Thursday, July 16, 2015
The defenses of VP Binay analyzed.
See - (104) The defenses of VP Binay analyzed. - 1.... - Laserna Cueva-Mercader Law Offices
1. Defense No. 1. - Allegations of Plunder against Vice President Jejomar Binay committed when he was still mayor of Makati cannot be used as a basis for his impeachment. Binay could only be ousted for irregular acts committed by him as Vice President.
COMMENT:
Impeachment is an impractical remedy at this time. No one in Congress or in Civil Society is talking about impeachment now. National elections will already be held in May next year. There is no more time for impeachment.
The crime of Plunder is punishable by Reclusion Perpetua. (Sec. 1, R.A. 7080). The prescriptive period for Plunder is 20 years. (Sec. 6, R.A. 7080). The right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees is not be barred by prescription, laches or estoppel. (Id.).
2. Defense No. 2. - The past re-elections of Binay as Makati City mayor negates whatever impeachment grounds may be raised against him. He is immune from suit. He could not be slapped with criminal charges while he sits as Vice President. He must be impeached first.
COMMENT:
We are not talking of impeachment here and now. We are talking of a criminal investigation and prosecution for the crime of Plunder.
A “spare tire” in the Executive Department is not immune from suit. The Constitution does not provide that the Vice President is immune from suit. Jurisprudence has not vested the Vice President with immunity from suit. (Jurisprudence declares that the President is immune from suit, though).
The election of Binay as a “spare tire” (i.e., Vice President) in the Executive Department or his past re-elections as Makati City mayor did not exempt him from criminal investigation, prosecution, and liability. The Constitution and Jurisprudence do not give him that special status. No one is above the law. The justice system exempts no criminals from prosecution. The moving principles behind the Constitution are accountability and justice.
3. Defense No. 3. - The Ombudsman is hell bent on filing a plunder case against Binay. The Ombudsman is not giving Binay ample time to explain himself. The Malacanang Palace (Office of the President), the Liberal Party, the Senate, the Department of Justice (DOJ), and the Office of the Ombudsman are conspiring to oust him from office.
COMMENT:
The incumbent Ombudsman is a trustworthy Jurist. She served the Judiciary with distinction and integrity during the years when the Binay Political Dynasty was raiding the Makati City coffers. Between the self-serving words of Binay and the independent mind and untainted image of the Ombudsman, the Filipinos believe the latter.
The Ombudsman is not stupid enough to deprive Binay of the due process and equal protection clauses of the Constitution or the procedural provisions of the Ombudsman Act of 1989.
Binay is hallucinating in charging the whole Government of conspiracy. A paranoid and a political narcissist, Binay suffers from a delusion of moral purity.
Atty. Manuel J. Laserna Jr.
Partner, Laserna Cueva-Mercader Law Offices
Founder, Las Pinas City Bar Association
Past Vice Pres., IBP PPLM Chapter
Prof. of Law, FEU IL (ret.)
Provisional dismissal; the provision should be construed to mean that the order of dismissal shall become permanent one or two years, as the case may be, after service of the order of dismissal on the public prosecutor who has control of the prosecution without the criminal case having been revived. The offended party and/or his counsel (private prosecutor) must be notified in advance of the hearing on provisional dismissal.
G.R. No. 183994, June 30, 2014, WILLIAM CO A.K.A. XU QUING HE, PETITIONER, VS. NEW PROSPERITY PLASTIC PRODUCTS, REPRESENTED BY ELIZABETH UY, RESPONDENT.
(THE LAWYER'S POST)
(THE LAWYER'S POST)
"x x x.
