What I think of the Plea bargain between OMB Prosecutors & Gen. Garcia?

I think the Plea Bargaining Agreement entered into by the Office of the Ombudsman Special Prosecutors led by Atty. Wendell Sulit with General Garcia in connection with the initial Plunder case filed against him just showed how weak our justice system is. It also somewhat reinforced the stereo type that government lawyers tend to just lose cases that they handle.

It’s a big question why only now that the prosecutor’s are saying that they do not have strong evidence to prove the guilt of General Garcia for the crime of plunder. That the prosecutor’s say that the case will not prosper that why they resorted to the Plea Bargaining agreement that made general Garcia admit for a lesser offense of direct bribery and made him return only 135 million out of the initial 303 million claim of plundered money. The deal also allowed General Garcia to post bail with the amount of Php 60, 000.

Now, who’s really at the losing end? Is General Garcia who just lost 135 million of his bulk wealth? Or the Filipino people who have just been cheated by another Plea Bargaining Agreement? Or the government that seemed to be incompetent in defending the will and welfare of the citizenry?

I think the happiest and most lucky Filipino right now is General Garcia, though he just surrendered 135 million pesos and admitted a crime of direct bribery, he is still a free man now and he has the remaining half of the initial 303 million alleged to be plundered by him during his tenure as AFP comptroller.

The reasoning that the prosecutors have no strong evidence is an alibi that is so weak to believe into. The millions amassed by General Garcia despite of his income and wealth discrepancy is a clear evidence of Plunder. If it is not Plunder, then what we gonna call it?

I think that there could been a lot more way to prove the guilt of General Garcia. His family members are still awaiting extradition, deeper inventory and evaluation of his properties, AFP third party accounting and more. The prosecutors should not just be entering into Plea Bargaining Agreement even without the consent or knowledge of the directly involved agencies. It is a long way to go and our prosecutors should have learned their lessons before not now.

~This is another written essay in completion for my subject Legal Writing this 2nd semester.

 

What I think of Hubert Webb Acquittal?

 ~This is one of my previous essay in completion with my subject on Legal Writing this semester.

I think the recent acquittal of Hubert Webb and company created a lot more questions than answers not just to the people directly involved such as Mr. Lauro Vizconde and the Volunteers against Crime and Corruption (VACC) but to all people around the Philippines and even abroad that followed the proceedings of the so-called “trial of the decade” or the Vizconde Massacre from the Regional Trial Court, the Court of Appeals and the Supreme Court.

I have read, heard and viewed several opinions, commentaries and interviews of the both parties involved in this landmark case – mainly Vizconde and Webb. Still both camps have endless questions, and one key question was if Webb and company are not the real perpetrators, who would it be?

The Supreme Court’s main contention that the testimony of the star witness Ms. Jessica Alfaro were not credible and also the witness herself cannot be credible is a matter of “trial of facts” to which the lower courts have the task at hand to perform, the Supreme Court being the highest court of the land has the power to review decisions of the lower courts as well as the Court of Appeals.

The decision of the Supreme Court created another question, why the high court is now a trial of facts? The credibility of witnesses and their testimony are best observed in the lower courts where the judges can directly and personally observe the actuations, reactions, speech and body language among others of the witnesses. While in the Supreme Court, the justices are just facing and reading the voluminous records and transcripts of the proceedings from the lower courts.

Also, the question of who are now the real perpetrators are still left hanging in the air.Will this question remain unanswered as the case remains unsolved? It would have been more ideal, justifiable and acceptable if upon the acquittal of Mr. Webb and company, the Supreme Court or any related government agency have captured or pinpointed the real criminals. This would have really put an end to this two decade proceedings.

Now, the Motion for Reconsideration filed by Mr Lauro Vizconde I think will just be in any way dismissed by the High Court, for the reason that nobody can be put into double jeopardy, meaning you cannot file the same case and respondent twice. The acquittal has ended the battle of Mr. Lauro Vizconde against Mr. Webb and company.

I feel sorry to Mr. Vizconde that until now justice seemed to be so hard for him to achieve. I just want to believe that if he cannot get justice here on earth, in heaven, he will.

~January 8, 2011