Showing posts with label department of justice. Show all posts
Showing posts with label department of justice. Show all posts
Tuesday, November 22, 2011
On the legality of the DOJ-COMELEC panel, and what this could mean regarding GMA's arrest
It is my understanding that, this afternoon, the SC will deliberate on the petition filed by Mike Arroyo questioning the legality of the creation of the DOJ-COMELEC panel. Based on the findings of this panel, the COMELEC filed the electoral sabotage case last Friday. If at some point the SC declares the panel unconstitutional then the warrant of arrest issued by the RTC court where the case against Arroyo was filed will be without force and effect. The arrest warrant will be rendered void. I fear that this will be the final outcome, and I pray I am wrong.
Wednesday, November 16, 2011
Make sure Arroyos come back to face charges
We remind the Supreme Court and the Department of Justice that it is the government's obligation to ensure that the Arroyos return to the country to face the charges already filed against them.
For the sake of the credibility and image of the Supreme Court, I hope that with their decision, the safeguards they have put in place will be sufficient to ensure that the Arroyos return because if they do not, then the Supreme Court must be prepared to take the flak from a public disgusted with abuse and corruption in government.
If they flee, it would be a slap on the face of the Blue Ribbon Committee which recommended the filing of graft charges against the former First Gentleman.
Also, the report on the PCSO investigation by the (Blue Ribbon) Committee is being finalized. The efforts of the committee would be for naught should they flee. Also it was recommended by the 13th Congress that GMA be held accountable in the mismanagement of the fertilizer fund during her term, as well as her involvement in the ZTE-NBN scandal.
The Senate itself has an interest in ensuring that the Arroyo couple does not flee, considering the time and effort we put into the investigation and, more importantly, the findings of wrongdoing that require accountability on their part. The senate has been criticized in the past as conducting investigations that lead to nowhere. If the Arroyos flee and refuse to return we would again have another set of investigations that would be for naught. The ZTE-NBN controversy, the fertilizer scam, the PNP choppers controversy all cry out for closure, all investigated by the Senate, all needing accountability on the part of the Arroyos.
It is in the interest of the Senate as an institution to view the matter of the right to travel of the Arroyos in a broader sense. We sifted through the evidence. We sat through hundreds of hours of testimonies. We secured documentary evidence as proof of wrongdoing. We were even brought to court on the issue of executive privilege precisely because we were interested in the truth. Given all these, we ought to do more than just accept the argument that the Arroyos are free to leave the country and that we cannot do anything about it. The same goes for the Supreme Court. The people deserve the truth and it may again evade us as if we allow the Arroyos to leave the country despite the fact that legal proceedings have already been instituted against them.
For the sake of the credibility and image of the Supreme Court, I hope that with their decision, the safeguards they have put in place will be sufficient to ensure that the Arroyos return because if they do not, then the Supreme Court must be prepared to take the flak from a public disgusted with abuse and corruption in government.
If they flee, it would be a slap on the face of the Blue Ribbon Committee which recommended the filing of graft charges against the former First Gentleman.
Also, the report on the PCSO investigation by the (Blue Ribbon) Committee is being finalized. The efforts of the committee would be for naught should they flee. Also it was recommended by the 13th Congress that GMA be held accountable in the mismanagement of the fertilizer fund during her term, as well as her involvement in the ZTE-NBN scandal.
The Senate itself has an interest in ensuring that the Arroyo couple does not flee, considering the time and effort we put into the investigation and, more importantly, the findings of wrongdoing that require accountability on their part. The senate has been criticized in the past as conducting investigations that lead to nowhere. If the Arroyos flee and refuse to return we would again have another set of investigations that would be for naught. The ZTE-NBN controversy, the fertilizer scam, the PNP choppers controversy all cry out for closure, all investigated by the Senate, all needing accountability on the part of the Arroyos.
