Category: justice

sanchez, the senate, and the supremes

not surprised that convicted rapist-killer antonio sanchez had his family lobbying hard for his release by whatever means.  plan A: win a grant of clemency from president duterte through the intercession of imeldific political ally, imelda marcos herself, among other luminaries, helped along by his former legal counsel, now presidential spokesman sal panelo’s FYI (for-your-info) to the bureau of pardons and parole (BPP).  but, of course, now that the shit has hit the fan, panelo and imee marcos (for imelda) say their offices are swamped by letters of request for this and that, and everything is simply forwarded / referred to the offices concerned.  really?  no sifting the grain from the chaff, the valid from the invalid, the bongga from the  basura?  walang due diligence?

plan B: avail of the Good Conduct Time Allowance (GCTA) law that the good senators of the 15th congress so conveniently enacted in 2013, and in such ambiguous terms that even an unrepentant sanchez just might qualify, and he almost did, thanks also to the it-would-seem just-as ambiguous implementing rules and regulations (IRR) crafted by then DOJ sec, now detained senator, leila de lima and then DILG sec mar roxas.  in the first senate hearing DOJ sec menardo guevara didn’t beat around the bush:  the law is not clear and needs to be amended.  read Guevara wants GCTA law amended amid controversy.

Guevarra’s proposed amendments include a clear classification of whether the law should be on reformative and rehabilitative side, or punitive or retributive, and clear definition of “heinous crimes.”

“We came to a conclusion that the intent of the law was to exclude those convicted of heinous crimes, as well as habitual delinquents, escapists, recidivists. But that came only after a tedious and laborous harmonization of the various provisions of this law,” he said.

“Had it been clearly stated in one single provision — stand alone provision — that the benefits of this law shall not apply to these classes of people, then we’ll probably not have a conclusion such as what we have now,” he added.

so.  sino nga ba ang mga senador na ito ng 15th congress who are, at bottom, responsible for the crappy GCTA law.  philstar‘s jess diaz did the research and found that some senators who have been holding forth in the senate hearings, fuming now over the almost-release of sanchez, are among the law’s authors.  such as senators frank drilon, ping lacson, bong revilla, francis pangilinan, and tito sotto.  read ‘Expanded good conduct law was Senate idea’.

Senate Bill 3064 was contained in Committee Report No. 82, which the committee on justice and human rights, and the committee on constitutional amendments, revision of codes and laws submitted on Nov. 17, 2011.

The Senate version consolidated eight similar measures on counting the period of detention as part of a prison term and expansion of GCTA as provided in the Revised Penal Code.

The authors of the eight measures were then senators Manuel Villar Jr., Francis Escudero and Miriam Defensor Santiago.

Villar, Escudero, Santiago, and colleagues Loren Legarda, Antonio Trillanes IV, Franklin Drilon, Ramon Revilla Jr., Sergio Osmeña III, Francis Pangilinan, Aquilino Pimentel III, Ferdinand Marcos Jr., Panfilo Lacson, Manuel Lapid, Alan Peter Cayetano, the late Joker Arroyo and Edgardo Angara, Jinggoy Estrada, Teofisto Guingona III and Vicente Sotto III signed Report No. 82.

the four who did not sign: then senate prez juan ponce enrile, senators gregorio honasan, ralph recto, and pia cayetano. it would be interesting to hear why not. did they think it was badly crafted?  did they perhaps foresee that the likes of the incorrigible antonio sanchez could take advantage of the ambiguities?  or did they share marcos sol-gen estelito mendoza’s opinion that the GCTA law undercuts sentences handed down by courts?

Mendoza told senators in Thursday’s hearing that the GCTA, a law enacted in 2013 to fast-track the release of well-behaved convicts and decongest the country’s jails, could create a constitutional crisis.

… “Once rendered, it ( a sentence) is not subject to change. It is immutable. It must be implemented and rendered as executed by the court,” said Mendoza..

