Gloria Arroyo may be out on bail, thanks to DOJ-Comelec

Pleads not guilty. Feb. 23, 2012. Thanks to GMA7 online for photo

Not surprising at all that Gloria Arroyo might be out on bail in her electoral sabotage case.

That case was meant to be dismissed.

No amount of lamentations by Justice Secretary Leila de Lima and Comelec Chairman Sixto Brillantes will cover the glaring incompetence in the handling of that case.

This turn of events should make President Aquino re-assess the quality of his legal teams at the Department of Justice and the Commission on Elections.

Gloria Arroyo must be made accountable for the many crimes she has committed against the Filipino people but a strong case must be built against her.

We condemn her perversion of the law to suit her interest when she was in power.To use the same deplorable tactic, even if it is on her, would make the current administration no better than hers and negate the people’s desire for genuine reforms in governance.

Last Thursday , Felda Domingo, spokesperson of Pasay City Regional Trial Court Judge Jesus Mupas, said there is a possibility that the motion for bail will be granted because the complainant in the case, which is the Comelec, had failed to present two key witnesses who were supposed to affirm conspiracy between the accused in allegedly rigging the results of the 2007 elections in Maguindanao.

The accused are Arroyo, former Commission on Elections (Comelec) Chairman Benjamin Abalos Sr., former Maguindanao Governor Andal Ampatuan Sr., and former Maguindanao Election Supervisor Lintang Bedol .

The two witnesses are former Maguindanao Administrator Norie Unas and Russam Mabang,former election officer of Pandag, Maguindanao.

Comelec lawyer Maria Juana Valesa said they have lost contact with Mabang and Unas, who is under the Witness Protection Program, does not want to appear in court for security reasons.

Since the case involves Ampatuan, it is understandable for the two witnesses to fear for their lives in the wake of the discovery last week of the chopped remains of one of the witnesses in the 2009 Maguindanao massacre.

Mabang claimed to have fake election results for Bedol. Unas, on the other hand, claimed that he heard Arroyo, in a dinner in Malacanang a few days before the 2007 elections, telling guests that included Ampatuan Sr for them to make sure that that all the senatorial candidates of Team Unity, her administration’s ticket, must win even if they had to cheat. “Dapat 12-0 sa Maguindanao, kahit pa ayusin o palitan niyo ang resulta.” De Lima said Unas told the DOJ-Comelec panel the instruction of Arroyo to his boss, Ampatuan. As expected, Ampatuan denied this.

Unas said when they returned to Maguindanao, Ampatuan summoned Bedol and told the election supervisor that they should deliver what Arroyo wanted.

Bedol delivered, with a lot of tampering of elections results in favor of TU candidates, particularly for Miguel Zubiri.

Bedol later said that he was promised by Brillantes to be made a state witness if he testified to the cheating and implicated Arroyo. The problem was, he never met Arroyo so his testimony stopped with Ampatuan Sr.

Bedol complained of Brillantes’ non-compliance of their agreement when he was included among those charged with electoral sabotage without bail. Brillantes said the charges against him could be withdrawn if he added more to his testimony. Implicate Arroyo, probably? But Arroyo never talked with Bedol.

The only person that brought Arroyo into the picture was Unas, who was said to be part of the planning and cover-up of the 2009 Maguindanao massacre where 58 persons were killed, 32 of them members of media.

For his cooperation, Unas was not charged for his role in the Maguindanao massacre.

It should be recalled that this electoral sabotage of the 2007 elections was filed hastily on Nov. 18, 2011,three days after Arroyo was stopped from leaving the country on the strength of De Lima’s watch list order .

De Lima said they had information that she was going to seek political asylum in the the Dominican Republic.

At that time, no case was filed against Arroyo in the 18 months of the Aquino administration. Thus, there was no hold departure order from the court.

A warrant of arrest was immediately issued by Mupas on Arroyo, hours after the filing of the 2007 electoral sabotage case. No bail was recommended. Arroyo is currently confined at the V. Luna Medical Center.

If Arroyo is granted bail on this electoral sabotage case, there is no other case filed with the Sandiganbayan that would justify her continued detention.Her case in connection with the NBN/ZTE is violation of the anti-graft law which is bailable.

No charges has been filed against Arroyo for her massive cheating in the 2004 elections (as heard in the Hello Garci tapes).Electoral sabotage is not applicable in the 2004 elections because the law was enacted only in 2007.

A number of plunder cases have been filed with the Ombudsman on the Fertilizer scam, Philippine Charity Sweepstakes anomaly, and Overseas Workers Welfare Administration fund mess but they are still in the preliminary investigation stage.

It’s almost two years of the Aquino administration.No strong case has yet been filed against Arroyo. Who should answer for that failure to the Filipino people?

June 3, 2012 9:42 pm  Tags: ,   Posted in: Gloria Arroyo and family, Graft and corruption, Malaya

160 Responses

  1. Mike - June 3, 2012 10:41 pm

    I’m not surprised at all, it’s so obvious and all for show. And now De Lima wants to be Chief justice? OMG!!!

  2. saxnviolins - June 3, 2012 10:55 pm

    The frontrunners in Noy’s mind are De Lima and Kim Henares.

    De Lima, an election lawyer? Ano ba ang practice sa election law? Gapangan, lutuan ng boto. I see no erudition in Leila De Lima.

    Kim Henares? An accountant lawyer, clueless impeachment witness? She will pen decisions on Constitutional issues?

    Humanap sila ng kasing-kalibre ni Cecilia Muñoz-Palma.

    Nandiyan si Justice Remedios Salazar-Fernando, appointed to the Light Rail Authority by Nanay Cory, and from the looks of it, one who writes well.

    Kung gusto ni Noy ng deep-selection, look into the records of Judge Divina Luz Aquino-Simbulan of the RTC of Pampanga.

    Si Corona, walang litigation experience. Papalitan pa ng kapwa walang litigation experience tulad ni De Lima or Henares? Where is the change? Bata-bata lang talaga. Weather weather, ika nga ni Erap.