Second, Co is burdened to establish the essential requisites of the first paragraph of Section 8, Rule 117 of the Rules, which are conditions sine qua non to the application of the time-bar in the second paragraph thereof, to wit: (1) the prosecution with the express conformity of the accused or the accused moves for a provisional (sin perjuicio) dismissal of the case; or both the prosecution and the accused move for a provisional dismissal of the case; (2) the offended party is notified of the motion for a provisional dismissal of the case; (3) the court issues an order granting the motion and dismissing the case provisionally; and (4) the public prosecutor is served with a copy of the order of provisional dismissal of the case.6 In this case, it is apparent from the records that there is no notice of any motion for the provisional dismissal of Criminal Cases Nos. 206655-59, 206661-77 and 209634 or of the hearing thereon which was served on the private complainant at least three days before said hearing as mandated by Section 4, Rule 15 of the Rules.7 The fact is that it was only in open court that Co moved for provisional dismissal “considering that, as per records, complainant had not shown any interest to pursue her complaint.”8 The importance of a prior notice to the offended party of a motion for provisional dismissal is aptly explained in People v. Lacson:9
x x x It must be borne in mind that in crimes involving private interests, the new rule requires that the offended party or parties or the heirs of the victims must be given adequate a priori notice of any motion for the provisional dismissal of the criminal case. Such notice may be served on the offended party or the heirs of the victim through the private prosecutor, if there is one, or through the public prosecutor who in turn must relay the notice to the offended party or the heirs of the victim to enable them to confer with him before the hearing or appear in court during the hearing. The proof of such service must be shown during the hearing on the motion, otherwise, the requirement of the new rule will become illusory. Such notice will enable the offended party or the heirs of the victim the opportunity to seasonably and effectively comment on or object to the motion on valid grounds, including: (a) the collusion between the prosecution and the accused for the provisional dismissal of a criminal case thereby depriving the State of its right to due process; (b) attempts to make witnesses unavailable; or (c) the provisional dismissal of the case with the consequent release of the accused from detention would enable him to threaten and kill the offended party or the other prosecution witnesses or flee from Philippine jurisdiction, provide opportunity for the destruction or loss of the prosecution’s physical and other evidence and prejudice the rights of the offended party to recover on the civil liability of the accused by his concealment or furtive disposition of his property or the consequent lifting of the writ of preliminary attachment against his property.10
Third, there is evident want of jurisprudential support on Co’s supposition that the dismissal of the cases became permanent one year after the issuance of the June 9, 2003 Order and not after notice to the offended party. When the Rules states that the provisional dismissal shall become permanent one year after the issuance of the order temporarily dismissing the case, it should not be literally interpreted as such. Of course, there is a vital need to satisfy the basic requirements of due process; thus, said in one case:
Although the second paragraph of the new rule states that the order of dismissal shall become permanent one year after the issuance thereof without the case having been revived, the provision should be construed to mean that the order of dismissal shall become permanent one year after service of the order of dismissal on the public prosecutor who has control of the prosecution without the criminal case having been revived. The public prosecutor cannot be expected to comply with the timeline unless he is served with a copy of the order of dismissal.11
We hasten to add though that if the offended party is represented by a private counsel the better rule is that the reckoning period should commence to run from the time such private counsel was actually notified of the order of provisional dismissal. When a party is represented by a counsel, notices of all kinds emanating from the court should be sent to the latter at his/her given address.12 Section 2, Rule 13 of the Rules analogously provides that if any party has appeared by counsel, service upon the former shall be made upon the latter.13
Fourth, the contention that both the filing of the motion to revive the case and the court order reviving it must be made prior to the expiration of the one-year period is unsustainable. Such interpretation is not found in the Rules. Moreover, to permit otherwise would definitely put the offended party at the mercy of the trial court, which may wittingly or unwittingly not comply. Judicial notice must be taken of the fact that most, if not all, of our trial court judges have to deal with clogged dockets in addition to their administrative duties and functions. Hence, they could not be expected to act at all times on all pending decisions, incidents, and related matters within the prescribed period of time. It is likewise possible that some of them, motivated by ill-will or malice, may simply exercise their whims and caprices in not issuing the order of revival on time.
X x x.”