“If the congress which grants excessive time allowance which undercuts the judgments of courts, that might be subject to constitutional question because of our basic principle of separation of powers,” said Mendoza.

read also philstar columnist alex magno’s Sloppy.

The good conduct time allowance law, being so sloppily crafted, allows bureaucrats a wide margin of discretion. That is, we know, always bad.

The vulnerability of any bureaucratic unit to corruption correlates with the width of the margin of discretion of its bureaucrats. This is why administrative reforms in the BIR and the Customs Bureau focus on reducing the margin of discretion and increasing transparency of transactions.

The badly crafted good conduct time allowance law, aggravated by even worse crafted implementing rules and regulations, is more than an invitation to corruption. It is an invitation to an orgy.

It is not surprising that early releases of prisoners have become commodities for sale to the highest bidders. The bigger the bribe, the more expeditious the processing.

clearly, sanchez was trying to buy his way to freedom, one crooked way or another, and without paying up the php12 million plus owed the sarmenta and gomez families, as ruled by the supreme court.  i wonder what the supremes have to say about that.

by the way, di ko gets ang prescriptive period of 10 years, which i am willing to assume is meant to favor the victims’ families – they shouldn’t have to wait longer than that? – but what if it turns out to favor instead the convicted rapist-killer who dares defy the supremes and refuses to pay?

di ko rin gets kung bakit hindi napilit, na-obliga, na-compel si sanchez na magbayad, never mind his continued protestations of innocence.  hindi daw siya, si kit alqueza daw ang mastermind sa pagpatay kay gomez; later, si allan jun sanchez daw, anak niyang kauuwi from london studies ang niregaluhan ng eileen, or so says mon tulfo who heard it first from a “prison official” na inuutangan daw ni sanchez para sa nurse who visited him regularly for his health na nabuntis daw niya.  yeah, it gets murkier and sleazier by the day.

so, whose responsibility was it to make sure that the supremes’ ruling was executed?  the executive branch?  or the judicial branch?  both of the above?  senator drilon is right: it is not for the DOJ to invoke the lapsed prescriptive period.  let the DOJ file a case and let the supremes decide.  i’d love to hear “prescriptive periods” defended when it works in favor of the convicted criminal instead.  i wonder what marcos sol-gen estelito mendoza would say about that.

and here’s hoping that former senator juan ponce enrile also weighs in; after all he was the senate prez when that slapdash slipshod law was passed.  and he sure could use the pogi points, too.

marvic leonen: quo warranto “a legal abomination”

I DISSENT.

This Petition should have been dismissed outright and not given due course. It does not deserve space in judicial deliberation within our constitutional democratic space. Even if the Chief Justice has failed our expectations, quo warranto, as a process to oust an impeachable officer and a sitting member of the Supreme Court, is a legal abomination. It creates a precedent that gravely diminishes judicial independence and threatens the ability of this Court to assert the fundamental rights of our people. We render this Court subservient to an aggressive Solicitor General. We render those who present dissenting opinions unnecessarily vulnerable to powerful interests.

Granting this Petition installs doctrine that further empowers the privileged, the powerful, and the status quo.

A better reading of the Constitution requires us to read words and phrases in the context of the entire legal document. Thus, the general grant of original jurisdiction for quo warranto actions to this Court in Article VIII, Section 5(1) should be read in the context of the provisions of Article XI, Sections 2 and 3 , as well as the principles of judicial independence and integrity inherent in a constitutional order implied in Article VIII, Sections 1, 3, 4, 7, 8, 9, 10, 11, 12, and 13 of the Constitution.” G.R. 237428, Republic v Sereno, Leonen J. dissenting.

from cj puno to cj sereno #lookback

cj sereno’s quick rise to the judiciary’s highest post in 2012 was far from auspicious, coming as it did on the heels of the ignominiously controversial impeachment and conviction of her immediate predecessor, cj renato corona, in 2011.

and then, again, the reverse might also be true:  that pNoy’s appointment of sereno was auspicious because it was a matter of righting a wrong — the corona appointment by outgoing prez gloria arroyo was a (post)midnight appointment, expressly prohibited by the constitution; it was for incumbent prez benigno aquino III to appoint the replacement of cj reynato puno who was due to step down may 17 2010.

