News peg: Jessica Lucilla “Gigi” Gonzales-Reyes, former chief of staff of Sen. Juan Ponce Enrile who was linked to the P10-billion pork barrel scam, left the country two weeks ago.A witness in the pork barrel scam alleged that he delivered a duffel-bag-full of money to her house in La Vista and laid out the money on a table in her sala in front of her.
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The disadvantage of being out of the country once a complaint is filed against you is that you would not be able to file your counter-affidavit. A counter-affidavit has to be sworn to before the investigating fiscal or prosecutor. The affiants need to be present before the investigating fiscal or prosecutor when they file their counter-affidavits plus the rules technically or theoretically allow “clarificatory” questions to be propounded (i say theoretically because in real life, you just need to present yourself to the fiscal and swear to your counter-affidavit).
If the counter-affidavit is not sworn to in this manner, it would be considered as hearsay and would not be admitted. It would just be a piece of paper.
The disadvantage of not being able to file your counter-affidavit is that, under the rules, the facts alleged in the complaint against you would be deemed not controverted. Not controverted means notdenied, not contested, not disputed, not belied…. Therefore, they would be admitted. Kahit na anu sabihin dun: admitted! kawawa ka naman.
Well, you can ask your lawyer to file sumthin’. Like another person alleging facts in your favour or… your lawyer raising jurisdictional issues. However, if you are accused of certain acts, you’ll need to deny them personally or else they would be deemed… the word is: Uncontroverted. Admitted.
The advantage, on the other hand, of being away when a complaint is filed against you is that, should a warrant of arrest be issued with your name on it, you would not be apprehended. You would not be detained. You would not be arraigned. Trial would not proceed as to you until you are arraigned.
The disadvantage of that is, you would be a fugitive.
Those are your options. Weigh your options carefully.
People who choose to be fugitives wait for a better day. They wait for a change in administration. In this country, changes in administration result in the counter-reversal of fortune of fugitives, senators, and maybe chiefs of staff.
And so it is. (this is not the Gigi Gonzales that I know, who was smart, articulate, progressive and kind, but that was a long time ago.)
Of course, in practice, whenever you file a motion to suspend (or motion for continuance or motion for time), and if you’re new, your senior partner will lecture you: don’t presume the court will grant it, until granted, you have to show up . Lecture lecture.
In practice however, in ordinary cases (that is, in ordinary cases, not in so-callled “high profile” cases) you usually give opposing counsel paňero/ paňero/ the courtesy of an advanced copy of your motion for continuance and give a friendly phone call – in real life and in ordinary cases, lawyers and opposing counsels become friends in the course of the trial. Then you inform the clerk of court in advance that you and opposing counsel have spoken of other trial dates etc. etc. , the clerk of court will confirm with opposing counsel, etc. etc. it makes the workings of the court more efficient when you prepare for contingencies before the hearing, the clerk of court can accommodate more cases in the calendar, and it makes the job of the judge less stressful …
Trade secrets. that’s in ordinary cases; in so-called “high profile” cases, sometimes, the lawyers get on each others nerves; for some reason, lawyers get too stressed out when millions and millions of people are watching their every move and thousands of people want to talk to them and they need to talk, study, read, write, prep, meet up, thousands of times endlessly .
