E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL
DEMAREE J.B. RAVAL
Obstruction of justice
Sunday, 05 04, 2003
The blank wall that the Department of Justice (DoJ) faces in its investigations into the reported human rights violations in Barangay Tambong, Gloria, Oriental Mindoro is the product of a possible cover-up and non-cooperation by the Army officers in the 204th Infantry Brigade Headquarters in Oriental Mindoro. The continuing failure to identify the military personnel involved in the mauling and harassment of residents of Barangay Tambong, including the killing of activists Eden Marcellana and Eddie Gumanoy on April 20, opens the officers to a possible prosecution for obstruction of justice. Presidential Decree No. 1829 penalizes obstruction of the apprehension and prosecution of criminal offenders. It would do well for the officers of the brigade headquarters not to prevent anyone from testifying in the ongoing investigations, or of altering, destroying, suppressing or concealing any paper relevant to the reported human rights violations, or even of harboring or concealing or facilitating the escape of any one they know or believe to have committed the same.
That undersecretary Jose Calida, DoJ Task Force Head, is not satisfied with the investigation report submitted by the 204th Brigade should serve as a warning for the officers to now cooperate. A military man was already identified as among those involved according to Calida, but the report surprisingly stated that “no names surfaced as to who (the armed men involved in the harassment) are.” There was even a claim in the report that no member of the military unit had been involved in the mauling and harassment in Gloria. Witnesses and relatives of the victims, at least seventeen of them, have already come forward to offer their statements to Calida. The 204th Brigade had better cooperate; otherwise, Calida may make good his threat to file charges for obstruction of justice.
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The Presidential Anti-Graft Commission (PAGC) filed charges last year against officials of the Public Estates Authority (PEA) believed to have been involved in the overpriced construction of the President Diosdado Macapagal Boulevard in Pasay City. But now comes the Commission on Audit (CoA) with the report of its audit team concluding that the total project cost, including the price adjustments, is 'reasonable and therefore not overpriced.'
Even a moron will make the conclusion that a 2.3 km road constructed at cost of P837.3 million is grossly overpriced compared to the 1.4 km stretch, constructed in the same area, costing only P132.5 million, and to another adjacent project, 1.2 kms this time, at a cost of only P164.8 million.
The CoA is supposed to conduct audits to prevent misuse of government funds and stem corruption. Its evaluation report issued while a graft case is pending with the PAGC is an obvious attempt to affect the course of the ongoing investigation.
This is another case of obstruction of justice. It is no wonder then that lawyer Nards de Vera, counsel of whistleblower Sulficio Tagud, has labeled the objectivity of the report as “suspect.” Indeed, the CoA auditors assigned to the PEA were among those charged before the PAGC. Would the public then expect a different report?
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Charter change through the Constituent Assembly mode is being derailed by the foisting by oppositors of a scenario of “No Elections” in May 2004 and its concomitant effect of “Term Extension” for the present members of Congress. Rep. Antonio Nachura is right in labeling this as pure black propaganda and fabrication, given the repeated pronouncements of Constituent Assembly proponents that there will definitely be elections in May 2004, but this time under a parliamentary form of government, should the constitutional amendment be adopted and submitted to a plebiscite by the end of the year.
The serious campaign for change and reform should not be derailed any further. While the clamor for Charter change has been around for fifteen years now, absolutely nothing has moved toward realizing that. Ninety four percent of the country’s barangay officials polled after the 6th National Convention of the Liga ng mga Barangay in Cebu City overwhelmingly declared for Charter change in their quest for greater political and fiscal autonomy. Of those in favor of Charter change, 80 percent opted for a Constituent Assembly. Our representatives in Congress should move now. In the Senate, proposed Senate Concurrent Resolution No. 13 co-authored by senators Robert Barbers and Edgardo Angara should now be tackled.
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The ever-sleuthing Sen. Nene Pimentel made public the presence of two American consultants in the Energy Regulatory Commission (ERC). These consultants are reported to be connected with AGILE, the project funded by the United States of Agency for International Development. Pimentel called on the ERC to cancel the services of the consultants, to dispel suspicion that the independence of the ERC is being undermined in decisions that affect the power industry.
The tentacles of AGILE are everywhere and they have been denounced in Congress since many months ago. The ERC should not have waited for this demand for cancellation of services from Pimentel. ERC should move to salvage its credibility by effecting the immediate cancellation, specially now that absolutely no foreign influence must ever be suspected in ERC’s role in the ongoing negotiations to privatize the National Power Corp. and the National Transmission Commission, where American companies are among those involved.
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We welcome the reported appointment of Judge Norberto Geraldez to the Sandiganbayan. Now-Justice Geraldez brings to the Sandiganbayan the wealth of his experience as a long-time trial judge. His appointment, following his being the top recommendee of the Judicial and Bar Council, is a testimony to the JBC’s recognition of learning and experience, and its independence of mind in the selection of its recommendees.
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