(Article 7, Section 15) “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”

katatapos ng may 10 2010 elections, obvious winner na si pNoy, pero presidente pa si gloria, when on may 12 she appointed corona sc chief justice — ni hindi pa bakante ang posisyon — with the backing of the puno supreme court, no less (even if puno himself abstained), and some very powerful figures in legal and political circles.

it was the culmination of a scheme initiated as early as december 2009 by arroyo diehard, rep matias defensor, so the backstory goes.  read marites danguilan vitug’s Inside the JBC: The appointment of the Chief Justice in 2010.  

Those who rallied for the appointment of a Chief Justice despite the ban during the election period stood on shaky ground. Their main argument hinged on an imagined scenario that revolved on a forthcoming novel experience. With the country’s first-ever automated polls, they foresaw confusion and a deluge of election protests that would eventually reach the Supreme Court. It was important, therefore, to have a Chief Justice to preside over the resolution of these contentious cases.

more than a decade earlier, says marites, cj andres narvasa was faced with the same kind of pressure but he withstood it.

Chief Justice Andres Narvasa refused to convene the JBC to fill up a vacancy on the Court because it fell during the appointments ban. He fiercely stood his ground despite pressure from Malacañang.”

unfortunately, cj puno was (is?) made of different stuff.

In March … In a 9-1 vote, the Court decided to exempt itself and the rest of the judiciary from the appointments ban. President Arroyo could appoint the next Chief Justice.

so accommodating of cj puno, diba? making an exception for arroyo, on such flimsy grounds, when an acting chief justice would have done as well during the transition.

what if

what if puno had done a narvasa instead.  what if he had stood firm about following the constitution?  he would have saved nation the aggravation and expense (!) of the corona impeachment and trial and, even, this whole sereno shebang.  i guess it tells us whose side former cj puno was really on then, and whose side he’s really on now, as he shepherds the crafting of a draft constitution.  (gma, is that you?)

matakot tayo.  magtanong tayo.  ano ba talaga ang agenda ni ex-cj puno?  who / what convinced him to be part of this scheme to sell charter change and federalism as the solution to all our problems, which are legion and complicated.  does it not bother him that many think him a sad sell-out?  is he?  pa-executive session executive session pa ang consultative commission (just heard it on dzmm).  what’s all the secrecy all about?  what do they think they’re cooking up.  other than more chaos and anarchy, mabuhay ang elite rule?

what if cj puno had insisted, first, on an intense multi-media information campaign, and shown some semblance of taking the time to listen to and discuss with the people.  twould  be great to have a national conversation about this.  and it’s what we need.

but back to cj impeachments  

if puno had not played along with arroyo, and if arroyo had not appointed corona cj when she did, then pNoy would have had to choose from a list that could not have yet included sereno dahil i-a-appoint pa lang niya ito as associate justice in august 16 2010.

malamang ay napilitan si pNoy to choose from the eminently more qualified and next-in-line, and the supremes might not now be so restive and vulnerable to political nudges from left right and center, what a shame.

which brings me to the 2012 sereno appointment and the perception that it was a good, an auspicious, beginning, because a matter of righting a wrong.  i have a real problem with this.

the wrong done was the midnight appointment, the wrong was done by president arroyo with the complicity of cj puno and the supremes.  BUT the wrong found and for which corona was punished — undeclared wealth — had nothing to do with the midnight-appointment itself that was a brazen violation of the constitution.

bakit ganoon ang nangyari?  because no one dared take gma to court?  or it was easier, took less courage, if a lot of money, to find fault with corona, anything that would get him out of the way?

