But his anger is directed to the wrong person.
A day after Arroyo was released from detention, Aquino spoke about his displeasure with Pasay City Regional trial Court Judge Jesus Mupas.
He said Mupas was asking the “impossible” for requiring a corroborative testimony to the testimony of the government star witness,former Maguindanao provincial administrator, Norie Unas.
Aquino said it is “impossible” to obtain such corroborative evidence since there is no other witness to the alleged instruction of Mrs. Arroyo to Ampatuan other than former Maguindanao provincial administrator Norie Unas.
“Alangan naman nating isipin na magbibigay ng testimonya ‘yung dalawa laban sa sarili nila. So pwede nang testigo ‘yung isa. Paano kaya tayo magkakaroon ng corroborative, ‘yung makaka-susuog, makakasang-ayon doon sa binanggit na pag-uusap nitong dalawa? So medyo ang taas naman yata ng test na parang imposible na ma-attain dahil wala nang ibang nakarinig ng kanilang usapan doon sa issue ng electoral faud,” Aquino said.
Aquino never questioned the way Commission on Election Chairman Sixto Brillantes, Jr and Justice Secretary Leila de Lima handled the case.
We have said it from the very beginning that the electoral sabotage case filed against Arroyo in connection with the 2007 elections was so weak, it was as if it was meant to be dismissed.
That was precisely what Mupas said in granting a P1 million bail to Arroyo which enabled her to go home to her Las Vista home. She cannot leave the country as the Sandiganbayan has issued a Hold Departure Order for her in connection with other cases filed against her, one of them a plunder case in connection with the misuse of more than P300 million funds of the Philippine Charity Sweepstakes office.
Ombudsman asks court to re-arrest Arroyo
Prosecutors from the Ombudsman filed a motion asking the court to issue an arrest order for Mrs. Arroyo after she was charged with plunder over the misuse of P360 million in Philippine Charity Sweepstakes Office (PCSO) funds.
http://www.abs-cbnnews.com/nation/07/26/12/ombudsman-asks-new-arrest-warrant-vs-arroyo
“The court believes that the prosecution failed to establish with the required quantum of proof that conspiracy exists on the part of accused Arroyo,” Mupas said.
Mupas said the credibility of Unas, the only witness to implicate Arroyo in the case, was “tainted with doubt.”
Unas admitted that the reason he agreed to be a witness in the electoral sabotage case was to be admitted to the Witness Protection Program, which necessitated his being dropped as one of those accused in the 2009 Maguindanao massacre where 58 people were killed, 34 of them journalists.
Unas, as the right hand man of former Maguindanao Governor Andal Ampatuan Sr. was said to have been part of the planning of the massacre and cover-up after the tragedy.
The inclusion of Arroyo in the electoral sabotage case anchored on the testimony of Unas that he overhead GMA tell Ampatuan Sr., in a dinenr in Malacanang a few days before the 2007 elections to ensure that senatorial candidates of the administration’s Team Unity win in Maguindanao even of they had to cheat.
Unas said upon instruction of Ampatuan Sr., he ordered Election Supervisor Lintang Bedol to cheat to comply with Arroyo’s order. Bedol admitted cheating for the Team Unity’s senatorial candidates particularly Juan Miguel Zubiri.
Bedol, however, didn’t implicate Arroyo because he never talked with her.
“Si Bedol inadmit na ang instruction galing kay Unas. Si Bedol ‘di pwedeng magturo sa former President, kasi wala naman siya sa usapan na yun which took place in the Palace,” de Lima said.
Lawyer Harry Roque, who has filed several cases against Arroyo, said: “PGMA’s release is a black eye on Secretary De Lima and Chairman Brillantes. Even I note how weak the evidence against her was.”
Fortunately, Roque said Ombudsman Conchita Carpio-Morales has come to the rescue anew and had filed a non-bailable plunder case against Arroyo.
“Still, the image of PGMA walking to freedom sent a million words: impunity for the little devil! Thank goodness this will be short-lived. She will be back behind bars for plunder and please: let it be in a regular jail this time!”
Rep. Teddy Casino of Bayan Muna said the same thing: “The granting of bail to former Pres. Arroyo is a big slap on the face of Pres. Aquimo who just two days ago in his SONA boasted of his administration’s efforts to hold Arroyo accountable for her crimes.”
Casino took note that the court decision “ was made apparently because the government’s complaint of electoralsabotage was rushed owing to its failure to build up any major cases filed earlier by various citizens groups.”
Senator Panfilo Lacson said the judge’s decision was a sign of a weak case.
Taking a snipe at De Lima, who has been criticized for her penchant for publicity,Lacson said,“We cannot build a strong case through press releases and media interviews.”
“Rather, it takes hard work and the gift of skill and well-rounded knowledge of law, not to mention the rules of court and proper legal procedures to accomplish the same, “ he said.
