News peg: “Police fired fallen passengers’ guns in Atimonan shootout — NBI report xxx Policemen involved in the January 6 bloodbath that left 13 people dead at a checkpoint in Atimonan, Quezon were seen firing the fallen men’s guns – ‘one by one into the air and other directions.’ “
Without prejudice to the filing of complaints/ charges upon a finding of prima facie case for any acts of premeditated killings or killings with treachery, or superior strength, or with armed men, or by weakening the defense of persons to afford impunity (murders, for each count) or homicide if not attended by any of the circumstances constituting murder, the following provisions are also pertinent for the acts of contaminating the crime scene, e.g., one count for each alteration of the evidence, i.e., one count for each firing of the weapons that are evidence or part of the crime scene (each count punishable with six years prison)
PD 1829, Obstruction. “Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:
xxx
“(b) altering, destroying, suppressing or concealing any … object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases;
xxx
“(f) making, presenting or using any … object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;
xxx
“(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court.
“Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the penalties provided thereunder, suffer perpetual disqualification from holding public office. xXxx”
“Post” connotes letters and mail, but when you post in the internet, i think it’s in the context of: when the internet was originally compared to a big, big bulletin board system, such that everytime one uploads anything in the web, it was generally called posting — a post — like posting a note on a bulletin board; like… a poster — i’m just guessing, why don’t you do a thesis on it. (Although in your dashboard, it says “publish”, “edit” and “update”, not post.)
when you now click the wordpress blog that was here/ that is here, it will direct you to this domain name marichulambino.com
you can use either, it will just gently slide to the domain name. Happy….sliding
Newspeg: The Supreme Court in a Jan. 17 two-page minute resolution upheld the Ombudsman’s dismissal of the criminal complaint filed by former solgen Frank Chavez against former president Gloria Macapagal Arroyo, et al. in connection with the Overseas Workers Welfare Administration (OWWA) fund in 2004.
Here’s the announcement of the Supreme Court at their website:
“In a two-page minute resolution dated January 17, 2013, the Supreme Court effectively upheld the Office of the Ombudsman (Ombudsman)’s dismissal of the criminal charges filed by former Solicitor General Francisco I. Chavez against former President Gloria Macapagal Arroyo, et al. in connection with the alleged misuse of Overseas Workers Welfare Administration (OWWA) funds in 2004.
xxx
“In his Petition for Review on Certiorari under Rule 45, Chavez, among others, sought the reversal of the assailed Ombudsman rulings approving the resolution of a Department of Justice (DOJ) Panel of Investigators that recommended the dismissal of malversation charges against Arroyo for the alleged illegal transfer of P530,382,445 in OWWA Medicare Fund to the Philippine Health Insurance Corporation (PHIC) and of the $350,000 from the OWWA Capital Fund to several labor attachés in the Middle East during the US-Iraq crisis. (Chavez v. Arroyo, GR Nos. 203884-85, Min. Res., January 17, 2013)”
Lawyers say they’ve been pinkslipped when they get this kind of “decision”/ “resolution”– it’s usually two paragraphs, the rest of the page/ space being taken up by the title, the names of the parties, addresses, the cc’ed names again, the names of the participating justices.
A petition for review and certiorari under Rule 45 — i don’t know about you, but Rule 45 petition for review is not easy for me.
This kind of “appeal” raises only questions of law and review is not a matter of right but of “sound judicial discretion”. The following are the pertinent rules of procedure:
“Rule 45. Sec. 6. Review discretionary.—A review is not a matter of right, but of sound judicial discretion, and will be granted only when there are special and important reasons therefor. The following, while neither controlling nor fully measuring the court’s discretion, indicate the character of the reasons which will be considered:
“(a) When the court a quo has decided a question of substance, not theretofore determined by the Supreme Court, or has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme Court; or
“(b) When the court a quo has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision. (4a)”