in my final analysis, corona was faulted and removed for accepting the arroyo appointment — he could have said no, it was against the constitution, he’d take his chances with the new prez.  ironically enough, sereno too might well be faulted and removed for accepting the aquino appointment — she could have said no, she was too young, she had no court experience.

neither anticipated that their SALNs would be under scrutiny.  after all, according to senator rene saguisag who helped craft the law, violation of the SALN law was NOT an impeachable offense until the enrile senate sitting as an impeachment court dared declare it so in the 2011 trial.

in any case, pareho lang si corona at si sereno, it would seem.  and she, too, deserves her day/s in court, let the chips fall where they may.

at itigil na please ang quo warranto eklat na iyan, mr. solicitor-general.  nagmamalinis naman masyado ang duterte admin.  after six months of impeachment hearings in the lower house that practically tore apart the cj, let s/he who is without sin cast the next stone.  i would so like to meet him  and shake his hand.

pNoy, erwin erfe, ninoy’s killers

i thought it was just another house of reps dengvaxia hearing, even if rather star-studded with pNoy himself and butch abad sitting next to da janet garin, and across them the kontrabidas (or is it the other way around) PAO’s persida acosta and erwin erfe and tony leachon.  but i was only half-listening, parang i had heard it all before.

i didn’t realize until after, from news reports, that things had heated up pala.  nagkainitan, with dr. erwin erfe’s forensic expertise questioned again and again.  erfe’s response after was to publicly remind aquino: “I reviewed your dad’s murder.”

Defending his credentials, Erfe noted that he was tapped in 2004 to review the forensic evidence in the assassination of Aquino’s father, slain senator Benigno “Ninoy” Aquino, Jr. when his convicted killers sought a re-opening of his murder case before the Supreme Court.

“Noong 2004 po, kinuha po kami ng Public Attorney’s Office para pag-aralan ang assassination ni Senator Ninoy Aquino… Alam po iyun ng dating Presidente,” Erfe told DZMM.

The Aquino camp’s lawyer, former senator Rene Saguisag, had coordinated with PAO experts and presented their findings to the high court, he added.

that night erfe posted on his fb wall:

they humiliated me several times today — Pres Aquino and Cong Lagman. For a moment i thought I was the one under investigation

cryptic, at malaman, ang dating sa akin ng paalala ni erfe kay pNoy that he was part of the 2004 re-investigation of ninoy’s death…  the unsaid being:  meron akong alam…?  it could be just my fertile imagination, but why else would erfe bring up ninoy’s assassination out of the blue, e dengvaxia ang pinag-uusapan.  pNoy as common denominator?

my seniorcit memory bank drew a blank on PAO’s case in behalf of the convicted soldiers in 2004, but in 2009  i blogged on ninoy’s killers.  this was sometime after the release of the jailed soldiers, thanks to president gma’s grant of clemency.  the aquinos were upset because the ex-convicts continued to declare their innocence, point to galman as the culprit, and to danding as the mastermind.

at the time it seemed clear that ninoy was shot sa hagdan pa lang, and given the bullet’s downward trajectory, that the gunman was the soldier behind ninoy.  but now i’m not sure, not after watching this 2003 Saksi segment  NINOY AQUINO Assassination Theories: Did Rolando Galman do it?!  with UP prof jerome bailen who led the PAO team.  the audio is terrible so i transcribed it here.

V.O.  Ayon sa Sandiganbayan… si Constable 1st Class Rogelio Moreno ang napatunayang pumatay kay Ninoy.

Nasa likod ni Ninoy si Moreno nang mabaril ito.  Pero sa pagsisiyasat ni Professor Jerome Bailen, isang forensic expert, mali raw ang interpretasyon ng Agrava Commission na ginamit ng Sandiganbayan para desiyunan ang kaso ng mga sundalo.

Imposible raw na sa kaliwang bahagi ng ulo tatama ang bala kung ang bumaril ay right-handed, tulad ni Moreno.

