remnants of last night’s raindrops, shot 40 minutes ago…  [the theme/ page design works better for crosswise rectangular (or wide) photos, but i rotated this 90 degrees clockwise so your eye leads to the raindrops… hanging on the external ceiling of the window, but that makes the photo lengthwise rectangular — did not want to crop the bottom to make it crosswise because that would remove the time stamp on the photo so… i doubled it post-production to make it wide — don’t mind me)

1.2raindroplets

and the DOJ Secretary said her meeting with the legal team assigned to investigate the 3rd batch of PDAF pork barrel respondents, some of whom are allies of the President,  is re-set to next week pending the submission of more documents because, according to her investigators, the signatures of the respondents on the documents were made by different persons.

          As stated here before, statements on the part of respondents that their signatures had been forged are matters of defense. “Matters of defense” mean they are evidentiary in nature and can be determined only during the course of trial or during  the presentation of evidence. In other words, respondents have to prove during trial that indeed they were out in the cold and had been “swindled” — their signatures forged — when public funds under their control or released with their endorsement, in hundreds of millions, were changing hands, under their noses (and i’m mixing my metaphors). Respondents need to prove that during trial.

    Where there is a prima facie case, these matters of defense do not preclude the filing of a case.

         (this is an “at the moment series”. i’m three-fourths finished with checking final exams, i don’t leave until i’m finished, not a matter of defense) (the song embedded was, “That’s What Friends Are for”, dedicated to friends of the President, it’s a cover up, er, este, a cover, with sharps and flats galore)

        when you wake up before dawn, you have the luxury of starting slow then burning bright, as i hope the DOJ team would today.

         shot 30 minutes ago, quiet and starting slow at 4am, see photo below.

         Last week, we posted a reminder here that this past Tuesday was the deadline of DOJ Usec JJ, as stated by DOJ Secretary Leila de Lima, to submit his investigation report on the PDAF pork barrel 3rd batch of respondents (9 or 10 senators, about half a dozen PNoy allies, i’m not counting, but maybe you are). Apparently, they met their self-imposed deadline last Tuesday.   Today, DOJ Secretary Leila Lima, as announced, will meet with the DOJ legal team to finalize or clarify the recommendations. There will be a presser i hope so we can find out right away the results, and, if it’s a slow news day, we might even  see a live coverage… Here’s that photo of starting slow at 4am, dedicated to DOJ Secretary Leila and her team: Start slow and burn bright, shot 30 minutes ago half-asleep from my bedroom window (will be checking papers in a little while — this is still an “at the moment series”, remember? but i just typed some notes on the pork barrel cases.) 

window

       Hopefully, the conclusions are based solely on the evidence (and common sense); the statement from the respondents that their signatures had been forged are matters of defense and should be examined in the context of all of the evidence on the transactions: the contracts, vouchers, checks, audits, etc. and commons sense — is it believable that P100 million changed hands from the legislator’s office to the bogus NGOs without the legislator knowing of the transactions and without giving express or tacit approval to the use of his/her name and office? Bong Revilla was recommended for indictment based on the same kind of evidence even with the  defense of “my signature had been forged” — the DOJ is bound if the weight of the evidence is similar, or the same. (those to be announced today still go thru the Ombudsman’s office).

       And so, hopefully, it is based on evidence and not alliance with the President.

        If so, this song by a Filipino international rocker (raw acapella version of “Don’t Stop Believing”– edgy and perfect, you should be hearing the first few notes by now)  is dedicated to the hardworking DOJ legal team led by Sec Leila

…although some quarters might scream: “Hindi sila dapat pasalamatan! Masyado na silang late! Maniningil kami! Marami kaming pautang. Pero hindi pera. Maniningil kami! Magtutuos kami ng gobyernong ito! Maniningil kami!!!” …Bow.

       hope you can hear the song now.

     

Ben Hur Luy’s P150 million

         News organizations reported today that about One Hundred Fifty Million Pesos was found in the bank accounts of plunder state witness Ben Hur Luy — to which the DOJ state prosecutor said this had not been proven and in any case Ben Hur is immune from prosecution under the Witness Protection Program.
          Not so fast, and not too cavalierly – it’s One Hundred Fifty Million Pesos apparently from pork barrel, too.
          The Rules of Court on the discharge of a state witness provide for immunity from prosecution for the crime for which the state witness is charged then discharged. In this case, Ben Hur Luy was discharged for the plunder cases filed against Enrile, Jinggoy, Bong Revilla, et al. He has immunity only for criminal prosecution for the criminal acts that he is testifying on. Nothing more.