    At yang mga posturing academics? Tanungin niyo rin ang community of trial lawyers kung kilala yang mga yan. I personally know the litigation caliber of one. But don’t ask me; I will be biased. Pro or con? I will neither confirm nor deny.

    Get it straight from the horses’ mouths. Ask the RTC judges. They will know the caliber of lawyers appearing before them. In fact, they can tell you whether these lawyers appear before them or not.

    And the heck with Pulse Asia survers. Get a survey of the RTC and the MTC judges. These guys are in the frontlines. They would have read the pleadings of these candidates, and would have heard them argue, if they appeared at all.

  3. chi - June 3, 2012 11:04 pm

    The thought of Gloria Arroyo running around Pinas and abroad due to the incompetence of DOJ-Comelec makes me cringe in anger.

    Ayan, the Corona was convicted already wala ng tinik sa dadaanan ninyo. Don’t make any excuses if Gloria is set free out on bail, magtrabaho kayo ng husto at tama.

    At si de Lima pa yata ang gagawing CJ ni Pnoy. Sabi ng hindi qualified e!

  4. Reyna Elena - June 3, 2012 11:18 pm

    1st thing that came to my mind when I read this – all for show. Worse, reading items na De Lima is one daw na kinoconsider for the CJ position.

    I think, this alone does not qualify De Lima for the position.

  5. saxnviolins - June 3, 2012 11:35 pm

    I can understand the value of appointing a woman. It would be a first, and would signify the maturity of the appointing power – breaking the gender barrier, and recognizing that the law has long ceased to be a male bastion.

    Nauna na ang Terminator (Schwarzenegger), with the appointment of the daughter of farmworkers (Filipino-American mother, and Filipino-Portuguese father), Chief Justice Tani Gorre Cantil-Sakauye. Sakauye is her married name.

    http://www.courts.ca.gov/13338.htm

    The Chief Justice started from the Municipal Court (MTC), moved up to the Superior Court (RTC) and later, the court of appeals. So seasoned judge ang pinili ng bodybuilder.

    Sino naman ang pipiliin ng chain-smoker? I hope he displays the same maturity as the bodybuilder.

    I can hear the snide remarks now, from the fans of the chain-smoker. Si Arnold? Yung chimay-killer? Yes. He is all that, and more; kung kapalpakan lang. But you cannot deny, kahit hindi ka Pinoy, mapapa-wow ka sa choice of Chief Justice. In fact, mga puti napa-wow din. The confirmation process in the State of California requires a confirmation by a judicial confirmation panel, and later by the voters.

    the California State Bar Judicial Nominees Evaluation Commission rated her as exceptionally well qualified for the position. At a public hearing on August 25, 2010, she was unanimously confirmed by the Commission on Judicial Appointments, and in a general election on November 2, 2010, an overwhelming majority of voters elected her to that position.

    The quote is from the link above.

    Kaya bang tapatan ng chain-smoker yung choice ng bodybuilder?

  6. duane - June 3, 2012 11:48 pm

    Aside from being a lawyer, isn’t a person’s primary qualification in becoming a judge is WISDOM?

  7. chi - June 4, 2012 12:18 am

    Sakto duane. De Lima just wants to prop herself for a higher position, halatado naman.

    Bakit, ano bang problema kay Justice Sereno, babae din at nasa loob na at siguradong walang aangal ng matindi.

  8. saxnviolins - June 4, 2012 12:32 am

    Nabahiran na si Sereno ng kanyang opinion on the valuation of Hacienda Luisita. Maaaring tunay na naniniwala siyang yon ang dapat na presyo. Ngunit ang pananaw ng tao ay may pagka-pabor, lalo’t mismong dating abogado ng Pangulo, si Justice Bodjie Reyes, ay umayon sa presyo ng nakararami (majority).

    Maraming higit na matagal ng hukom. Si Sereno ay baguhan lang sa paghahatol, kung saan kailangan bukas ang isip, upang tunay na makinig sa magkabilang panig, nang walang naunang pagpasyang sinasaloob.

  9. parasabayan - June 4, 2012 1:28 am

    I said it before and I say it again now, pandak and fatso will never be jailed for anything coz they were clever enough to do crimes using OTHER PEOPLE and excellently cleaning up their tracks. Also, they still have billions of the looted money to pay assassins to get rid of people who fell through the cracks. Having been in power for over 9 years, sabi nga ni Corona, marami pa rin silang mga tao kahit na sa Malacanang. So, kay Pnoy, INGAT KA!

  10. parasabayan - June 4, 2012 1:31 am

    Pandak and Fatso are not done with their evil ways. Hindi sila nananahimik. They are plotting to gain their power back.

  11. parasabayan - June 4, 2012 1:34 am

    Can’t blame these witnesses to be so afraid of losing their lives and those of their families. Ilan na ang pinatay na witnesses sa Maguindanao massacre. Di ba dikit yan si pandak at fatso sa mga mastermind ng massacre?

  12. parasabayan - June 4, 2012 2:41 am

    Seasoned criminals know how to be patient and lay low to methodically carry out their crimes. Tahimik lang ang dalawang ito (pandak and fatso) but beware, makamandag and mga ito!

  13. chi - June 4, 2012 2:42 am

    #8. Salamat atty sax.

  14. parasabayan - June 4, 2012 2:43 am

    Chi, junior justice lang si Sereno kaya aangal ang mga senior justices kung siya ang magiging CJ.

  15. chi - June 4, 2012 2:59 am

    psb, mukhang mahihirapan si Pnoy sa pagpili ng CJ kung ganun, pero huwag naman sana si de Lima o Henares. Let’s see kung sino-sino ang nasa listahan ng JBC na di hamak na kwalipikado sa dalawang cabinet members ni Pnoy.

