DOJ wraps preliminary investigation on Kian delos Santos case

admin   •   October 27, 2017   •   4872


MANILA, Philippines — It was the last Department of Justice (DOJ) hearing on the death of Kian delos Santos, as the DOJ panel submitted the case for a resolution which will determine whether or not the policemen being implicated in the killing should be indicted.

Sixteen Caloocan cops are facing charges for murder, torture, and planting of evidence including PCP 7 Commander Chief Inspector Amor Cerillo.

Twelve of the policemen insisted they should not be charged since only three were present in the crime scene – namely, PO3 Arnel Oares, PO1 Jeremias Pereda and PO1 Jerwin Cruz.

Eight of them did not participate in the operation at all.

“If you will charge them just because they are members of PCP 7 of Caloocan, what kind of law do we have then? Kian’s parents are crying for justice, but what about the innocent cops,” said Atty. Oliver Yuan, the lawyer for the policemen.

The lawyer said that the Public Attorney’s Office should not rely on the findings of the PNP – internal affairs service (IAS) since it is only for administrative proceedings.

“They alleged in their joint reply that there was already a finding of the IAS that all of the respondents are liable. But in truth, there is no decision yet from the IAS,” said the lawyer.

But according to PAO, this is mere alibi of the police

“Those are self-serving allegations which are better threshed out in a trial because usually alibi is the weakest defense,” said Deputy Chief Public Attorney for Luzon. Atty. Howard Areza.

The policemen maintained Kian was killed after he engaged them in a shootout during a legitimate anti-drugs operation. — Roderic Mendoza | UNTV News & Rescue

DOJ orders warrantless arrest of GCTA-freed PDLs who won’t surrender by Sept 19

Maris Federez   •   September 17, 2019

Two days more to go before the expiration of the deadline set by President Rodrigo Duterte for the persons deprived of liberty (PDL) who were freed by virtue of the good conduct time allowance (GCTA).

In the latest Department of Justice (DOJ) data, only around 700 of them have surrendered and are now under the custody of the Bureau of Corrections (BuCor).

This prompted the DOJ to mull over coordinating with the Philippine National Police (PNP) in capturing these freed PDLs even without warrants of arrest, should they fail to surrender after the September 19 deadline.

“Each minute, each hour, each day that you refuse to turn yourself in is a continuing commission of an offense and for that reason, law enforcement agencies may arrest you even without a warrant,” DOJ Secretary Menardo Guevarra said.

The DOJ said they are ready to face anyone who will elevate the matter to the court.

“He may go to court and ask for any relief you wish to obtain from the court, but for now that is how we intend to (do it) and the DILG (Department of the Interior and Local Government) through the PNP (Philippine National Police) is ready to do so after the 19th,” said Guevarra.

Pamantasan ng Lungsod ng Maynila College of Law Dean Attorney George Erwin Garcia, however, said this is a blatant violation of the Constitution.

Garcia said that based on the Constitution’s Bill of Rights, every individual has the right to due process and can only be detained if there is court-issued warrant of arrest or if he is caught in the act of committing a crime.

Garcia said any convict who wishes to challenge this government’s move may file a Petition for a Writ of Habeas Corpus before the Supreme Court.

The Writ of Habeas Corpus orders an individual or government official who has custody of a person to bring that person to the Court to determine if his detention was legally done.

The latest DOJ data shows that of the 1,914 PDLs freed under the CGTA, 692 have already surrendered and are now under the custody of BuCor. (from the report of Nel Maribojoc) /mbmf

DOJ on suspension of 27 BuCor execs: Implement it immediately

Aileen Cerrudo   •   September 10, 2019

The Department of Justice (DOJ) has ordered the immediate implementation of the suspension against 27 Bureau of Corrections (BuCor) executives over their alleged involvement in the ‘GCTA for sale’ scheme.

READ: Ombudsman suspends BuCor execs over alleged ‘GCTA for sale’ scheme

Justice Secretary Menardo Guevarra confirmed that they have already received the order of the Office of the Ombudsman to suspend the 27 BuCor officials for six months without pay.

“The DOJ, through its oversight committee, will direct the Bucor OIC to serve the notices of preventive suspension and implement it immediately,” he said.

Among the BuCor officials that received the preventive suspension is BuCor Documents Section Division Chief Staff Sergeant Ramoncito Roque.

Roque was accused of receiving P50,000 bribe for an early release of one inmate. Two of Roque’s reported middlemen, Maribel Bancil and Veronica Buño, are also suspended by the Office of the Ombudsman.

The DOJ Secretary has directed BuCor OIC Melvin Buenafe to ensure that BuCor’s operations will not be disrupted by the suspension of 27 of their personnel involved in the GCTA anomaly.—AAC (with reports from Nel Maribojoc)

DOJ still verifying reports of foreign convicts freed under GCTA exiting Phl

Maris Federez   •   September 9, 2019

The Department of Justice (DOJ) on Monday (Sept. 9) said that they are still verifying the information that the foreign convicts who were freed under the good conduct time allowance (GCTA) credits have already left the country.

According to DOJ Undersecretary Mark Parete, this is contrary to the report submitted to them by the Bureau of Immigration (BI).

The official added that they still need to verify the names of the said foreign convicts who allegedly have already left the country.

Parete further said that based on the preliminary report they have earlier received, no foreign convicts released under the GCTA had been recorded to have exited the Philippines.

Meanwhile, the Malacañang has also given its assurance that the government will implement the rule of law in going after foreign convicts who were released under the good conduct time allowance (GCTA) credits.

Presidential spokesman and legal counsel Salvador Panelo said they will use the extradition treaties that the Philippines has with other countries and coordinate with its counterpart police authorities on the re-arrest of said convicts.

“Kung ano yung batas [Just what the law states], the law says either they’ll be prosecuted, or they will be deported,” Panelo said.

The Malacañang is yet to receive the official list of the said foreign convicts freed under GCTA.  (from the report of Nel Maribojoc) /mbmf

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