Undying admissibility

      Newspeg: “(Slain journalist) Rubylita Garcia’s 28-year-old son, Tristan, earlier on Monday told the Inquirer that on the way to the hospital his mother told him Villanueva could be behind the attack.
         “But (PNP spokesperson) Sindac told reporters at the PNP headquarters at Camp Crame that Villanueva was merely “being alluded to” since the victim did not tell her relatives before she died whether the person behind the attack was ‘a former or incumbent police chief of Tanza.’ ” (from the Inquirer)
        “Lawman wanted me dead, said dying reporter. Gasping for her last breath, journalist Rubylita Garcia identified the police chief of Tanza town in Cavite province as the “brains” behind her shooting, the National Press Club of the Philippines (NPC) said on Monday.
“In a statement, NPC President Benny Antiporda, who is also the owner of the tabloid Remate where Garcia wrote, said the victim managed to tell her son just minutes after she was shot that Supt. Conrado Villanueva was the only person who wanted her dead.
       “ ‘While we welcome the PNP’s [Philippine National Police] immediate decision to form a special investigation task group [SITG] that would directly report to Cavite provincial police director, Senior Supt. Joselito Esquivel, the NPC remains doubtful as to whether justice would be rendered to Rubie in the swiftest time possible—the main purpose for the formation of the SITG,’ Antiporda said.” (from Manila Times)
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Rubylita Garcia’s pronouncements given to her son is a form of “dying declaration” admissible in evidence not just as part of the narration of the witness (the son) but as to  facts contained in the  declarant’s statement itself. It is sufficient to give due course to an  affidavit-complaint by the witness and for the filing of a criminal complaint against the subject of the dying declaration, PNP Supt. Conrado Villanueva.

     Colleagues of Villanueva, such as PNP spokesperson Sindac and other PNP officers, have a conflict of interest with the person of interest (Villanueva) because of their fraternal relationship with him. Their behavior in the past few days shows this.

      Allowing the PNP officers to take charge of the investigation of this case is like allowing the da-barkads (barkada; buddies) of Villanueva to be in charge of the evidence-gathering — it’s like commissioning a paint job. 

      Malacañang should know better — it’s the one chance it could redeem itself.