Category: Rules of Court

Rules of Court, The President

Staying Alive: Today’s impending arrests

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John Boyne 1750-1810. Non-commissioned Officers Embarking for Botany Bay. Print: etching, hand. National Library of Australia. Right-clicked from www.nla.gov.au searched thru www.artcyclopedia.com

 

JDV has enough to impeach Gloria, enough to stay Speaker for one more day, and a cha-cha plan. But with the presidential husband and sons having recovered from the respite given them by the Senate Blue Ribbon Committee chair, Kampi gathering momentum, and with no pending impeachment complaint against her, a one-year bar up to October 2008, how well did JDV prepare for battle?

Lawyers and big businessmen don’t give any quarters. At all. Before he and his son picked a big fight with FG, did he prepare anything, a contingent, for a fight to the finish? Did he prepare a package of undiscovered evidence, activate in advance well-placed lieutenants, back-channel power blocs, and think the unthinkable? If he had prepared well for this, he had won it before he started it. An impeachment complaint with 70 signatures can be sent out of the House straight to the Senate; and once on the desk of the Senate President, Gloria needs an injunction to stop it; the rules notwithstanding. But did JDV think unthinkable? Did he have the imagination? Or did he miscalculate, the way he does his mass campaigns?

There will be an arrest warrant served on JDV’s former consultant former NEDA chair now CHED chair, Romy Neri. It will be served by members of the Senate security. Presumably, there are not many urgent pending warrants and summons on the desk of the Senate security, so presumably they can attend to the matter right away. There is no procedure for a motion to quash here and the letter for reconsideration does not suspend the effectiveness of the warrant. Of course, since there is no pending hold-departure order against him, Neri can always take the next flight out of the Philippines, but that would be too demeaning now. Aren’t government officials demeaned when they have to take flight like a fugitive from justice?

Once served, he would be “escorted” to the Senate and asked to stay there until he is brought to the Senate hearing. There’s no “bail” not because he is charged with a “non-bailable offense” but because the arrest warrant is for the purpose of compelling him to attend the hearing. The only way he could stop the process is to get an injunction. He has to sit at the witness stand; he may invoke, when the question is propounded, whatever he wants to invoke. If he is criminally indicted in some court, he can invoke the right against self-incrimination. If he is considered a private person and the question pertains to an intimate matter about his person, he can invoke the right to privacy. He might invoke executive privilege and cite Senate vs. Ermita: he is well-advised that in that case, the Supreme Court said that executive privilege can be invoked when the matter pertains to state secrets such as the defense of the state (it has something to do with war tactics, disposition and movement of ground forces, etc.), or diplomatic secrets.

He can choose to save his answers until the final showdown with Malacañang and the tide has turned against the Palace.

At a certain break, it’s not always a choice between Gloria and the trapo equally corrupt and corruptible opposition-politicians.

 

When the final break occurs, to some: it’s choice between right and wrong. To others a choice between power and oblivion. To those who hold the truth, a matter of life and death. To the many who are tired of closing their eyes, of compromising, leaving the country, of pretending, and hiding and running away: now a matter of honor.

Criminal law, Rules of Court

yesterday’s arrest

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Maurice Sterne. The Reapers. 1925. oil on canvas. Philips Collection acquired 1926. Right-clicked from www.philipscollection.org searched thru www.artcyclopedia.com

We tried our darndest so they wouldn’t have even the smallest blot or mark of a police record; and they didn’t. They walked out of that jail, even as the few guards blocked their way; we had the paper onion skin original carbon copy of the release order on recognizance, signed by the judge, the guards were trying to hold them down to get their fingerprints, photos, addresses, but we told the clients to walk away with us. They did.

Yesterday, I read that KMP deputy sec-gen Randy Echanis had been arrested on charges of multiple murders in Leyte decades ago even if during the 80’s or the period of the killings he was literally behind bars.

During the Senate hearings on the VFA in year 2000, KMP members, including KMP chair Ka Paeng Mariano and deputy sec-gen Randy Echanis, became clients when, in a Senate plenary session on the VFA treaty, they stood up at the gallery, held up pieces of bond paper with the words “Junk VFA”, but they were silent, they had white bands covering their mouths, also with those words. For that they were violently dragged and, at the parking lot, roughed up and punched in the stomach by the Senate security, then brought to the Pasay city jail. They were inquested and charged with “disturbance of proceedings” (arresto mayor) , a minor offense; we brought bishops and nuns before the judge, on motion for release on recognizance and in hours got a release order (but not after the clients spent a night in detention). I told the Senate security that if they went through with it they would see complaints for grave coercion, slander by deed, slight physical injuries; and complaints in the CHR copy furnished CSC which we would block any of their promotion.

To make a long story short, months later, we manage to convince them to withdraw the cases against the clients, we assured the clients they wouldn’t have even a police record dribbled the arraignment for months until we got the settlement, the clients agreed to call it quits because they have more important things to do than spending long mornings in a Pasay metro court.

As far as I know, none of those former clients, including Randy Echanis, have a police record or a criminal record, except perhaps those who were detained during the time of Marcos or the 80’s. And as far as I know, Randy Echanis became a consultant in the peace talks and became covered by the Hague agreement and JASIG (an agreement with the government that those who participated in the peace talks would not be the subject of arrests or if they did, it would be coordinated with the parties.)

Most if not all of the KMP members, as far as I know, don’t have criminal records except maybe those who were detained by Marcos or Cory. One should be OC or particular about those police records because I know for a fact that when there’s a crime and there are no suspects, the police records are brought out, with mug shots and all, books and books and folders of those with the PNP. Some witness points at your photo and before you know it, you’re indicted. (and we don’t have rules of procedure on police line-ups, we just rely on jurisprudence, mostly American.)

So you should be particular about those mugshots.

The PNP is planning to digitize all those together with the database on vehicle registration. I don’t mind, except that our criminal laws, all our laws, presume that the Department of Justice, the NBI, the PNP, are all made up of professional members. When the heads of these agencies are political appointees. are just interested in keeping their master in power, are not professional and do not know what their jobs are, you kinda have second thoughts about agreeing to have your photos and fingerprints digitized in their file.