  16. Mike - June 4, 2012 3:46 am

    #15

    Chi, madali lang kung gugustuhin. Huwag ng tumingin sa malayo. Choose among the 14 remaining SC justices. Ang criteria ay mga sumusunod.
    1. Independence, not affiliated with any political parties.
    2. Knows the law by heart
    3. Not tainted with graft and corruption
    4. Trasparent, willing to sign waiver on SALN & bank accounts & deposits
    5. Not necessarily cute and good looking. Presentable & good hygine would suffice. 🙂

  17. Mike - June 4, 2012 3:47 am

    I meant hygiene 🙂

  18. chijap - June 4, 2012 5:52 am

    Does people really think madali lang i-pin kay GMA and Hubby Mike the electoral fraud?

    Even Erap with all his money and hatred (supposedly) for GMA could not present one.

    Add the millions if not billions GMA and husband has to continue the funds for lawyers and corruption till the end of time.

    Its a good reminder to ask Aquino, what’s next? But i think its a little over to simply indicate incompetence when truly your enemy has cemented all evidence during her term.

    Surely, we don’t believe GMA would leave the presidency without an “no conviction” exit plan, do we not?

    So let’s help instead of demeaning people. What should be the next step?

    Should we not secure the witness who is supposedly missing?

  19. saxnviolins - June 4, 2012 6:26 am

    If Arroyo is granted bail on this electoral sabotage case, there is no other case filed with the Sandiganbayan that would justify her continued detention. Her case in connection with the NBN/ZTE is violation of the anti-graft law which is bailable.

    Even if the crime is bailable, if one can show the court that the offender is a flight risk, the court will withhold departure; it will allow bail, so the accused can go home, and be free from restraint during the trial. Do not associate bail with the right to travel. They are separate rights.

    I cited the case of Ricardo Silverio in an earlier post. Here it is again.

    So bago mag-decide si Mupas (and his hands are tied by the facts), get an order from the Sandiganbayan. The circus at the NAIA should be sufficient factual basis to allege before the Sandiganbayan, and get a hold-departure order, even if bail has already been allowed.

    http://www.lawphil.net/judjuris/juri1991/apr1991/gr_94284_1991.html

  20. Ellen - June 4, 2012 6:44 am

    Thanks, SnV.

    Leaving the country is another matter. But she could be granted bail just so she can go home to her house in La Vista or Pampanga,or even report to work in Congress. Right?

  21. saxnviolins - June 4, 2012 7:29 am

    Yes. She can work in Congress. It is the Court which may order her passport cancelled, or even turned over to the Court. I would pray for its surrender to Court, pending the trial.

    She can go to jail when there already is a conviction. That is the only way we can observe the presumption of innocence.

    I want to strictly observe due process, not because she deserves it, but because the country deserves a strictly functioning justice system.

  22. chi - June 4, 2012 7:32 am

    #16. Mike, nadyan ka naman e, tuluyin mo na nga, hehe.

  23. Ellen - June 4, 2012 8:24 am

    I want to strictly observe due process, not because she deserves it, but because the country deserves a strictly functioning justice system.-SnV #21

    I’m all for this. Yes, for the country, for the nation.

  24. ricelander - June 4, 2012 8:42 am

    How about Rene Saguisag for Chief Justice, kung qualified?

  25. saxnviolins - June 4, 2012 9:31 am

    Rene’s age is more than 70 I believe.

  26. TonGuE-tWisTeD - June 4, 2012 11:41 am

    Rene Saguisag, a distant relative by affinity, is already 72.

    ******************

    I’m all for appointing someone credible yet untainted with association with Aquino. At least not yet. The basic criterion is professional qualification. Anything less is unacceptable. Anything over is management prerogative.

    But we can all choose either to pontificate and patronize rather than to condescend and rebuff but at the end of the day, the appointing power will have to ask the question of practicality not based on some lofty ideal in making the choice.

    Will this candidate embrace the serious attempt at cleansing the gov’t of corruption or just be another Corona with a monkey wrench?

    If I were the appointing power, I’d first like to know if the candidate shares my vision. Management 101.

  27. TonGuE-tWisTeD - June 4, 2012 11:54 am

    I’ve said it before, when many disagreed with me that De Lima has to resign after the rejection of her Luneta Massacre recommendations, because she knew she was right yet she allowed the wrong to prevail. Now we don’t want her promoted.

    Ditto Kim Henares, I’m not sure what happened after the BIR flip-flop on the 20% tax-free CODE-NGO Zero Coupons. She epitomizes a government that contradicts itself.

    Both candidates fail the basic criterion.

  28. xman - June 4, 2012 3:18 pm

    OFF TOPIC:

    Why Philippine mainstream media is suppressing this news?

    Philippine massacre witness dismembered: lawyer

    http://au.news.yahoo.com/world/a/-/world/13842225/philippine-massacre-witness-dismembered-lawyer/

  29. Ellen - June 4, 2012 5:10 pm

    Xman, what suppress are you talking about?

    It’s in the news about two or three days ago. In fact, that’s mentioned in the article above.

    Since the case involves Ampatuan, it is understandable for the two witnesses to fear for their lives in the wake of the discovery last week of the chopped remains of one of the witnesses in the 2009 Maguindanao massacre.

  30. TonGuE-tWisTeD - June 4, 2012 5:19 pm

    Off Topic:

    Harry Roque/Rommel Bagares tandem vs 2 top Chinese news editors on the Scarborough row.

    http://english.caixin.com/2012-05-31/100395982.html

    Excerpt:

    Bagares: Why can’t we separate the two? That is how nations should work with each other – in good faith. Statecraft should not just be a question of national interest, but also equity and common humanity.
    An inability to separate the two shows nothing more than a hysterical, emotional response to a common question of co-existence. In the course of the development of states, you can’t avoid conflicts over boundaries. But the question is, how do you respond to that? If you’re bundling it together with economic relations, then you’re actually saying that you cannot approach the question from a dispassionate perspective, that you can only take an emotional, extreme nationalistic approach. It’s a signal to the international community that you’re not a state mature enough to carry out statecraft based on common humanities. And China, no matter its ambitions as a world power, will be looked at as unable to play by the rules of the international community.