It is in the interest of the Senate as an institution to view the matter of the right to travel of the Arroyos in a broader sense. We sifted through the evidence. We sat through hundreds of hours of testimonies. We secured documentary evidence as proof of wrongdoing. We were even brought to court on the issue of executive privilege precisely because we were interested in the truth. Given all these, we ought to do more than just accept the argument that the Arroyos are free to leave the country and that we cannot do anything about it. The same goes for the Supreme Court. The people deserve the truth and it may again evade us as if we allow the Arroyos to leave the country despite the fact that legal proceedings have already been instituted against them.
Wednesday, November 17, 2010
The Maguindanao Massacre trial should be broadcast LIVE in the interest of the public
On November 23, we will be commemorating the first year of the most gruesome massacre in recent Philippine history. The Maguindanao massacre, as we now call it, claimed 57 lives--over half (34) of which were of journalists who were there to cover an election-related story.
Just yesterday, DOJ Secretary Laila de Lima was quoted by news reports as saying that the Maguindanao Massacre trial would speed up soon, with twice-a-week trials instead of just weekly trials.
I believe that having the trial twice a week is the right step to take. Furthermore, I believe that it would be in the best interest of our judiciary to have transparency in the judicial process, especially in such an unprecedented case of brutality that captured the attention of the international media. The Constitution recognizes the right of the people to public information on matter of public concern.
If we have it twice a week, and if we make that transparent by broadcasting the trial live, then that would facilitate the speedy dispensation of justice because the court knows that the whole world will be watching.
I have thus filed Senate Resolution No. 186, "expressing the sense of the Senate that the Maguindanao Massacre trial should be made public through radio and television coverage of the court proceedings."
We also would like to caution the courts to not play into the delaying tactics of the defense.
The prosecution has 227 witnesses while the defense has 373. May mga nababalita pang mga delaying tactics. Hindi yata maganda ang tinatakbo ng kaso. Isang taon na ang nakalipas. Namatayan na nga tayo ng isang prosecutor (Senior State Prosecutor Leo Dacera died of a heart attack Nov 4, 2010). Kung gagapang ang kaso ng matagal, e tila 'di natin makakamtan ang tunay na hustisya.
My fear is that this dark moment in our history will be trivialized as years pass. The government is duty-bound to uphold the rights guaranteed by the Constitution. While the accused is entitled to due process, the victims, their families and more importantly, the public also have the right to be informed of the actual, transparent and impartial court proceedings.
Just yesterday, DOJ Secretary Laila de Lima was quoted by news reports as saying that the Maguindanao Massacre trial would speed up soon, with twice-a-week trials instead of just weekly trials.
I believe that having the trial twice a week is the right step to take. Furthermore, I believe that it would be in the best interest of our judiciary to have transparency in the judicial process, especially in such an unprecedented case of brutality that captured the attention of the international media. The Constitution recognizes the right of the people to public information on matter of public concern.
If we have it twice a week, and if we make that transparent by broadcasting the trial live, then that would facilitate the speedy dispensation of justice because the court knows that the whole world will be watching.
I have thus filed Senate Resolution No. 186, "expressing the sense of the Senate that the Maguindanao Massacre trial should be made public through radio and television coverage of the court proceedings."
We also would like to caution the courts to not play into the delaying tactics of the defense.
The prosecution has 227 witnesses while the defense has 373. May mga nababalita pang mga delaying tactics. Hindi yata maganda ang tinatakbo ng kaso. Isang taon na ang nakalipas. Namatayan na nga tayo ng isang prosecutor (Senior State Prosecutor Leo Dacera died of a heart attack Nov 4, 2010). Kung gagapang ang kaso ng matagal, e tila 'di natin makakamtan ang tunay na hustisya.
My fear is that this dark moment in our history will be trivialized as years pass. The government is duty-bound to uphold the rights guaranteed by the Constitution. While the accused is entitled to due process, the victims, their families and more importantly, the public also have the right to be informed of the actual, transparent and impartial court proceedings.
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