Second, Co is burdened to establish the essential requisites of the first paragraph of Section 8, Rule 117 of the Rules, which are conditions sine qua non to the application of the time-bar in the second paragraph thereof, to wit: (1) the prosecution with the express conformity of the accused or the accused moves for a provisional (sin perjuicio) dismissal of the case; or both the prosecution and the accused move for a provisional dismissal of the case; (2) the offended party is notified of the motion for a provisional dismissal of the case; (3) the court issues an order granting the motion and dismissing the case provisionally; and (4) the public prosecutor is served with a copy of the order of provisional dismissal of the case.6 In this case, it is apparent from the records that there is no notice of any motion for the provisional dismissal of Criminal Cases Nos. 206655-59, 206661-77 and 209634 or of the hearing thereon which was served on the private complainant at least three days before said hearing as mandated by Section 4, Rule 15 of the Rules.7 The fact is that it was only in open court that Co moved for provisional dismissal “considering that, as per records, complainant had not shown any interest to pursue her complaint.”8 The importance of a prior notice to the offended party of a motion for provisional dismissal is aptly explained in People v. Lacson:9
x x x It must be borne in mind that in crimes involving private interests, the new rule requires that the offended party or parties or the heirs of the victims must be given adequate a priori notice of any motion for the provisional dismissal of the criminal case. Such notice may be served on the offended party or the heirs of the victim through the private prosecutor, if there is one, or through the public prosecutor who in turn must relay the notice to the offended party or the heirs of the victim to enable them to confer with him before the hearing or appear in court during the hearing. The proof of such service must be shown during the hearing on the motion, otherwise, the requirement of the new rule will become illusory. Such notice will enable the offended party or the heirs of the victim the opportunity to seasonably and effectively comment on or object to the motion on valid grounds, including: (a) the collusion between the prosecution and the accused for the provisional dismissal of a criminal case thereby depriving the State of its right to due process; (b) attempts to make witnesses unavailable; or (c) the provisional dismissal of the case with the consequent release of the accused from detention would enable him to threaten and kill the offended party or the other prosecution witnesses or flee from Philippine jurisdiction, provide opportunity for the destruction or loss of the prosecution’s physical and other evidence and prejudice the rights of the offended party to recover on the civil liability of the accused by his concealment or furtive disposition of his property or the consequent lifting of the writ of preliminary attachment against his property.10
Third, there is evident want of jurisprudential support on Co’s supposition that the dismissal of the cases became permanent one year after the issuance of the June 9, 2003 Order and not after notice to the offended party. When the Rules states that the provisional dismissal shall become permanent one year after the issuance of the order temporarily dismissing the case, it should not be literally interpreted as such. Of course, there is a vital need to satisfy the basic requirements of due process; thus, said in one case:
Although the second paragraph of the new rule states that the order of dismissal shall become permanent one year after the issuance thereof without the case having been revived, the provision should be construed to mean that the order of dismissal shall become permanent one year after service of the order of dismissal on the public prosecutor who has control of the prosecution without the criminal case having been revived. The public prosecutor cannot be expected to comply with the timeline unless he is served with a copy of the order of dismissal.11
We hasten to add though that if the offended party is represented by a private counsel the better rule is that the reckoning period should commence to run from the time such private counsel was actually notified of the order of provisional dismissal. When a party is represented by a counsel, notices of all kinds emanating from the court should be sent to the latter at his/her given address.12 Section 2, Rule 13 of the Rules analogously provides that if any party has appeared by counsel, service upon the former shall be made upon the latter.13
Fourth, the contention that both the filing of the motion to revive the case and the court order reviving it must be made prior to the expiration of the one-year period is unsustainable. Such interpretation is not found in the Rules. Moreover, to permit otherwise would definitely put the offended party at the mercy of the trial court, which may wittingly or unwittingly not comply. Judicial notice must be taken of the fact that most, if not all, of our trial court judges have to deal with clogged dockets in addition to their administrative duties and functions. Hence, they could not be expected to act at all times on all pending decisions, incidents, and related matters within the prescribed period of time. It is likewise possible that some of them, motivated by ill-will or malice, may simply exercise their whims and caprices in not issuing the order of revival on time.