    Roque: I think China hasn’t really recovered from its history of unequal treaties. So the strategy of exerting economic pressure reflects the treatment done to China in the past by England, the U.S. and France…

  31. vic - June 4, 2012 7:08 pm

    Currently the Sitting CJ of Canada SC is a Woman and if one is available and qualified in the country, why not? and here introducing Beverly Mclachlin, not exactly your De lima or Kim Henares, but there should be at least a few dozens there in the country on par or better…go find her and install her to the CJ of the Supreme Court.

    http://en.wikipedia.org/wiki/Beverley_McLachlin

  32. vic - June 4, 2012 7:51 pm

    The Judiciary

    All members of the judiciary in Canada, regardless of the court, are drawn from the legal profession. In the case of those judges appointed by the federal government, which includes the judges of all of the courts apart from those at the bottom of the hierarchy and described generally as provincial courts, are required by federal statute to have been a member of a provincial or territorial bar for at least ten years. Lawyers wishing to become judges must apply to do so and their applications are vetted initially by committees established within the various jurisdictions for that purpose, with the ultimate power of decision residing with the federal cabinet. Analogous systems operate within the respective provinces for appointments to the provincial courts.

    All judges in Canada are subject to mandatory retirement. In the case of some of the judges appointed by the federal government, the age of retirement is fixed by the Constitution Act, 1867, at 75. In the case of all other judges, both federally and provincially appointed, the age is fixed by statute, at either 75 or 70, depending on the court.

    The independence of the judiciary in Canada is guaranteed both explicitly and implicitly by different parts of the Constitution of Canada. This independence is understood to consist in security of tenure, security of financial remuneration and institutional administrative independence;;

    anyone wanting to become a judge or a justice of the Court should apply for the Job..minimum requirements is membership to the Provincial or Territorial Bar for at Least Ten Years….
    http://www.scc-csc.gc.ca/home-accueil/index-eng.asp
    the url above is the welcome address of the CJ in the SC web..read it and understand why there is the necessity of the SC and all the courts to be Impartial and Independent…she said it very Clearly (she is noted to say and write in everyday plain English) and succinctly…

  33. chi - June 4, 2012 8:16 pm

    #26,27. Tongue, you do not fail to give substance to my generality, thanks.

  34. arvin - June 4, 2012 10:51 pm

    Kung sino ang karapat dapat na pumalit kay Corona sana iyon ang ilagay. Huwag pairalin kung sino ang malapit sa Pangulo o iendorso. Mahirap ang ganun kasi tatanaw ng utang na loob. Isang hindi maganda kung may tinatanaw na utang na loob ang isang mataas na opisyal ay dahil pagtatakpan talaga kung magkasala man ang nag aappoint. Hayaan ang JBC kung sino ang nararapat ilagay. Tungkol naman kay Arroyo kung siya man ay makapag bail ay naaayon iyon sa batas. Walang dapat sisihin kundi ang kapalpakan bakit nagkaroon siya ng pagkakataon na makapag bail.

  35. J - June 5, 2012 12:09 am

    WTF is this? We booted Corona out, but Arroyo will also be out on bail?

    Ano ito, one step forward, two steps backward? Gosh!

  36. Oblak - June 5, 2012 12:46 am

    With due respect sa article ni Ms. Ellen, may pagka harsh na ibunton ang lahat ng sisi sa DOJ at COMELEC ang hindi pagsipot ng 2 testigo sa bail hearing. Alam naman ng marami kung bakit hindi sumipot ang 2 testigo lalo na ng lumabas ang balita sa isa na namang testigo sa Ampatuan case.

    I agree na malasado ang electoral fraud na case vs. GMA. Iyun lang ang pwedeng isampa last year at tatakas na si GMA. Sometime kapag minadali ang kaso, pipintasan ng palpak. Kapag matagal naman ilabas ang kaso sa Ombudsman, nababagalan. Isipin na lang natin na napakatuso at wais ni GMA na sinuguradong walang papel na magtuturo sa kanya kaya mahirap ipin down kahit sa preliminary investigation pa lang. unless may isa o dalawang kakanta na may personal knowledge sa ginawa ni GMA, mahihirapan talagang maisampa ang solid case vs. GMA.

    Almost one year na si Ombudsman Morales ang I really wish may mailabas na ng kaso na iaakyat sa Sandiganbayan laban kay GMA.

  37. Oblak - June 5, 2012 1:06 am

    Agree din ako na hindi dapat si De Lima ang ma appoint na Chief Justice. Kung may mapapagpilian sa incumbent SC justices, dapat sa hanay nila kunin ang susunod na Chief Justice.

    Lilinawin ko lang na hindi lang purely election lawyer si De Lima. Maayos ang academic background ni Delima, isa sa sya 3 babaeng topnotchers ng San Beda College of Law noong 1985. She was into private practice at nakilalang lang na election lawyer dahil sya lang ang babaeng lawyer na bumabangga kay Makalintal at Brillantes. HIndi lang maiiwasan na hindi sya maging election lawyer dahil sa father nya na dating taga COMELEC.

    kahit naniniwala akong qualified si DeLima maging justice ng SC, para sa akin, hindi sya dapat ma appoint na Chief Justice. Kung may manonominate ang JBC, sana si Justice Carpio (as the most senior Justice), Justice Sereno, Justice Reyes at Justice Bernabe.

  38. chijap - June 5, 2012 1:44 am

    Sax polluted my mind for me to at least doubt De Lima, no matter how apparently she may be anti-Arroyo that she may actually be a trojan.

    It would be the biggest tragedy if De Lima is the CJ and under her, she would let her real patron go abroad. Sapul sa mukha ni Noynoy yun.

    Of course, kasalanan ito ni Sax for me to be suspicious of De Lima. hehe

    Also, tama na sya nasa DOJ. She has a lot of things to do there.

    Also, let me ask everyone, wala na bang iba except those mentioned?

