#MaguindanaoMassacreVerdict #MaguindanaoMassacre Promulgation: What to expect procedurally ; posted at 8:58am
Accused might move to waive reading and move to proceed straight to reading of the dispositive portion; prosecution might object; depending on how well the parties argue, the judge may or may not grant waiver of reading.
If waiver of reading is granted, the reading of the dispositive portion will take less than ten minutes. If waiver of reading not granted, the reading will take as long as the amount of time it takes to read it out —– i’m guessing, based on the number of accused and the amount of evidence: hours.
For journalists: If reading is waived: Get your digital devices ready in order to be able to jpeg the entire file copy and upload it online as soon as you can.
If guilty verdict: The Court normally will remand the accused to be detained at the NBP; the accused might beat the judge to the draw and before remand might manifest intention to appeal and move that the accused be remanded to the same detention cell in Camp Bagong Diwa or the hospital. If accused makes such a motion, the prosecution will object.
Accused might also ask for sentences to run concurrently instead of consecutively with time served (time in detention considered as service of sentence), for shorter service. Prosecution will object.
If found guilty of a less offense: Same manifestations.
If not guilty: Accused will be processed for release.
For a guilty verdict, the quantum of evidence is “beyond reasonable doubt” : in ordinary sense, it means : the evidence leaves no room for doubt.
(The Maguindanao Massacre is the murder of 58 people including 32 media reporters, two young female lawyers, and passersby.)
VP Leni herself has not responded … The answer is…
Many personalities have given their opinions on whether VP Leni should say yes or no to the presidential appointment as co-chair of the Inter-Agency Committee on Anti-Illegal Drugs.
Yesterday afternoon when Neri Colmenares was asked his opinion, he said “I do not give unsolicited advice… etc”. i will do a Neri-Colmenares…
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… it has been an overnight now.
She herself has not said anything.
The answer to whether she should say yes or no is… well, i do not give legal advice unless called up (phone call or email ) or unless sitting in a meeting where you were invited to sit as lawyer so you can catch anything that constitutes a legal issue …
Most lawyers practise this way.
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Ok… it’s already near noon. This involves public interest …
Here’s a hint of the advice…
It’s not a yes or no answer, Ma’am… (see constitutional law, Administrative Code, and basic principles and experience in running government offices) …
Ok, it’s already 11:11am…
Ok… Since this involves public interest, here’s the gist of the advice: You’ll need hiring-and-firing powers, deployment powers (this is the calling-out power in constitutional law), and prosecutorial powers, to be successful in this assignment (delegated na lang muna) . PD30 will probably not agree to a blanket delegation but can actually agree to implementing specific recommendations by saying “Ok, I will approve every recommendation you make, we will implement it by authority of the President… etc. “
It’s not a yes or no answer. The point is: Is it possible to “clinch a lifetime’s argument” ?