X x x.”
In determining whether the accused’s right to speedy trial was violated, the delay should be considered in view of the entirety of the proceedings
G.R. No. 183994, June 30, 2014, WILLIAM CO A.K.A. XU QUING HE, PETITIONER, VS. NEW PROSPERITY PLASTIC PRODUCTS, REPRESENTED BY ELIZABETH UY, RESPONDENT.
(THE LAWYER’S POST).
“x x x.
First, Co’s charge that his right to a speedy trial was violated is baseless. Obviously, he failed to show any evidence that the alleged “vexatious, capricious and oppressive” delay in the trial was attended with malice or that the same was made without good cause or justifiable motive on the part of the prosecution. This Court has emphasized that “‘speedy trial’ is a relative term and necessarily a flexible concept.”1 In determining whether the accused’s right to speedy trial was violated, the delay should be considered in view of the entirety of the proceedings.2 The factors to balance are the following: (a) duration of the delay; (b) reason therefor; (c) assertion of the right or failure to assert it; and (d) prejudice caused by such delay.3 Surely, mere mathematical reckoning of the time involved would not suffice as the realities of everyday life must be regarded in judicial proceedings which, after all, do not exist in a vacuum, and that particular regard must be given to the facts and circumstances peculiar to each case.4 “While the Court recognizes the accused’s right to speedy trial and adheres to a policy of speedy administration of justice, we cannot deprive the State of a reasonable opportunity to fairly prosecute criminals. Unjustified postponements which prolong the trial for an unreasonable length of time are what offend the right of the accused to speedy trial.”5
X x x.”
Provisional dismissal; notice to counsel for offended party mandatory.
G.R. No. 183994, June 30, 2014, WILLIAM CO A.K.A. XU QUING HE, PETITIONER, VS. NEW PROSPERITY PLASTIC PRODUCTS, REPRESENTED BY ELIZABETH UY,[1] RESPONDENT.
(THE LAWYER'S POST).
"x x x.
We hasten to add though that if the offended party is represented by a private counsel the better rule is that the reckoning period should commence to run from the time such private counsel was actually notified of the order of provisional dismissal. When a party is represented by a counsel, notices of all kinds emanating from the court should be sent to the latter at his/her given address.12 Section 2, Rule 13 of the Rules analogously provides that if any party has appeared by counsel, service upon the former shall be made upon the latter.13 "
A lawyer must resist the whims and caprices of his client, and temper his client’s propensity to litigate.
"The Court reminds petitioners’ counsel of the duty of lawyers who, as officers of the court, must see to it that the orderly administration of justice must not be unduly impeded. It is the duty of a counsel to advise his client, ordinarily a layman on the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his client’s cause is defenseless, then it is his bounden duty to advise the latter to acquiesce and submit, rather than traverse the incontrovertible. A lawyer must resist the whims and caprices of his client, and temper his client’s propensity to litigate. A lawyer’s oath to uphold the cause of justice is superior to his duty to his client; its primacy is indisputable.19[44]
WHEREFORE, premises considered, x x x the Commission on Bar Discipline-Integrated Bar of the Philippines is DIRECTED to investigate Atty. Oscar C. Maglaque for his acts that appear to have violated the Lawyer’s Oath, the Code of Professional Responsibility, and the Rule on Forum Shopping."
G.R. No. 183994, June 30, 2014, WILLIAM CO A.K.A. XU QUING HE, PETITIONER, VS. NEW PROSPERITY PLASTIC PRODUCTS, REPRESENTED BY ELIZABETH UY,[1] RESPONDENT.
Source: THE LAWYER'S POST.
The Philippine National Police | Official Gazette of the Republic of the Philippines
See - The Philippine National Police | Official Gazette of the Republic of the Philippines
"x x x.
