was suddenly transferred to the Philippine Veterans Bank (PVB) without the public getting wind of it.

PNB is just two blocks away from the PVB, yet, the paper trail from one bank to another cost P12M as documentation – kuno. Sus gino-o, this could put the right senses of an honest taxpayer in the brink of insanity!

Again, the case for the discovered substandard materials used by the contractor in the project has nearly drive Councilor Raul Gonzalez, Jr. and Antonio Pesina to run amuck. Their case filed at the Ombudsman’s Office only lie there and died there too.

In fact, they have once passed a unanimous resolution urging Mayor Trenas to rescind the contract and sue the contractor. Trinidad abandoned the project but still, Mayor Trenas continued paying his billing in millions.

Despite the slippage, the contractor pocketed P64M plus. The city also paid the bank interest of P17,000 plus per day including holidays for over a year. God knows, lowly city hall employees are most sorely tempted to steal but don’t!

The construction of 413 houses that started in 2001 ended with Trenas term in 2009 without a unit completed. Yet, look at the decision of the Overall Deputy Ombudsman Orlando Casimiro – a selective approach to prosecution. Now he  has to tolerate brave words to save face!

Only Malabor et al, were indicted. Trenas is still walking tall sporting a smile to the ears. It is widely believed though, that the latent defect in the decision was deliberately ignored by Casimiro in exchange for – you know what!

In this selective approach to prosecution, Mayor Trenas got off the hook easily than Malabor does. Judicial remedies are subjected to “over-use”, “misuse” or “abuse.” But they should know that injustice to taxpayers is a crime and..… see the title!