    I’m sure there are other credible nominees.

  39. xman - June 5, 2012 3:07 am

    #29
    Ellen, sorry, it is my bad.

  40. Ellen - June 5, 2012 8:14 am

    Thanks Xman.

  41. Ellen - June 5, 2012 8:20 am

    With due respect sa article ni Ms. Ellen, may pagka harsh na ibunton ang lahat ng sisi sa DOJ at COMELEC ang hindi pagsipot ng 2 testigo sa bail hearing-Oblak #37

    Oblak, hindi lang naman ang hindi pagsipot ang problema. That’s only the offshoot of a weak case.

    Kung mahina ang kaso, di ba may problema?

    What I tried to point out in the article is the root of the problem – the quality of the legal team at DOJ. That’s shown by the fact that they hastily filed a weak case one year and six months into the Aquino administration. Why did they not file a case earlier?

    I have discussed this problem in previous articles. I’ll try to retrieve it. Malalim ang problema sa DOJ and I don’t know if De Lima realizes that.

  42. Ellen - June 5, 2012 8:23 am

    Refuse nomination for Chief Justice, Lacson tells De Lima

    “Unfortunately for her, she may not be qualified because she has a pending disbarment case, and I heard from inside sources at the Supreme Court that if you have a pending disbarment case, you are automatically disqualified,” Lacson told Senate reporters.

    http://newsinfo.inquirer.net/206859/refuse-nomination-for-chief-justice-lacson-tells-de-lima

  43. parasabayan - June 5, 2012 3:04 pm

    Lacson is mad at de Lima coz de Lima ordered Lacson to be arrested.

    Agree ako na the election sabotage may be weak but I give credit to whoever came up with the idea of coming up with an unbailable case to prevent pandak from leaving. This is a case of “damn if you do, damn if you don’t”.

  44. saxnviolins - June 5, 2012 8:00 pm

    The problem with a weak case is that it is susceptible to a dismissal with prejudice.

    Kung wala kang testigo, nakatengga ng matagal ang kaso. The defense will move for dismissal based on the right to a speedy trial, parang kay Nani Perez.

    Kung mapawalang bisa naman ang kaso, double jeopardy sets in, hindi namakakaulit. The accused walks.

  45. saxnviolins - June 5, 2012 8:22 pm

    Sino pa ang mabagal? Ang mga bata ni Aling Conching.

    She gave them seven days to investigate the chopper deal, already investigated by the Senate. The fact-finding panel asked for 30 days.

    She gave the order on October 17, 2011. They gave the report on November 21, 2011.

    That only produced the complaint, by the panel, as nominal complainants (parang Police, as complainants in a robbery case), which had to undergo a preliminary investigation, before it could be filed before the Sandiganbayan.

  46. Ellen - June 5, 2012 8:34 pm

    PSB,re #43, it was not a case of “damn if you do, damn if you don’t.” You have to remember that when this happened, the Aquino administration was one year and six months old. De Lima had been secretary of justice one year and six months.

    And all she could come up with was an electoral sabotage case on the 2007 elections when Gloria Arroyo was not even a candidate?

    I understand you are supportive of Aquino. But glossing over the incompetence of his people won’t do him good.

  47. Ellen - June 5, 2012 8:39 pm

    What I was stressing in the article is, there is something wrong with the way the legal team in DOJ is doing or not doing its job. PNoy should look into that because GMA’s people in the DOJ seems to be running rings around De Lima.

    That’s the reason behind why no case had been filed during the one year and six months. Tapos nagpasiklab with her questionable Watch List order. Pinalakpakan naman.

    Now, this weak electoral sabotage case. Applauding De Lima for this won’t help in making Gloria Arroyo be accountable for her crimes against the Filipino people.

  48. chijap - June 6, 2012 1:37 am

    Ma’am Ellen, how would you handle GMA’s case or which case would you pursue if be in the position?

  49. Mike - June 6, 2012 2:56 am

    #48

    chijap, madaming kaso ang pwedeng isampa laban kay Gloria. Ito, mamili ka.

    http://arroyocorruption.pbworks.com/w/page/13705457/FrontPage

  50. chijap - June 6, 2012 5:39 am

    @mike,

    I’ll take some of your example and say:

    – “NBN/ZTE and the Supreme Court”

    >> Neri would not betray his patron.

    >> “On July 14, 2008, the Supreme Court dismissed all three petitions questioning the constitutionality of the national broadband deal, saying the petitions became moot when the project was cancelled.”

    >> Case is now with Sandiganbayan
    http://newsinfo.inquirer.net/186517/court-rules-neri-should-be-tried-with-arroyo-abalos

    – “Carlos Garcia and Merceditas Gutierrez”

    >> http://globalnation.inquirer.net/22699/us-turns-over-100000-seized-from-retired-military-comptrollers-sons

    >> Sino nga pala yung nagapprove noong plea deal? Why the former Ombudswoman.

    >> Where is Garcia now?
    http://newsinfo.inquirer.net/60113/carlos-garcia-sent-to-muntinlupa

    – “Jocjoc Bolante and Merceditas Gutierrez”

    >> Merci, to show she’s not merciful and wished not to be impeached filed the cases against the players
    http://www.abs-cbnnews.com/nation/04/15/11/ombudsman-orders-plunder-charges-vs-jocjoc-lorenzo

    >> Merci went on to resign instead of facing impeached. Case is now with Sandiganbayan
    http://newsinfo.inquirer.net/20116/ombudsman-to-pursue-plunder-case-vs-agriculture-chief-lorenzo-bolante-et-al

    ———

    All these lead to GMA, and how? Even the obvious NBN/ZTE, no one is willing to testify.

    Yan yung hirap, we assume its easy to pin the little girl and her husband and that we have slackers or as the thread been saying “incompetent”

    But we forgot how big and deep the tandem did our nation in.

    As Ma’am Ellen suspect, I also have no doubt GMA’s goons are still in the DOJ, the Palace, the Senate, and the Court system, so talagang hindi madali yung dinadaan natin to catch the couple.