Originating from a merging of the Philippine Constabulary and the Integrated National Police, the Philippine National Police (PNP) is the civilian national police force of the Philippines. The following is a brief history of the PNP and the organizational structure that it holds today.
I. HISTORICAL HIGHLIGHTS
The Philippine National Police (PNP) originated from the Philippine Constabulary or the PC, which was inaugurated on August 8, 1901, establishing it as an insular police force under the American regime. On August 8, 1975, Presidential Decree no. 765 was issued, establishing the Philippine Constabulary Integrated National Police or the PC/INP as the country’s national police force. These fragmented and diverse local police units were integrated into a national police force with the Philippine Constabulary as its nucleus.
After the People’s Revolution in 1986, a new Constitution was promulgated providing for a police force, which is “national in scope and civilian in character.” Consequently, Republic Act No. 6975 entitled, “An Act Establishing the Philippine National Police under a Reorganized Department of the Interior and Local government (DILG),” was signed into law on December 13, 1990, which took effect on January 1, 1991. Subsequently, the PNP was operational on January 29, 1991, whose members were formerly the PC and the INP and the absorption of the selected members from the major service units of the Armed Forces of the Philippines such as the Philippine Air Force Security Command, the Philippine Coast Guard, Philippine Navy, and the Philippine Army.
Thus, to further strengthen the PNP into a highly efficient and competent police force, Republic Act No. 8551 entitled “PNP Reform and the Reorganization Act of 1998” was enacted on February 17, 1998, amending certain provisions of Republic Act No. 6975.
The Philippine National Police (PNP) originated from the Philippine Constabulary or the PC, which was inaugurated on August 8, 1901, establishing it as an insular police force under the American regime. On August 8, 1975, Presidential Decree no. 765 was issued, establishing the Philippine Constabulary Integrated National Police or the PC/INP as the country’s national police force. These fragmented and diverse local police units were integrated into a national police force with the Philippine Constabulary as its nucleus.
After the People’s Revolution in 1986, a new Constitution was promulgated providing for a police force, which is “national in scope and civilian in character.” Consequently, Republic Act No. 6975 entitled, “An Act Establishing the Philippine National Police under a Reorganized Department of the Interior and Local government (DILG),” was signed into law on December 13, 1990, which took effect on January 1, 1991. Subsequently, the PNP was operational on January 29, 1991, whose members were formerly the PC and the INP and the absorption of the selected members from the major service units of the Armed Forces of the Philippines such as the Philippine Air Force Security Command, the Philippine Coast Guard, Philippine Navy, and the Philippine Army.
Thus, to further strengthen the PNP into a highly efficient and competent police force, Republic Act No. 8551 entitled “PNP Reform and the Reorganization Act of 1998” was enacted on February 17, 1998, amending certain provisions of Republic Act No. 6975.
II. ORGANIZATIONAL STRUCTURE
1. RELATIONSHIP OF THE PNP TO THE DILG
Pursuant to Republic Act No. 6975 as amended by Republic Act No. 8551, The PNP in under the administrative control and operational supervision of the National Police Commission. Meanwhile, the NAPOLCOM is an attached agency of the Department of the Interior and Local Government for policy and program coordination. The Secretary of the Interior and Local government is mandated to be the Ex- Officio Chairman of NAPOLCOM.
2. THE PNP ORGANIZATIONAL STRUCTURE
In order to accomplish the mission, powers and functions of the PNP, its structure was provided for as follows:
The PNP Command Group is headed by the Chief PNP who is vested with the power to command and direct the PNP. He is also assisted by two Deputies assigned to the administration of the PNP and one for operations side.
The Chief of the Directorial Staff serves as the Chief Operations Officer of the PNP. He coordinates, supervises, and directs the Directorial Staff and the PNP units in the performance of their respective functions.
The Internal Affairs Service (IAS) is headed by a Inspector General who assists the Chief PNP in ensuring operational readiness and investigates infractions of the regulations committed by the members of the PNP.
