The President yesterday literally sat at the preliminary investigation of alleged rice hoarders at the Department of Justice, on its fourth or sixth week, all the time – as reported by the press- glancing at her watch as part of her body language to communicate that she was getting impatient.
What the President doesn’t know is there’s such a thing as inquest. Which takes half a day or two days. And not six weeks like what the DOJ is doing with the P.I.. Duh.
That is what you get for keeping political appointee Raul Gonzales whose only “qualification” is his canine loyalty (with apologies to dogs and dog lovers). You have to go to the DOJ every other week, while your DOJ secretary a couple of weeks ago justified his snail’s pace (with apologies to snails) by saying (in an interview): “Well, the President is not a lawyer. She doesn’t know there should be a preliminary investigation …”
Her dogs are running circles around her. What the President doesn’t know is if the respondents/ suspects were in flagrante delicto, they can be brought in for inquest. Since some if not all of the respondents were proceeded against after a “raid” or a valid warrantless search of rice warehouses, and prima facie evidence of hoarding were found (“undue accumulation beyond the normal inventory levels” etc.) the owners thereof could have been inquested (they could ask to sign a waiver later and ask to avail of the statutory right of prelim investigation, but did the NBI make an effort to inquest?). Inquest takes 12 to 48 hours. Not six weeks of preliminary investigation.
The President deserves Raul Gonzales. Let her dogs run circles around her while she sits crammed in preliminary investigations as part of her publicity stunts. Maybe the NBI and NFA were not sure of what they were doing during those raids. Maybe they were not sure that the amount of the inventory was prima facie evidence of hoarding as to be punishable. And that was why they didn’t make any arrests, valid warrantless, and therefore: no inquests were done. They probably think they’ll just ride this out and go through the motions while the President needs to build a good press.
Some pertinent provisions:
Quote “RA 7581. SECTION 5. Illegal Acts of Price Manipulation. — Without prejudice to the provisions of existing laws on goods not covered by this Act, it shall be unlawful for any person habitually engaged in the production, manufacture, importation, storage, transport, distribution, sale or other methods of disposition of goods to engage in the following acts of price manipulation of the price of any basic necessity or prime commodity.
Quote “1)Hoarding, which is the undue accumulation by a person or combination of persons of any basic commodity beyond his or their normal inventory levels or the unreasonable limitation or refusal to dispose of, sell or distribute the stocks of any basic necessity of prime commodity to the general public or the unjustified taking out of any basic necessity or prime commodity from the channels of reproduction, trade, commerce and industry. There shall be prima facie evidence of hoarding when a person has stocks of any basic necessity or prime commodity fifty percent (50%) higher than his usual inventory and unreasonably limits, refuses or fails to sell the same to the general public at the time of discovery of the excess. The determination of a person’s usual inventory shall be reckoned from the third month immediately preceding before the discovery of the stocks in case the person has been engaged in the business for at least three (3) months; otherwise, it shall be reckoned from the time he started his business.
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Quote “SECTION 15. Penalty for Acts of Illegal Price Manipulation. — Any person who commits any act of illegal price manipulation of any basic necessity or prime commodity under Section 5 hereof shall suffer the penalty of imprisonment for a period of not less than five (5) years nor more than Fifteen (15) years, and shall be imposed a fine of not less than Five thousand pesos (P5,000) nor more than Two million pesos (P2,000,000)
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Quote “Rules of Court. Rule 112. Sec. 7. When accused lawfully arrested without warrant. – When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person.
Quote “Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in accordance with this Rule, but he must sign a waiver of the provision of Article 125 of the Revised Penal Code, as amended, in the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception.
Quote “After the filing of the complaint or information in court without a preliminary investigation, the accused may, within five (5) days from the time he learns of its filing, ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule.” Closed-quote.