         It is not a blanket immunity for all kinds of criminal or civil actions for all kinds of acts he may have committed – but only immunity for the criminal acts upon which he is testifying  (under the Rules of Court provision on immunity of a state witness). 

        HOWEVER, the Witness Protection Program may provide for immunity from forfeiture proceedings for ill-gotten wealth arising from criminal transactions that he is testifying on – immoral, maybe, legal, yes (it is condoned and allowed if it is the only way of convicting the masterminds and the state witness does not appear to be the most guilty)

       The terms of his WPP contract should be examined and strictly construed, in favor of the public interest.
            Whether or not Ben Hur Luy has immunity from prosecution or forfeiture of the one hundred fifty million pesos of unexplained wealth depends on:

        1.the terms of his WPP contract;

      2. the nature of those funds and

      3.the source of those funds.

       Were those funds sourced from the transactions on which he testified (the Enrile, Jinggoy, Bong Revilla, et al cases)? ….. Or did those funds come from other pork barrel transactions? Look at the paper trail.
            Am I splitting hairs? It’s one hundred fifty million pesos in unexplained wealth, at best. The terms of his discharge as state witness, his WPP contract, and the paper trail of the one hundred fifty million pesos should be examined.

Breaking news 1:50pm, (is that already the promulgation of judgment in People vs. Janet Napoles?)

Breaking news 1:50pm, i can see an inset box with no talkies of a live coverage of the Makati RTC with graphics that say Makati RTC to rule on Benhur Luy’s illegal detention case vs. Napoles– is that already the promulgation of judgment in People vs. Janet Napoles?

1:53 pm still no talkies, the clerk of court is alrady reading out loud the decision. it’s an inset box with no talkies of  re-run of Talkback on the topic of OFWs… where’s the audio of the promulgation?

1:56pm Still no audio. It’s serious illegal detention. Capital offense. Pork barrel queen. Still no audio!

1:59pm. Anak ng kamote. Decision ba iyon o interlocutory order lang? It looks like promulgation of the decision, the clerk of court was standing in front of the judge reading it out loud while the accused and her lawyers were on their feet. It’s promulgation. Where are you 2:02pm Nawala na. Wala nang media coverage. Promulgation na ba yon… anobur

 

Sen. Drilon appears, Blue Ribbon, hearing, Iloilo Convention Center (podcast, legal aspect)

Senate President Drilon appears at the Senate blue ribbon Committee hearing on the iloilo Convention Center today. This is a podcast on the legal aspect of the appearance, to balance the previous podcast (which was  on the legal aspect of VP Binay’s decision not to push thru with the debate).
    To be fair, those who could be indicted or criminally charged should it be shown that the Iloilo Convention Center was overpriced, showed up at the Senate Blue Ribbon Committee hearing today.
     Anything they say in this proceeding can and will be used against them in any other investigation. yet they showed up and fielded questions…
This podcast plays automatically and is in two languages. ang podcast na ito ay nasa dalawang wika. See how that comes out. adula amin (ilokano) sige nga…
 several seconds of music from “kapalaran” (“Fate”) performed by rico J. Puno, photo rightclicked from a government site, all used here non-commercially for academic purposes…

Weekly Writing Challenge: Oh, the Irony

From WordPress for the Weekly Writing Challenge: Oh, the Irony: “In everyday language, we now use “irony” as a synonym for snark or sarcasm (or, sometimes, for unusually bad luck). xxx In this week’s challenge, I’d like to invite you to write a post built around an ironic moment. You could recount a scene in which what you said was the opposite of what you meant. You could tell a story in which one of the people involved is entirely unaware of the motivations of everyone else. Or address your post to another person, letting us — your readers — infer the real, very different message between the lines.xxx” at:

http://dailypost.wordpress.com/dp_writing_challenge/oh-the-irony/

my post on “irony”. ironically, the irony is always lost on those think their reign is iron-clad

           The Wonder of Plunder

 

One day you have the Palace and the Senate

 

Next day you have a prison and  a  sentence

 

One day you’re hosting a ball —

 

Next day you’re posting your bail.

 

One day you’re flying and jetsetting

 

Next day you want to be jettisoned

 

One day you’re creme de la creme —

Next day you’re cream of your crime.

 

Such is life, really?, what a wonder

 

Life is bittersweet, seriously?, your time means plunder

;@ ;@ ;@ ;@ ;@ ;@ ;@ ;@ ;@ ;@

this is a reworked version of an earlier post

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