Anyway, the electoral sabotage case has served its purpose. It put Gloria Arroyo in jail while a more solid case was being prepared against her.
But it leaves a bad taste in the mouth that an administration that presents itself as intent on reforming the judicial system had to twist the law to cover up its incompetence.
That picture (first, top) was taken as Gloria’s convoy was entering La Vista’s gates where her followers, some who came all the way from Pampanga, welcomed her home after the release.
“Limang daan daw bayad sa atin dito. Ayun sumesenyas si Ma’am.”
Reminds me of a word from Dolphy that I found really cool in my youth (until now).
Interviewer: Ano po ang usual na sinasayaw ninyo? Bugaloo, jerk, cha-cha, tango?
Dolpy: Sayaw ko? Maski-pops.
Interviewer: Ano pong maski-pops?
Dolphy: Maski papaano.
Ganyan din ang mga demanda ni De Lima. Maski-pops.
Disturbing trends: (1) political distribution of pork, (2) holding back of congressional SALN’s, (3) weak investigation and prosecution of benchmark legal cases, and (4) failure to defend the coastline of Palawan against Chinese occupancy.
Weak or strong I don’t believe in a “non Bailable Offence” .. Even for plunder and if accused can meet all the requirements and conditiond ,then why deny the granting of the bail ? Where is the constitutional right of the presumption of innocence? In the end, the granting of the Bail will depend on the Coirt upon hearing the sides in the process known as Bail Hearing if to grant or deny bail and or the accused can make it if granted. (if he can post the necessary amount or bond)
Lusot si pandak ngayon but there will be more cases to come. The rest of her life, she will be riddled with cases and she will not be doing anything but to spend her stolen money to pay topnotch (?) lawyers the rest of her life!
You are right, psb. For as long as people don’t get screwed in the next presidential elections, and the next one, and the next, we can sleep soundly at night.
I hope she won’t get any presidential pardon. But… I can also be humanitarian. Ok, maybe when she’s 99.
For now, I am just vegetarian, vaginatarian, veterinarian.
Tongue, maswerte si pandak kung aabot siya ng 70 yrs old. Ngayon pa lang, marupok na ang mga buto niya. Natunaw ng Cognac!
Mukhang minamanok niya si Erap at Binay so we might be having her in power again in the next presidential elections…screwed?
Only if we will allow it.
I can understand the anger with regard to Arroyo. But the prosecution must treat all accused equally.
The charge is for a conspiracy; which means that all are equally liable. So the motion asking for an order of arrest should refer to all accused. If the motion is only targeting Arroyo, then it shows the clear bias of the administration.
Ikulong niyo rin si Manoling Morato et al.
Don’t look now; pero mukhang palpal na naman. The Sandigan refused to issue an order of arrest.
Plunder requires the amassing of public funds. If the funds were only misused, then that is only technical malversation. I want to see if the charges. Do we have a copy?
Edit.
I want to see the charges.
Somebody commented that the filing with the Sandigan was timed to ensure that plunder charges would pending in court when Mupas issues his grant of the prayer for bail.
Now that the Sandigan has refused an order of arrest, there is nothing holding the woman from flying the coop.
Is there an Airport Circus Part 2 in the offing?
Is Topacio’s remaining ball in play here?
Baka hindi sa airport Sax. She can take a boat to her destination.
Someone dropped the ball here. Super busy ang lahat in taking out Corona. They forgot to guard the fatso running around giving out “pamasko” very early on. Dyan magagaling ang mga yan, remember it took them a year to plot ousting Erap? Now that they have all three years to prpare to win the elections, they have all the time and all the resources (stolen) to go around and before we know it, nakapwesto na naman sila!
The issue here is “Wrong target of Aquino’s anger over GMA’s bail.” This is another typical example of a President”?” with an attitude of “I will get whatever I want” and a mentality of a spoiled brat boy throwing his tantrum when his demand is not met. He doesn’t understand a bit what justice really means. He is directing his wrath against Judge Mupas for granting bail on GMA but never uttered a word against the prosecutors/accusers led by De Lima and Brilliantes for their incompetence in filing a very weak case against GMA. He was expecting that Mupas will toe the line and do whatever Penoy wanted. In fact Mupas should be commended for upholding the rule of law. He did not do what the Sandiganbayan Justices did to Erap for convicting him despite the insufficiency of evidence but toeing the line of GMA. If they want to convict GMA, they should build a strong evidence, which I’m sure they could, against her and present it to court and not to media. This is not a political circus and not an impeachment trial which is political and quasi-judicial. This is purely judicial where the prosecution and the defense will be heard and given their day in court. Convict GMA not because Penoy wants it but convict her for her crime against the state and the people of the Philippines.
Why did Mupas ask for corroborative evidence? Because the evidence is hearsay; it must therefore, come within an exception, or it will be inadmissible.
