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Category: Justice

Panibagong imbestigasyun ng Dacer-Corbito murder case

Statement of Sen. Panfilo “Ping” Lacson:

Secretary Leila de Lima should stop using brute reason in interpreting the court of appeals ruling dismissing the case against me which she claimed she has not even read.

Let me remind her that in a civil and common law system like ours, the hierarchy of courts places the supreme court at the highest level and is therefore the sole authority to reverse the court of appeals in its ruling and decision. – not any of the lower courts of the land and certainly not the secretary of justice.

The appellate court has ruled that there is no probable cause to indict me for two counts of murder and categorically nullified the warrant of arrest that the Manila RTC branch 18 issued against me. De lima cannot place herself above any court of law. Otherwise, the justice system becomes defective and worse, will self-destruct.

Ping Lacson cleared

Sophia M. Dedace, GMANews.TV

The Court of Appeals on Thursday granted the petition of Sen. Panfilo Lacson to dismiss the double murder case lodged against him for the Dacer-Corbito killings a decade ago.

In an 80-page ruling, the appellate court’s Special Sixth Division reversed the two orders from the Manila Regional Trial Court Branch 18 that found probable cause to indict Lacson for the killings of publicist Salvador Dacer and driver Emmanuel Corbito in November 2000.

The CA also revoked the arrest warrant the Manila court issued against Lacson, who has been in hiding since January last year.

US judge OKs payment of $7.5M to Marcos victims

From GMA-7 online

Marcos at the height of his power with Imelda beside him
HONOLULU — A federal judge on Thursday approved the distribution of $7.5 million to settle a lawsuit filed by thousands of victims of torture, execution and abduction under the regime of the late Philippine President Ferdinand Marcos.

The distribution provides victims their first opportunity to collect something since they sued in 1986.

Each of the 7,526 eligible members of the class-action lawsuit will receive $1,000 under the plan approved by US District Judge Manuel Real. Distribution is expected to begin in mid-February and take about a month.

Robert Swift, the lead attorney in the case, said the payments were an important milestone for victims who have been fighting for years. Most of the victims or their surviving family members live in the Philippines.

Trillanes applies for amnesty, has no regrets

By Ryan Chua, ABS-CBN News

“Let me be clear. We admit guilt as far as rising up against the most corrupt president this country ever had,” he said. “Proudly.” – Trillanes

Reiterating that they have no regrets about rising against the previous administration, Sen. Antonio Trillanes IV and other Magdalo soldiers on Wednesday formally applied for amnesty, which requires an admission of guilt.

In his application form, Trillanes signed a portion acknowledging his involvement in uprisings that entail “a violation of the 1987 Constitution, criminal laws, and the Articles of War” and recanting his statements in the past that are contrary “to this express admission of involvement/participation and guilt.”

Trillanes clarified that this does not mean admitting that what they did against the Arroyo administration was wrong.

“Ever since hindi naman kami nagpanggap na ‘yong ginawa namin ay natutal na ginagawa ng sundalo. We are man enough to admit we have broken rules in the pursuit of our cause,” he told reporters after submitting his application.

Trillanes said what they signed was just a general admission of guilt of some rules, and does not mean they’re regretting anything.

Gen.Garcia case: a test of Aquino’s anti-corruption drive

Update: Sandiganbayan okayed Garcia plea bargain last May (during the Arroyo administration)

A briefer on the Carlos Garcia case

Update: Tax case filed vs Garcia

Getting away with plunder
The Office of the Solicitor General is set to file an intervention to the plea bargain deal of Maj. Gen. Carlos Garcia, former comptroller of the Armed Forces of the Philippines and the Ombudsman that allowed him to get away with plunder of taxpayers’ money allotted for the soldiers who are asked to lay their life to keep peace and security for the people.

Tuesday, staff members of the OSG were reportedly busy copying the nine volumes of documents that gave a glimpse of the massive corruption in the military.

That’s a welcome news because many are wondering why the Aquino government seemed not to be moving while Garcia, his wife and children were securing their ill-gotten wealth and freedom.

Former police official in Dacer-Corbito case appeals extradition

By VERA Files

Former police officer Michael Ray Aquino has asked the U.S. Court of Appeals to junk the Philippine government’s request that he be extradited for the murder of publicist Salvador “Bubby” Dacer and Dacer’s driver, Emmanuel Corbito.