The Human Rights Affairs Office (HRAO) is headed by a senior police commissioned officer who serves as a manager of the facility that will supervise the implementation of the guidelines and policies on human rights laws.
The Center for Police Strategy Management (CPSM) serves as the Central facility of the PNP in coordinating and integrating all strategy management processes, sustaining its strategy execution and management, and instilling in the organization a culture of strategy focus.
The Center for Police Strategy Management (CPSM) serves as the Central facility of the PNP in coordinating and integrating all strategy management processes, sustaining its strategy execution and management, and instilling in the organization a culture of strategy focus.
The Directorial Staff is composed of 16 directorates. Every Director in each unit has also his defined function in line with his specialization as follows:
The Directorate for Personnel and Records Management (DPRM). The director optimizes the utilization of personnel resources both from the PNP- uniformed and non- uniformed personnel.
The Directorate for Intelligence (DI). The director manages the gathering/collating of intelligence objectives through effective management of all intelligence and counter-intelligence activities of the PNP. He also serves as the linkage of all foreigners with official transactions with the chief PNP.
The Directorate for Operations (DO). The director exercises the command, the control, the direction, the coordination and the supervision of all activities on PNP operations such as deployment and employment of personnel.
The Directorate for Logistics (DL). The director administers and manages material resources needed for the PNP operations.
The Directorate for Plans (DPL). The director plans and programs strategic PNP operations. He also represents the PNP in the inter-agency and international affairs on peace and order.
The Directorate for Comptrollership (DC). The director administers and manages the fiscal financial resources.
The Directorate for Police-Community Relations (DPCR). The director formulates and implements community –related activities, programs and projects. He also supervises the PNP Salaam Police Center to undertake close monitoring, networking and liaisoning activities with the Muslim communities in addressing terrorism and lawless violence in their respective areas to guarantee that the Muslims are not discriminated, oppressed or singled-out.
The Directorate for Investigation and Detective Management (DIDM). The director coordinates. Controls and supervises all investigation activities.
The Directorate for Human Resource and Doctrine Development (DHRDD). The director formulates policies on matters pertaining to human resources and doctrine development.
The Directorate for Research and Development (DRD). The director engages in research and development and does testing and evaluation of self-reliant projects.
The Directorate for Information and Communications Technology Management (DICTM). The director integrates and standardizes all the PNP information systems and resources to further improve the frontline services.
Five (5) Directorates for Integrated Police Operations (DIPOs). The Directors of the clustered areas for Integrated Police Operations, namely: Eastern Mindanao, Western Mindanao, Visayas, Southern and Northern Luzon are given the responsibility to direct and to supervise the conduct of integrated anti-criminality, internal security, counter- terrorism operations, to promote inter-operability with the Armed Forces of the Philippines, and to provide a system to promote regional socio-economic development.
There are 23 National Support Units of the PNP. Eleven (11) of which are administrative while twelve (12) are operational in nature. The eleven
Administrative Units are as follows:
Logistics Support Service (LSS).
Information Technology Management Service (ITMS).
Finance Service (FS).
Health Service (HS)..
Communications and Electronics Service (CES).
Chaplain Service (CHS).
Legal Service (LS).
Headquarters Support Service (HSS).
Engineering Service( ES).
Training Service (TS). and
PNP Retirement and Benefits Administration Service (PRBS).
The twelve (12) operational support units and their respective functions are as follows:
Information Technology Management Service (ITMS).
Finance Service (FS).
Health Service (HS)..
Communications and Electronics Service (CES).
Chaplain Service (CHS).
Legal Service (LS).
Headquarters Support Service (HSS).
Engineering Service( ES).
Training Service (TS). and
PNP Retirement and Benefits Administration Service (PRBS).
The twelve (12) operational support units and their respective functions are as follows:
Maritime Group (MG). This group is responsible to perform all police functions over Philippine Territorial waters, lakes, and rivers along coastal areas to include ports and harbors and small islands for the security and the sustainability development of the maritime environment.
