Justice and Rule of Law

Sidebar

Ombudsman goes
easy on generals

WHEN IT comes to hailing to jail alleged crooks in the military and police, the Ombudsman practically accords star-rank officers a mere slap on the wrist.

Only 19 generals of the Armed Forces have actually been prosecuted for alleged corruption in the 22-year history of the Office of the Ombudsman.

Of the 19, one and only one, Maj. Gen. Carlos F. Garcia, was convicted, after pleading guilty to a lesser offense of bribery, and after securing a plea-bargain agreement to evade prosecution for plunder.

Apart from the star-rank officers, however, a big majority or eight in every 10 respondents from the Armed Forces in the cases filed by the Ombudsman since 1988 have been men of lower rank, notably sergeants and lieutenants, and a spattering of colonels.

A PCIJ Documentary

Maguindanao Massacre:
One Year After

On November 23, 2009, 58 people were murdered by a local warlord from Maguindanao in the worst case of election violence in Philippine history. Police have charged members of members of the powerful and wealthy Ampatuan clan for the murder of the 58, who were in a convoy to the local election office to file the candidacy papers of a challenger to the incumbent political family.

Among the victims were 32 journalists, mostly from Central Mindanao. The incident marks the largest number of journalists killed in a single incident in the world, making the Philippines the most dangerous place for journalists in 2009. A year later, hope still flickers for the families of the victims, but the path to justice has been unbearably slow.

Sidebar

Disparities, errors of fact

FACTUAL disparities, possibly errors, litter the various documents and media reports on the criminal and two administrative cases that were filed against Police Senior Inspector Rolando Mendoza and his four co-accused colleagues. Bad police investigation work seems at work, at the very least.

Broken police, broken legal
system broke hostage-taker?

IT ALL started late night of April 9, 2008 when Christian M. Kalaw was arrested by the police for alleged illegal parking and driving without license in Manila.

Two years and four months later, on August 23, 2010 one of those Christian accused of robbery, extortion, grave threats, and physical injuries commandeered a tourist bus and proceeded to hold its occupants hostage.

The hostage-taker would have an 11-hour standoff with the Special Weapons and Tactics (SWAT) team of the Manila Police District (MPD). When it ended, nine people lay dead inside the Hong-Thai tourist bus, which was parked at the Quirino Grandstand in Manila: the hostage taker himself, Senior Inspector (Captain) Rolando Mendoza, and eight Hong Kong nationals.

Wheels of justice grind slow,
results, audit of funds slower

NUMBERS – people, cases, funds – are a messy, maddening mix in the courts. The numbers defy all myth and romance about the majesty and dread that literature ascribes to the men and women in robes, and indications are they pose a perpetual challenge for the administrators of the country’s judicial system.

Indeed, attempts of the judiciary to keep a firm grip on its budget and fiscal processes alone have already triggered periodic delays in completing audit reports, as well as caused recurring disputes on compliance with budget circulars that should apply across the bureaucracy.

Sidebar

Companies & jurists

AMID the relentless reticence of the justices of the Supreme Court to publicly disclose their statement of assets, liabilities and net worth (SALN), the PCIJ launched a research into what could be their business interests and financial holdings by mining public records.

Our first stop was the Securities and Exchange Commission (SEC), where we found various companies listing the names of various justices as either incorporators, stockholders or board members. To verify the list, the PCIJ gathered the latest Articles of Incorporation, General Information Sheets, and Financial Statements of these companies.

Justices keep SALNs secret

High court black hole
in transparency drive

GOOD GOVERNANCE is the solemn promise of President Benigno Simeon Aquino III. Transparency and respect for access to information could enable it; the rule of law, or the prosecution of cases built on evidence before the courts, could assure it endures.

In President Aquino’s epic effort to rid the government of corruption, the judiciary will perform the critical role of arbiter, judge, and guardian. Yet the judiciary itself is nurturing a black hole of information, which could swallow into nothingness initiatives to limit, if not stop, corruption.

Agra cheated in law school – Professor

The former professor of acting Justice Secretary Alberto C. Agra has finally spoken to refute his student’s claim that he was exonerated of cheating in a law subject exam, which he took 22 years ago at the Ateneo de Manila University Law School.

Atty. Avelino Sebastian Jr. said that if Agra was indeed exonerated by the school’s investigating committee that inquired into the reported cheating, how then could the acting justice secretary explain why was Agra the only one who flunked the Wills and Succession subject in 1988, out of seven students who reportedly cheated?

Did Secretary Agra cheat in an exam?
Guess who’s telling the truth!

WHEN I was asked by PCIJ to comment on the allegation that Secretary Agra cheated in an exam that I gave in Law School, I declined the request for a number of reasons: (i) I thought that Secretary Agra and I had settled this issue back in 1993 when we talked about it; (ii) I thought that this regrettable episode has no bearing on the controversy that he now faces; (iii) I do not wish to be dragged into an unpleasant and adversarial discussion; and (iv) I thought it would be unfair to drag other people into this mess since they are not involved in the reputational disgrace which Secretary Agra recklessly inflicted upon himself. However, since he fired the opening salvo by stating that I “maliciously” charged him with cheating, I am constrained to respond to his accusation.

The Justices’ SALNs: Secret!

SIX MONTHS AGO, the PCIJ filed a 19-page pleading with the Supreme Court requesting copies of the statement of assets, liabilities, and net worth (SALN) and personal data sheets (PDS) of the 15 justices of the high tribunal.

The pleading caps four years of a testy tug-o-war for copies of the justices’ SALNs between the PCIJ and the high court, the last bulwark of democracy and the arbiter of constitutional questions in the land.

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