In his appeal filed Dec. 14, Aquino cited the lack of probable cause, noting the prosecution’s pattern of witness and evidence tampering.

Aquino anchored his appeal on the prosecution’s failure to produce Dacer and Corbito’s remains.

“Without a victim, there is no death. In the absence of death, there is no crime of murder. Without a crime, there can be no basis for a finding of probable cause,” he said.

Promulgation on Oakwood ‘coup’ deferred indefinitely

Hopes to finally be able to perform duty in the Senate next year
Judge Oscar Pimentel of Makati Regional Trial Court Branch 148 today (Dec 16) deferred the promulgation on the 2003 Oakwood coup d’etat case against the Magdalo soldiers including Sen. Antonio Trillanes IV.

Pimentel said he is bowing to the wisdom of President Aquino’s amnesty proclamation for members of the military that rebelled against Gloria Arroyo. Amnesty Proclamation No. 75 has been concurred in by Congress.

Magdalo Spokesman Ashley Acedillo said, “We thank the Court not only for submitting to the grace of the State but more importantly, in keeping with the spirit of the season.”
From ABS-CBN:

The Makati City Regional Trial Court (RTC) on Thursday deferred the promulgation of the decision on the rebellion cases filed against Senator Antonio Trillanes IV and members of the so-called Magdalo Group involved in the 2003 Oakwood Mutiny.

SC acquits Webb et al

Eyewitness’ testimony found ‘unbelievable’

By Nikko Dizon
Philippine Daily Inquirer

Hubert Webb and six others were acquitted Tuesday of the grisly 1991 Vizconde massacre by the Supreme Court, which thrashed the testimony of the prosecution’s star witness Jessica Alfaro as “incredible and unbelievable.”

So, who did it? Who murdered Estrellita Vizconde and her daughters Jennifer, 7, and Carmela, 18, who was raped before being stabbed to death?

Voting 7-4, the high court acquitted Webb, Antonio Lejano, Michael Gatchalian, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada and Gerardo Biong “for failure of the prosecution to prove their guilt beyond reasonable doubt.”

House approves amnesty proclamation for Trillanes et al

Judge Oscar Pimentel of Makati Regional Trial Court denied the petition of Trillanes to cancel promulgation of the coup d ‘etat case in the light of the amnesty proclamation. Promulgation today.

Happy faces say it all
In a vote of 213 “Yes” and seven “No”, the House of Representatives concurred with Proclamation 75 which grants amnesty to military and police personnel who participated in the July 2003 Oakwood mutiny, the February 2006 attempted withdrawal of support and the November 2007 Manila Peninsula siege.

Some congressmen took time to explain their vote. Bayan Rep. Teddy Casiño said, “Patriots deserve freedom.”

While a number of them expressed the hope that it would be the last amnesty to military rebels they would have to concur with, Rep. Salvador Escudero said, “I pray that the present and future governments govern well” so as not to give reasons for members of the military to rebel.

President Aquino on SC decision declaring Truth Commission unconstitutional

Matter of accountability
Marami ang nadismaya sa desisyon ng Korte Suprema na ipawalang-bisa ang Truth Commission. Bilang inyong pinuno, tinatanong ako kung ano ang mga susunod kong hakbang.

Link to the SC decision; cuncurring and dissenting opinions: http://sc.judiciary.gov.ph/jurisprudence/2010/toc/december.htm

Kasalanan ba ang maghanap ng katotohanan? Di ba obligasyon kong tuklasin ang katotohanan? Di ba obligasyon ko rin na maparusahan ang mga lumabag sa batas? Di ba tungkulin nating malinis ang pangalan ng mga inakusahan nang walang base?

Nanumpa po ako bilang inyong Pangulo: ipagtatanggol ko ang konstitusyon; ipatutupad ko ang mga batas; at magbibigay ako ng hustisya sa bawat Pilipino. Sino mang alagad ng katarungan ay sumusumpa rin sa kanilang tungkuling kumapit sa kung ano ang totoo.

Ang hinahabol po natin dito ay katotohanan. Itinatag natin ang Truth Commission upang isara ang sinasabing isa sa mga pinakamadilim na kabanata sa ating kasaysayan—at malinaw na makakamtan lamang natin ito kung patuloy nating tutuklasin at kakapitan ang katotohan.