Ang nakita ni Bailen na posibleng bumaril kay Ninoy ay si Rolando Galman dahil siya ang nasa kaliwa ni Ninoy.

BAILEN:  “Hindi puwedeng si Moreno ang bumaril niyan … it should be from the left.”

VO Imposible rin daw na sa hagdan binaril si Ninoy gaya ng paniniwala ng Agrava Commission dahil kung totoo ito, dapat ay sa harap ng hagdan mismo bumagsak ang katawan ng dating senador.

Natagpuan ang katawan ni Ninoy sa kaliwa ng hagdan, ilang metro ang layo sa hagdanan, na tugma sa sinasabi ng mga sundalo na binaril siya sa tarmac.

Isa pang punto, sa impact daw ng pagsabog ng bala sa ulo ni ninoy, malamang daw na magnum .357 revolver ang ginamit na armas, taliwas sa tingin ng Agrava Board na .38 o .45 caliber pistol ang ginamit.

the davide court, however, refused to re-open the case in 2005, saying that no new evidence was presented by the PAO team.

… we are not moved by petitioners assertion that the forensic evidence may have been manipulated and misinterpreted during the trial of the case. Again, petitioners did not allege concrete facts to support their crass claim. Hence, we find the same to be unfounded and purely speculative.

but check out these videos that raise the galman angle, see / sense why the galman-killed-ninoy school of thought refuses to die.

HISTORY™ (4 of 5) The Assassination of Benigno “Ninoy” Aquino, Jr. 
Who killed Ninoy
Ninoy Aquino Assassination: The Mystery Behind Rolando Galman’s .357 Magnum! 

it would be great to hear it from dr. erfe: why was the PAO team so sure it was rolando galman who shot ninoy?  puwede nga na hindi sa hagdan binaril si ninoy, it just means they went down those stairs pretty fast, or just faster than the prosecution would have us believe.  and the magnum .357 story is so mixed up it makes sense, if you’re trying to hide something.

but but but how does one explain what the crying lady, rebecca quijano, says she saw:  that ninoy was shot on the stairs, by the soldier behind him, which testimony was confirmed by other eyewitnesses and believed by the court.

one theory is, galman was brought in by one faction of the military to kill ninoy sa tarmac, but the soldiers escorting ninoy, from another faction, were given instructions to kill him on the stairs.

posible ba na kinaladkad na lang si ninoy down the rest of the stairs and then some of the way toward the van? habang pinapatay si galman ng iba pang faction?  but then there would be signs of the kaladkaran.  and why ba didn’t they make ninoy sakay in the van right away?  photo-op muna, to show ninoy and his alleged killer galman, and galman’s magnum .357?

the real question is, why is it so unbelievable that galman killed ninoy?  why did the supreme court consider it a “crass claim,” not to be entertained?

actually it’s not galman killing ninoy that’s unbelievable, rather it’s who allegedly set up galman, who allegedly ordered / paid for the assassination.  sabi ng ilang sundalong nakulong, ang salarin daw ay si danding cojuangco, pinsang buo ni cory na number one business crony ni marcos.  ang problema, walang proof against danding.  he has never even had to deny it.  and the courts refuse to hear it.  out of respect ba for cory who refused to believe it?

the aquino children, too, do not believe that danding could have done such a thing, family and all that.  yeah, right.  so defensive for the uncle who allied with the dictator who jailed ninoy for 7 yrs 7 mos.  too bad “family” got in the way of the aquinos, but not in the way of danding?

which brings me back to dr. erfe.  pogi points for him and dr. leachon for being on the PAO side that’s calling out the DOH on conflict of interest; it tells me they’re clean, uninvested in big pharma, or they wouldn’t dare speak out?  i’d like to hear their official report on the alleged dengvaxia-related deaths, undiluted, unedited, uncensored by the PGH and DOH or any of their agencies.

after that, let’s hear from dr. erfe on the ninoy assassination.