The better policy and tactic now is to concentrate on building up the case against her (for plunder or otherwise) – focus on gathering the primary documents:
•contracts,
•vouchers,
•checks,
•deposit slips,
•transaction slips,
•bank statements,
•photos,
•videos,
•and other documentary evidence cited by the witnesses and by the COA report;
and object evidence: equipment, infrastructure, vehicles, real and personal properties, until the evidence is more than enough for a primafacie case – instead of relying on wild talk of her possible offer of testimony.
You will need to secure documents and witnesses from the banks and the clearing houses. Fast. Now. Important.
Don’t get distracted.
— To be charged with a public official or public officials if for plunder (without prejudice to forfeiture proceedings). And, oh, important: don’t forget to add “John Does” when you craft the complaint; or as what other lawyers do in other criminal cases, you can put: “John Doe, Juan P. Doe, Bong Doe, Bongbong Doe, Jinggoy Doe, Greg Doe, and other John and Jeanne Does”… more important, make sure your Information (formal charge), and not just the complaint, contains John Does.
Make sure the Information complies with all the elements and all the terms of the criminal statute – plunder requires a series of predicate acts that are also criminal in nature, spell out what those overt acts are — open the statute books when you’re crafting the Info (do not copy and paste), make a back-and forth- and refer every line to it — even if you think it’s perfect, show it to other criminal trial experts and CPA-lawyers; the Information (formal charge) will make your case rise or fall in the preliminary motions and throughout the presentation of evidence…
News peg: “Police fired fallen passengers’ guns in Atimonan shootout — NBI report xxx Policemen involved in the January 6 bloodbath that left 13 people dead at a checkpoint in Atimonan, Quezon were seen firing the fallen men’s guns – ‘one by one into the air and other directions.’ “
Without prejudice to the filing of complaints/ charges upon a finding of prima facie case for any acts of premeditated killings or killings with treachery, or superior strength, or with armed men, or by weakening the defense of persons to afford impunity (murders, for each count) or homicide if not attended by any of the circumstances constituting murder, the following provisions are also pertinent for the acts of contaminating the crime scene, e.g., one count for each alteration of the evidence, i.e., one count for each firing of the weapons that are evidence or part of the crime scene (each count punishable with six years prison)
PD 1829, Obstruction. “Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:
xxx
“(b) altering, destroying, suppressing or concealing any … object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases;
xxx
“(f) making, presenting or using any … object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;
xxx
“(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court.
“Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the penalties provided thereunder, suffer perpetual disqualification from holding public office. xXxx”
Newspeg: “Two TV crew members who disappeared along with a Jordanian journalist last June were “recovered” in Sulu Saturday night, but police could not immediately say if ransom was paid for their release.” (gmanetwork.com/news)
Last year, in the aftermath of the kidnapping of three members of the Red Cross by the Abu Sayyaf, the Sulu governor organized private armies, issued a proclamation declaring a state of emergency, imposed curfew, and called out the police and the armed forces to conduct warrantless searches, seizures, and arrests. Several residents were warrantlessly arrested and detained on no probable cause except the mere affidavit of a policeman that they were Abu Sayyaf members.
The Supreme Court in a case promulgated seven months ago unanimously held: 1.The commander-in-chief powers (“calling out” powers) are vested by the Constitution only on the President; 2. the governor has no such commander-in-chief powers, and cannot on his own organize private armies. Here’s the case (excerpted):
Jamar M. Kulayan, Temogen S. Tulawie, Hji. Moh. Yusop Ismi, Julhajan Awadi, SPO1 Sattal H. Jadjuli, Petitioners, (as taxpayers and residents of Sulu) vs. Gov. Abdusakur M. Tan in his capacity as governor of Sulu, Gen. Juancho Saban, Col. Eugenio Clemen PN, P/ Supt. Julasurim Kasim, and P/Supt. Bienvenido G. Latag, in their capacity as officers of the Phil. Marines and PNP, Respondents.
G.R. NO. 187298 July 3, 2012. en banc.
Sereno, J.
