Leila de Lima case, Frenchie Mae Cumpio case, Rey Casambre, Vic Ladlad cases: Timid judges terrorized by the former administration and rules of criminal procedure being used to defeat constitutional guarantees and civil liberties of the innocent: Proposed urgent reforms here
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The incarceration of former Leila de Lima for six years on false testimony, the continued detention for three years now from witness-less searches by the police resulting in the sudden apparition of explosives in the house, with delayed bail petition hearings, of broadcast journalist Frenchie Mae Cumpio (former editor-in-chief of U.P. Tacloban student publication UP Vista) and human rights workers Mariel Domequil and Alexander Philip Abinguna, U.P. graduates, and the continued imprisonment for five years now of peace consultants Rey Casambre and Vic Ladlad, and more, on false testimony and who are covered by immunity from arrest and detention guaranteed by the government itself for their participation in the peace talks (the JASIG, Joint Agreement on Safety and Immunity Guarantees),
bring to the fore the following urgent legal, administrative, and judicial reforms that need to be instituted so that never again shall rules of criminal procedure and timid judges terrorized by the previous administration be used to defeat the civil liberties of innocent people that these rules are supposed to safeguard:
1.Bail Petition hearings should be held on continuous daily trial with no motions for continuance/deferment/postponement allowed, and concluded and terminated within one month from detention of the accused-detainee otherwise the accused-detainee shall be released on bail recommended. 35 words: legal-administrative-judicial reform. This can be implemented by mere judicial fiat (an SC circular or even an Executive Judge circular or a directive by the DOJ Secretary to prosecutors to terminate bail petition hearings within one month failing which the prosecutor shall withdraw objections to bail). 35 words: legal-administrative-judicial reform,
why isn’t saving lives and families important?
Anyone listening po… ?
2.Effective, efficient, and prompt implementation of the rule on inadmissibility of evidence following the “fruits of the poisoned tree” doctrine:
Any so-called “evidence” resulting from searches without witnesses (in violation of the rules of court) shall be subject to quashal by the prosecutor himself/herself/themselves to relieve the clogged DOJ dockets and court dockets of thousands of baseless, non-viable prosecution. Failing which, the quashal motion of the accused, on its face or upon a facial examination of the search and return documents showing that there were no witnesses, shall be summarily granted by the court within three days.
50 words, legal-administrative-judicial reform, anyone listening po? Here it is in edited form, 50 words: Any evidence resulting from searches without witnesses shall be subject to quashal by the prosecutor, failing which, the quashal motion of the accused, on its face upon a reading of the documents that there were no witnesses to the search, shall be summarily granted by the court within three days.
(an SC circular or even an Executive Judge circular or a directive by the DOJ Secretary can effectively enforce this.)
But whom am I kidding?
Is anyone in the judiciary or the DOJ interested in a government of laws — and not of despots?
(perhaps, President Bongbong Marcos is on a path of redemption and will allow judges to do their job without threatening them, unlike the past administration which efficiently terrorized judges with putting them on a watchlist and kill-list? Or better yet, institute the reforms that will effectively prevent despots, now and forever, from defeating constitutional guarantees)
Maybe? Maybe DOJ Secretary Boying Remulla? Maybe, why not?
Let’s start by effectively reinstating the constitutional right to bail (thru efficient and speedy bail petition hearings, see proposed reform above) and the constitutional right against unreasonable searches and seizure…
Anyone out there listening po …?
marichulambino.com 