    So hopefully people will stop calling people incompetent. I’m willing to conceed that people in the current government are not working for GMA’s conviction but for her acquittal.

  51. chi - June 6, 2012 6:42 am

    Mike, isang katutak pero walang maisip si Leila na kaso against her former boss. 🙂

  52. parasabayan - June 6, 2012 8:39 am

    Ellen, I am not pro Pnoy. I just like to support his anti-corruption drive. His effort may be in vain coz almost all government agencies have this incurable disease but he tries. I just want to support him on this issue.

  53. parasabayan - June 6, 2012 8:56 am

    Sadly too, for a country which had been taken advantaged of by vulture leaders like pandak for so long and those prior to her as well, it will take decades to recover.

    I wish, the anti-corruption agencies, like the DOJ etc will be given a bigger budget so they can pay their men better and corruption may be reduced, cases investigated quicker and solved faster. Malakas ang lagayan dyan sa DOJ and Comelec. I am not surprised that witnesses can be bought!

  54. chijap - June 6, 2012 10:43 am

    (shortened my response):

    All these lead to GMA, and how? Even the obvious NBN/ZTE, no one is willing to testify.

    Back to thread, see Topacio conditioning people about the witnesses no longer willing to testify:

    anc.abs-cbnnews.com/videos/616/topacio-blaming-arroyo-camp-for-mabangs-disappearance-unfair/

    Yan yung hirap, we assume its easy to pin the little girl and her husband and that we have slackers or as the thread been saying “incompetent”

    But we forgot how big and deep the tandem did our nation in.

    As Ma’am Ellen suspect, I also have no doubt GMA’s goons are still in the DOJ, the Palace, the Senate, and the Court system, so talagang hindi madali yung dinadaan natin to catch the couple.

    So hopefully people will stop calling people incompetent. I’m willing to conceed that people in the current government are not working for GMA’s conviction but for her acquittal.

  55. saxnviolins - June 7, 2012 12:11 am

    Abalos is granted bail.

    http://www.tribuneonline.org/nation/20120607nat1.html

    Iba nga lang yung judge.

    Mabagal lang yang si Topacio. Kung matagal na hindi nagpapasya si Mupas, I would take it to the CA, on a petition for habeas corpus, on the ground that the detention is unlawful, there being no strong evidence to hold GMA.

    Madaling palpalin yung argumentong wala pang pasya si Mupas, therefore, it is premature for the CA to take cognizance. Ang dali ng determination of probable cause, ngayon mabagal ang determination of the right to bail. This is certainly, grave abuse.

    Dali-dalian ni Topacio, baka masulot pa siya ng iba.

  56. saxnviolins - June 7, 2012 12:22 am

    Strike two for De Lima.

    GMA, Garci cleared in 2004 poll bribery

    http://www.philstar.com/Article.aspx?articleId=814768&publicationSubCategoryId=63

  57. chijap - June 7, 2012 1:39 am

    Mr. Arroyo and Versoza

    abs-cbnnews.com/nation/06/06/12/mike-arroyo-sued-sandiganbayan

  58. chijap - June 7, 2012 1:45 am

    Key words:

    “There are no documents showing that Atty. Arroyo ever owned any of the choppers sold to the Philippine National Police.”

    “The only thing linking Atty. Arroyo to the chopper deal is the doubtful testimony of Mr. Archibald Po, unsupported by any other evidence – TESTIMONIAL or DOCUMENTARY — made under duress during the Senate Hearings regarding the so-called chopper deal, and which testimony is now subject of a complaint for perjury pending before the Department of Justice.”

    Wala na raw syang share sa LTA. LTA must be a owned by someone else. Sure.

    Also note Mike is heading back out to HK, to withdraw more funds.

    abs-cbnnews.com/nation/06/06/12/mike-arroyo-wants-go-japan-hk

  59. parasabayan - June 7, 2012 5:45 am

    Yan nga ang sinasabi ko, magaling na con artists itong si fatso at si pandak. They used the flaws of the system and used their cronies to hide their loot and do the dirty jobs for them in exchange for a juicy position in pandak’s government. Both of them should write a handbook for the crooks! The title? “How to commit crimes and get away scott free!”

  60. baycas2 - June 7, 2012 6:29 am

    Sec. de Lima, or anyone close or perceived close to P.Noy, please don’t apply to the JBC for the CJ post anymore.

    Sec. de Lima, please attend to your chore at the JBC.

    J. Carpio too, please withdraw your instant nomination for the CJ position.

    J. Carpio, even though you’re in an acting capacity now, please preside over the JBC meetings.

    Thank you.

    —–
    Ref. Corona conviction puts High Court, JBC in uncharted waters, June 5, 2012, By LALA ORDENES-CASCOLAN, VERA Files

  61. saxnviolins - June 7, 2012 7:12 am

    Te said the power vacuum could create a Constitutional impasse. Since the Constitution specified that it is the Chief Justice who must chair the JBC, no one from the other JBC members can do so. “Any internal rule that allows any of the JBC members to Chair the JBC would be unconstitutional because that post and the authority that it confers belongs to the Chief Justice ex officio.”

    Simple lang yan. Pinahihirapan pa.

    All lawyers do that; para mas mataas ang attorney’s fees.

    The Constitution provides:

    Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

    Under the supervision of the Supreme Court di ba? So let the Court en banc order the convening of the JBC. Let the Court, en banc, as well, appoint an acting Chairman.

    Tapos ang usapan.

    There is no conflict with the Constitution, because the JBC is under the supervision of the Court as a whole. Certainly the authority of the Court as a whole is higher than the authority of the Chief Justice. So if the Chief Justice can convene, then the Court can convene as well.

    A Chair merely presides. In fact, the Chairman may yield the Chair, if he is an interested party, as Corona presumably did, when he was nominated.