“On 15 January 2009, three members of the International Committee of the Red Cross were kidnapped … in Patikul, Sulu. xxx
xxx
“The leader of the alleged kidnappers was identified as Raden Abu, a former guard at the Sulu Provincial Jail. News reports linked Abu to Albader Parad, one of the known leaders of the Abu Sayyaf. xxx
xxx
“Governor Tan organized the Civilian Emergency Force (CEF), a group of armed male civilians coming from different municipalities, who were redeployed to surrounding areas of Patikul.
xxx
“The organization of the CEF was embodied in a “Memorandum of Understanding” entered into between three parties: the provincial government of Sulu, represented by Governor Tan; the Armed Forces of the Philippines, represented by Gen. Saban; and the Philippine National Police, represented by P/SUPT. Latag.
xxx
“The Whereas clauses of the Memorandum alluded to the extraordinary
situation in Sulu, and the willingness of civilian supporters of the municipal
mayors to offer their services in order that “the early and safe rescue of the
hostages may be achieved.” xxx
“On 31 March 2009, Governor Tan issued Proclamation No. 1, Series of 2009 (Proclamation 1-09), declaring a state of emergency in the province of Sulu. It cited the kidnapping incident as a ground for the said declaration, xxx
xxx
“In the same Proclamation, respondent Tan called upon the PNP and the CEF to set up checkpoints and chokepoints, conduct general search and seizures including arrests, and other actions necessary to ensure public safety. The pertinent portion of the proclamation states:
“Now, therefore, by virtue of the powers vested in my by law, I, Abdusakur Mahail Tan, Governor of the Province of Sulu, do hereby declare a state of emergency in the province of Sulu, and call on the Philippine National Police with the assistance of the Armed Forces of the Philippines and the Civilian Emergency Force to implement the following:
“1. The setting-up of checkpoints and chokepoints in the province;
“2. The imposition of curfew for the entire province subject to such Guidelines as may be issued by proper authorities;
“3. The conduct of General Search and Seizure including arrests in the pursuit of the kidnappers and their supporters; and
“4. To conduct such other actions or police operations as may be necessary to ensure public safety. xxx”
xxx
“On 1 April 2009, SPO1 Sattal Jadjuli was instructed by his superior to report to respondent P/SUPT. Julasirim Kasim. Upon arriving at the police station, he was booked, and interviewed about his relationship to Musin, Jaiton, and Julamin, who were all his deceased relatives. Upon admitting that he was indeed related to the three, he was detained. After a few hours, former Punong Barangay Juljahan Awadi, Hadji Hadjirul Bambra, Abdugajir Hadjirul, as well as PO2 Marcial Hajan, SPO3 Muhilmi Ismula, Punong Barangay Alano Mohammad and jeepney driver Abduhadi Sabdani, were also arrested. The affidavit of the apprehending officer alleged that they were suspected ASG supporters and were being arrested under Proclamation 1-09. The following day, 2 April 2009, the hostage Mary Jane Lacaba was released by the ASG. xxx
xxx
“On 16 April 2009, Jamar M. Kulayan, Temogen S. Tulawie, Hadji Mohammad Yusop Ismi, Ahajan Awadi, and SPO1 Sattal H. Jadjuli, residents of Patikul, Sulu, filed the present Petition for Certiorari and Prohibition, claiming that roclamation 1-09 was issued with grave abuse of discretion amounting to lack or excess of jurisdiction, as it threatened fundamental freedoms guaranteed under Article III of the 1987 Constitution. xxx
xxx
(The Supreme Court unanimously struck down the governor’s Proclamation 1-09 as unconstitutional on the following grounds: )
“II. Only the President is vested with calling-out powers, as the commander-in-chief of the Republic . The exceptional character of Commander-in-Chief powers dictate that they are exercised by one president.
xxx
“(I)t is clear that the framers never intended for local chief executives to exercise unbridled control over the police in emergency situations. This is without prejudice to their authority over police units in their jurisdiction as provided by law, and their prerogative to seek assistance from the police in day to day situations, as contemplated by the Constitutional Commission. But as a civilian agency of the government, the police, through the NAPOLCOM, properly comes within, and is subject to, the exercise by the President of the power of executive control.
xxx
“The provincial governor does not possess the same calling-out powers as the President. Given the foregoing, respondent provincial governor is not endowed with the power to call upon the armed forces at his own bidding. In issuing the assailed proclamation, Governor Tan exceeded his authority when he declared a state of emergency and called upon the Armed Forces, the police, and his own Civilian Emergency Force. The calling-out powers contemplated under the Constitution is exclusive to the President.
xxx
“Taken in conjunction with each other, it becomes clear that the Constitution does not authorize the organization of private armed groups similar to the CEF convened by the respondent Governor.