Hearsay declarations by a co-accused must be corroborated by evidence independent of the hearsay declaration itself, to be admissible. In other words, there should be some other evidence, physical, or otherwise (not necessarily other oral testimony as Noy mistakenly asserts), to prove the conspiracy. If the conspiracy is proven by other evidence – payments to fixers, etc., then the hearsay evidence linking Arroyo to the conspiracy may be admitted.
Here is Justice Stevens explaining the exception, in his concurring opinion in Bourjaily v. United States (483 US 171, 1987).
The majority said the same thing, but Stevens’ opinion is more lucid than CJ Rehnquist’s.
Since the evidence is inadmissible, then Mupas had no evidence on record to deny bail. Remember the Constitutional provision says “if evidence of guilt is strong.”
An uncorroborated hearsay statement can hardly be considered “strong evidence”. Of course, Noy will not believe other people. So go and ask Aling Conching Carpio-Morales, if she disagrees with Justice Stevens.
Wala na, hindi na makukulong pa si GMA kasi maimpluwensya pa rin. Tingnan mo na lang hindi pa maaaresto uli sa panibagong kaso.
arvin, di bale… madidedbol din sya, although it’s the easiest way out for her. Meanwhile, tadtarin muna sya ng problema sa korte.
Sangayon tayo dito sa artikulo ni Ellen na mali ang patutsada ni PNoy kay Judge Mupas sa pagkakaloob ng bail para makalayang pansamantala si Lady, in distress, GA.
Pero mukhang bumawi ata si PNoy nang mapagbalingan niya si Noli de Castro, ang news reader ng TV Patrol. Sa kanyang talumpati mismo sa annibersaryo ng TV Patrol, buong diin nyang pinasaringan ang dating bise panggulo ng Republic of the Philippines na kaalyado ni Gloria Macapal Arroyo nang ibunghalit nyang: “Anim na taon ang ipinagkaloob sa kanya para tumulong sa pagsasaayos ng mismong inirereklamo niya. Pero ngayon, tayo na nga ang may bitbit na problema, tayo na nga ang tutugon dito, pero masakit nga ho, may gana pa tayong hiritan ng nagpamana.”
Pilantik sa kaso ng Globe Asiatique?
“The inclusion of Arroyo in the electoral sabotage case anchored on the testimony of Unas that he overhead GMA tell Ampatuan Sr., in a dinenr in Malacanang a few days before the 2007 elections to ensure that senatorial candidates of the administration’s Team Unity win in Maguindanao even of they had to cheat….”
Unas testified on this..testified and told the truth! and Team Unity of pandak actually won..all of them!!!! not one from the opposition made it. Its all Team Unity in Maguindanao…What happened there is the proof. Unas corroborated what actually happened. Our Judiciary is sick..very sick..as in its better to live without them because they do not know what justice means. They are all about technicalities…specially kung yung kalaban ay maperang magnanakaw.
With regards to Noli, good that the pres said something..totoo naman eh! all those guys from pandak, to noli, atbp..they are all in this together…to take advantage at lokohin mga tao. kapalmuks!!!
Okay. So they won. What you are saying is – nanalo, therefore, nandaya. But the result is not evidence of how it was done.
Eh paano siya nanalo kung hindi nandaya? That is argumentation, not evidence. Evidence consists in facts proven, not conjectures, or conclusions, as in – hindi popular, pero nanalo, so nandaya. Courts try facts, not conjectures.
Proof is needed, of how the cheating transpired – vote buying, threats, etc. After which, there must be proof that the vote buying was financed by Arroyo, that the threats were made by Ampatuan in obedience or compliance with the wishes of Arroyo, etc.
It is possible that Ampatuan got paid by the beneficiaries, and he did it on his own. Is that plausible? To some yes, to you know.
But court procedures do not rely on conclusions, conjectures, or plausibilities. There must be evidence of every element of the offense.
Note, the jurisprudence above is from the US. So the need for evidence to corroborate a hearsay statement of the co-conspirator is a requirement, not only of what you call the sick Philippine judiciary. It is required in other parts of the world.
Bottom line, the prosecution sucks, and sucks bigtime.
Note the loaded dice against Erap. Paid testimony, and a kangaroo court. Yet Titong Mendoza made them sweat before they got a conviction.
A good lawyer will be able to get the goods on Arroyo, with the help of good investigators. But dumbkopfs will be happy with a will do. This will do, that will do.
The Pinoy equivalent is “puwede na yan”. That is what you have – a puwede na yan mentality. And De Lima will be a puwede na yan Chief Justice, if somebody has his way.
Petulant reaction yang kay Noy. No lawyer worth his salt will dispute the ruling of Mupas.
And don’t take my word for it. Ask your sainted Aling Conching Carpio-Morales.