    Also, if the nominee or applicant is a relative, then the chairperson will have to yield the chair. That would have been the case of Ramon Aquino, when his wife (Justice Griño-Aquino) was appointed as Court of Appeals justice (had there been a JBC then). Similarly, if Carpio-Morales had not yet been appointed Ombudsman, and Carpio is appointed as Chief Justice, then necessarily, when Carpio-Morales is nominated, Carpio would have to yield the chair.

    There is nothing in the Constitution that says that the CJ must chair all meetings. So the Supreme Court en banc may appoint an acting JBC chair, until the CJ is appointed.

    Anong sabi ni Alan Cayetano? The complicated must yield to the simple. Bono Adaza must yield to Lito Lapid. Convicted na po, wala nang TRO or mistrial.

  62. saxnviolins - June 7, 2012 8:26 am

    If the Supreme Court en banc appoints an acting chair of the JBC, under its supervisory authority, who can question that? Bono Adaza?

    The Court has the last say on how the Constitution is interpreted di ba?

    Tama na yang paralysis of analysis. Get the ball rolling and let us see who is being considered.

    At para niyo nang awa. Huwag naman si Aling Leila, Aling Kim, or the posturing academics. Kumuha naman kayo ng seasoned jurist. Pito na ang outsider sa Supreme Court, including Sereno. Tama na. Reward the poor underpaid clean judge.

    That is the job, by the way; finding a clean competent one.

  63. saxnviolins - June 7, 2012 8:51 am

    Post 19, 20, 21

    I said that posting bail is not a bar to a hold departure order. Eto na nga, ginawa ng RTC kay Abalos.

    http://news.manilastandardtoday.com/2012/06/07/arroyo-abalos-score/

    The judge said he would be issuing a hold-departure order against Abalos to make sure he did not leave the country while his case was being heard.

    So kung hold departure lang ang gusto, hindi na kailangang non-bailable ang demanda.

  64. chijap - June 7, 2012 1:23 pm

    My oh my, Ping at the DILG and De Lima in DOJ?

    abs-cbnnews.com/nation/06/07/12/ping-kiko-join-cabinet-lacierda

    Or baka naman De Lima is getting promoted as Senator?

  65. Ellen - June 7, 2012 3:43 pm

    Re De Lima’s senatorial plans, she has a problem. Read my column last April 29:

    Justice Secretary Leila de Lima is a survey favorite for senator. We heard,however, that she would prefer to be appointed to the Supreme Court because the Iglesia ni Cristo, would not only NOT endorse her. The religious group, which is a voting force to reckon with in the local elections more than in the national level, is said to be thinking of making as a condition for endorsement of local candidates the non-inclusion of de Lima’s name in the senatorial lineup. It has something to do with the injustice done to former National Bureau of Investigation Director Magtanggol Gatdula, an INC member.

    http://www.ellentordesillas.com/2012/04/29/no-such-thing-as-strange-bedfellows-in-politics/

  66. chijap - June 8, 2012 2:15 am

    Mas lalo na sana De Lima runs for Senate. To prove and remind these block voting groups to stop being threats.

    Nakakasawa na may INC or JIL or El-Shadai or the RC for that matter who use religion for politics.

    Yan ang problem sa atin, panggap lang yung religion.

    As a foreigner friend once said, problem with Filipinos is they commit crimes monday to saturday without fear since on sunday they get to cleanse their sin with promises of entering heaven via a mass or a confession, sabay may donation ah.

    Sa kanya, what happens when you die on a weekday?

    Sa akin, parang playstation. Pag mali yung laro mo, reset na lang lagi.

  67. baycas2 - June 8, 2012 3:07 am

    chijap,

    Is that a dig at Manny (Pacquiao)?

  68. chijap - June 8, 2012 3:30 am

    haha

    bato-bato sa langit…

    —————

    anc.abs-cbnnews.com/videos/662/abalos-camp-walks-out-of-bail-hearing/

    Di ko gets yung issue binabanggit ni Abalos. So mali daw to hear witnesses during a bail proceeding?

    Ultimately he was denied bail on this case.

    Side comment: Dun sa kaso ni Mike, may Mike Jr. Dito sa kaso bi BenBurjer, may Benhur. Ang future talaga ng Philippine politics is with the children.

  69. baycas2 - June 8, 2012 3:31 am

    Parang kagaya noong 2010, kung walang short list wala sanang midnight appointment.

    Ngayon, kung walang de Lima, Carpio, o sino pa diyang may bahid P.Noy na maaaring magdulot ng hidwaan sa Korte na nasa short list wala ring maa-appoint si P.Noy kungdi ang karapat-dapat lang.

  70. MPRivera - June 10, 2012 6:32 pm

    meron halos 70 kaso ang isinampa laban kay da goyang, kapamilya, kapatid, at kapusod. ito ‘yung pinagkaisahang busalan ng mga kawatan sa korteng sobrena. napakahaba nito at hinihingi ko ang pahintulot ng maybahay:

    Sc THief Justice’s ’19-0′ votes for Former President Arroyo

    1.EO 464
    2.THE MEGA PACIFIC DEAL
    3.BYPASSING THE COMMISION ON APPOINTMENTS
    4.OAKWOOD MUTINY
    5.DISQUALIFYING FPJ
    6.NATIONAL ID SYSTEM
    7.EXECUTIVE PRIVILEGE AND JPEPA
    8.VAT REFORM ACT
    9.GAG ORDER IN MILITARY OFFICERS
    10.TRUTH COMMISSION
    11.MIDNIGHT APPOINTEE
    12.CAMARINES SUR DISTRICTS
    13.KOKOY ROMUALDEZ CASE
    14.DANIEL SMITH RAPE CASE
    15.MORO REBELS AND THE MOA-AD
    16.NERI AND THE NBN-ZTE SCANDAL
    17.HELLO GARCI
    18.PROCLAMATION 1017
    19.CHARTER CHANGE
    and more coming…
    Former Fake Pres. Arroyo , corruption and many
    1. NBN ZTE Scandal
    2. Millions of bribe money to Congressmen and Governors
    (October 2007)
    3. Cheating in 2004 Elections (HELLO GARCI)
    4. Joc Joc Bolante Case (Fertilizer Scam, P728 Million)
    5. JOSE PIDAL Bank Account (Unexplained Wealth, P200
    Million)
    6. NANI PEREZ Power Plant Deal ($2 Million)
    7. Use of Road User’s Tax for Campaigning
    8. Billion Peso Macapagal Boulevard (Overprice of P532
    Million)
    9. Juetengate? (Illegal Numbers game kickbacks)
    10. Extra Judicial Killings
    11. Arroyo Moneys in Germany (Exposed by Senator Cayetano)
    12. General GARCIA and Other Military Men
    13. Billion Peso Poll Automation contract to(Mega Pacific)
    (P1.3 Billion)
    14. Northrail Project($503 Million)
    15. Maguindanao Results of 2007 Elections (ZUBIRI, BEDOL)
    16. NAIA-3
    17. Venable Contract (Norberto Gonzales)
    18. Swine Scam (Exposed by? Atty. Harry Roque
    19. GLORIA Arroyo son hidden assets in united states
    20. EURO GENERAL’S
    21. CALAMITY FUND SCANDAL.
    22. C-5 road controversy — Senator Manuel Villar
    23.P550-million worth of funds from the Overseas Workers’
    Welfare Administration (OWWA).
    24. P780-million LWUA funds-PROSPERO PICHAY
    25. BISHOPS’s SUV-Gloria Birthday gift
    26. Arroyo linked in P325M lotto intelligence fund
    27. Arroyo got P200M in kickbacks from govt projects-Zaldy
    Ampatuan
    28. P200.41 billion or $4.6 billion in Malampaya royalties
    from 2002 to May this year.
    29.LACSON ACCUSED FG MIKE ARROYO OF SELLING 3 REFURBISHED
    HELICOPTERS TO PNP AT P105 MILLION EACH
    30. 600,000 metric tons of Rotten rice imported from
    India.Kishore Hemlani, an Indian trader allegedly close to
    Arroyo, reportedly bagged the P9.5 billion contract for
    the rice importation.
    31. DATO ARROYO wife bought the condo unit for $570,000,
    70-square-meter one-bedroom, one-bathroom unit (Unit
    No. 533) at the luxury high-rise, full-service Gramercy
    Towers located at 1177 California St. in upscale downtown
    San
    Francisco.
    32.- P50-million bribe to FG for the president’s veto of
    two franchise bills
    33. The additional funding led to a 41-percent spike in
    advertising expenses, from P76.129 million in 2008 to
    P107.420 million in 2009, which went mostly to ads for
    Arroyo’s achievements.
    34. The report said the PIA received from the Department
    of Budget and Management a notice of cash allocations
    amounting to P344.789 million, even though only P222.488
    million was appropriated for it under the national budget.
    35.- Denial of pork barrel funds to Malacanang’s political
    enemies
    36.- Praises for Jovito Palparan, alleged mastermind of
    extra judicial killings of militants
    37.- Removal of govt bodyguards for former pres and Arroyo
    critic, Cory Aquino
    38.- Appointment of manicurist as a member of the board of
    Pag-Ibig
    39. Appointment of gardener as deputy of the Luneta Park
    Administration.
    40. MIDNIGHT APPOINTMENT of Fake President Arroyo,RENATO CORONA, as SC
    Thief Justice
    200+ other illegal midnight appointments
    41.- MIKEY ARROYO’s undeclared properties in California
    42.- Pardon of controversial convicted criminals like
    Ninoy’s murderers
    43.- EO 464; requiring Cabinet members to seek
    presidential clearance before testifying in Congress
    hearings
    44.- Promise (on Rizal Day) to not run for the presidency
    in 2004
    45.- “Vote Buying” by giving away Philhealth cards
    46.- Taxpayers’ money for her giant billboards and and
    PCSO tv campaign ads[/b]
    47- Appointment of Ben Abalos, a staunch GMA ally, as
    COMELEC chair
    48.- Mikey Arroyo’s importation of 32 thoroughbred horses
    from Australia worth P384 million.
    49.Former First Gentleman Mike Arroyo used 2 choppers 16
    times, son Mikey 69
    50.PNoy: PAGCOR spent P1 BILLION on coffee
    51.Jose Miguel Arroyo owned helicopters’
    all Robinson R44 Raven Is with Series Nos. 1370 to 1374
    A total of $1,423,025 was paid to Lionair for the five
    helicopters.
    52.Pagcor ‘pabaon’ to Gloria Macapagal-Arroyo: P345M
    53.The godmother’s ties to the Pinedas(Jueteng lord)
    54. Glorietta 2 and Batasan bombings
    The Glorietta 2 bombing happened during the height of
    the bribery case which took place in Malacañang.
    55. Misuse of Balikatan funds Navy Lt. Nancy Gadian
    revealed an alleged malversation of funds in 2007
    56. Solon: Charge Gloria Arroyo for taking P98-M from
    PNoy’s social fund
    57. 50 MILLION PABAON GENERALS
    Former Armed Forces chiefs of staff Narciso Abaya,
    Dionisio Santiago, Generoso Senga, Hermogenes Esperon, and
    Alexander Yano,chiefs of staff – Angelo Reyes, Diomedio
    Villanueva, and Roy Cimatu and MANY MORE..
    58.Colmenares: GMA had P488 billion in ‘pork.
    59. P1 BILLION down the drain in Arroyo-era jatropha
    project—DOST chief
    60.Fishers push plunder rap vs Arroyo in purchase of ice machines( overpriced at P455 million in 2009.)
    61.$225-million overprice of Metro Rail Transit Corp. (MRTC),
    62.Ongpin “front” for former First Gentleman Mike Arroyo in a P660-million loan from the Development Bank of the Philippines (DBP)…
    63.sale of the old Iloilo airport for P1.2 billion to Megaworld Corp. in 2007

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