While you’re at it, ask the other sainted one, Sereno. Ask Noy’s ex lawyer, Justice Bodjie Reyes.
The question can be asked formally, if the prosecution goes to the Supreme Court alleging grave abuse on the part of Judge Mupas. Let the prosecution do that, instead of all the quack quack quack before the media.
Focus on what is doable. That is the Sandiganbayan case, and other cases yet to be filed.
Don’t get mad. Get cracking.
well you are entitled to your opinion considering that many can interpret the laws and apply rules so many ways. The Philippine court or the judiciary as a whole cannot hide it anymore. Too obvious that they live and survive using technicalities just to protect yung malakas sa kanila, yung papabor, sa kanila, and very rarely what they believe is right based on their judgement, regardless of law since they have the power to decide big difference if compared to the US Jury System.
Technicalities…blah blah..lucky for them they have a sucks depending them 🙂
Ang hirap dito sa Pilipinas walang killer ng mga politikong makasalanan. Kailan kaya magkakaroon ng ganun para ang mga politiko ay hindi na umabuso. Dapat magkaroon ng killer ng mga masasamang politiko.
Ang hirap dito kadalasan na mga pinapatay ay mga mabuting tao. Nariyan ang mga politikong nagpapahirap sa mamamayan ay hindi patayin.
# 21
Our opinion is as good as that of the man on the street.
So I posed a challenge to the prosecution. Tingin niyo mali, so iakyat niyo ang have it reversed on grave abuse of discretion by Mupas.
So the Supreme Court is composed of Arroyo lackeys, as is claimed. Di pagpustahan na lang natin yong mga tinitingala niyo – Carpio, Sereno, Bodjie Reyes, Estela Bernabe. If the prosecution can get three of them to overturn Mupas’ findings, then my fifty bucks goes to a charity of your choice.
Larga. Tignan natin ang galing nung gustong mag CJ (Chubby Justice).
Well, tell me, Star 1542, why should a president NOT WANT to get whatever he wants? Are you criticizing him or praising him? The Great Napoleon said, “Victory belongs to the most persevering”.
Thomas Edison did not set out to build a better candle, he wanted to find a whole new way to illuminate the darkness. That’s the kind of vision a leader has.
But it is not enough to just have a vision. Lots of people see things that should be done, things that should be fixed, great step forward that could be taken. What makes leaders different is that they act. They take the steps to achieve their vision.
If that’s the way Noynoy wants to play his game, I will let him have his way but judge him later from the results.
Yes he is whining now, but that swiping against Noliboy will surely wake up some other people who pretend to be journalists but are actually losers and pessimists who pull everyone else down with them.
South Korea got their act together in the middle of the Asian Financial crisis, removed all negativism in their system, and concentrated on promoting their strengths. They now have the manufacturing giants Samsung, LG, Hyundai, Daewoo, Kia, Hynix and Hankook.
Yes he is whining now, but that swiping against Noliboy will surely wake up some other people who pretend to be journalists but are actually losers and pessimists who pull everyone else down with them. -tongue
Amen!
#25 There’s nothing praiseworthy about him. A leader who wants to get whatever he wants is a very dangerous leader. If he wants to do a Napoleonic it’s more dangerous. Remember Napoleon, after installing himself as First Consul, he later became an Emperor who got whatever he wanted. He appointed friends and family members to rule other European countries as French client states. At the end, though, he spent the rest of his life in confinement by British in St. Helena island.
Penoy does not want to be criticized. That is far dangerous. What did Idi Amin do to his critics? Penoy always wants to be praised. That is far more dangerous. Remember Nero? He always wanted to be praised and to hear applause from his loyalists even if he was singing a song that was out of tune. A president who always wants to be praised and does not want criticism is a threat to the country and its people.
Penoy is not a good role model, especially to the Filipino youth. Children in grade school are taught Good Manners and Right Conduct. They are taught how to be respectful, especially when invited as guests in any occasion. Penoy was invited as a guest in the TV Patrol anniversary. What he did was very unpresidential that produced more negative effect than than positive. His avid loyalists called it “Swiping at Noliboy,” but people who didn’t like it used the street parlance “Pambabastos sa nangumbida.” Granting that De Castro was the most evil person in that occasion, it was not the right place and the right time to do what he did. If he didn’t like the person who will be in the affair, he should just have turned down the invitation. If you invited someone to be your guest and he insulted you and “swiped” at you in front of your other guests, how would you feel?
I read a blog in a paper that was very amusing and makes more fun in the Philippines which says: “Penoy Aquino is the Annabelle Rama in the government. Walang pinipiling lugar mairaos lang ang kabastusan.”
Lets put the shoe in another foot.
The media only wants to criticize all they can but are up in arms the moment someone criticizes them back.
What is sauce for the gander is sauce for the goose.
“There’s nothing praiseworthy about him.” Ooops, I almost missed that.