Intelligence Group (IG). This group serves as the intelligence and counter-intelligence operating unit of the PNP.
Police Security and Protection Group (PSPG). This group provides security to government vital installations, government officials, visiting dignitaries and private individuals authorized to be given protection.
Criminal Investigation and Detection Group (CIDG). This group monitors, investigates, prosecutes all crimes involving economic sabotage, and other crimes of such magnitude and extent as to indicate their commission by highly placed or professional criminal syndicates and organizations. It also conducts organized- crime –control, all major cases involving violations of the revised penal Code, violators of SPECIAL LAWS assigned to them such as Anti-hijacking, Anti-Carnapping and Cyber crimes among others and atrocities committed by Communist Party of the Philippines (CPP)/New People’s Army (NPA)/National Democratic Front (NDF).
Special Action Force (SAF). This group is a mobile strike force or a reaction unit to augment regional , provincial, municipal and city police force for civil disturbance control, internal security operations, hostage-taking rescue operations, search and rescue in times of natural calamities, disasters and national emergencies and other special police operations such as ant-hijacking, anti-terrorism, explosives and ordnance disposal. On a special note, the PNP Air Unit is placed under the supervision of SAF.
Aviation Security Group (AVEGROUP). This group provides security to all airports throughout the country.
Highway Patrol Group (HPG). This group enforces the traffic laws and regulations, promote safety along the highways, enhances traffic safety consciousness through inter- agency cooperation concerning Police Traffic Safety Engineering, Traffic Safety Education and Traffic Law enforcement functions and develops reforms in the crime prevention aspect against all forms of lawlessness committed along National Highway involving the use of motor vehicles.
Police-Community Relations Group (PCRG). This group undertakes and orchestrates Police Community Relations program and activities in partnership with concerned government agencies, the community, and volunteer organizations in order to prevent crime and attain a safe and peaceful environment.
Civil Security Group (CSG). This group regulates business operations and activities of all organized private detectives, watchmen, security guards/agencies and company guard forces. It also supervises the licensing and registration of firearms and explosives.
Crime Laboratory (CL). This group provides scientific and technical, investigative aide and support to the PNP and other investigative agencies. It also provides crime laboratory examination, evaluation and identification of physical evidence gathered at the crime scene with primary emphasis on medical, biological and physical nature.
PNP Anti-Kidnapping Group (PNP-AKG). This Group serves as the primary unit of the PNP in addressing kidnapping menace in the country and in handling hostage situations. And
PNP Anti-Cybercrime Group (PNP- ACG). This Group is responsible for the implementation of pertinent laws on cybercrimes and anti-cybercrime campaigns of the PNP.
For the main PNP operating units, there are seventeen (17) Police Regional Offices nationwide which correspond to the Regional subdivisions of the country. Directly under the Police Regional Offices are seventeen (17) Regional Public Safety Battalions (RPSB), eighty (80) Police Provincial Offices which correspond to the number of Provinces in the country and twenty (20) City Police Offices (CPOs) in highly urbanized and independent cities , which are equivalent to a Provincial Police Office.
The Police Provincial Offices have their respective Provincial Public Safety Companies (PPSC) which is utilized primarily for internal security operations (ISO). The number of platoons in a Provincial Public Safety Company is dependent on the existing peace and order situation in the province concerned.
Finally, a total of 1,766 Police Stations are established nationwide and they are categorized as follows: 90Component City Police Stations and 1,507 Municipal Police Stations under the Police Provincial Offices, 131 Police Stations under the City Police Offices, and 38 Police Stations/City Police Stations in the National Capital Regional Police Office which serve as the main operating arms of the PNP for the anti-criminality campaign.
The Police Provincial Offices have their respective Provincial Public Safety Companies (PPSC) which is utilized primarily for internal security operations (ISO). The number of platoons in a Provincial Public Safety Company is dependent on the existing peace and order situation in the province concerned.
Finally, a total of 1,766 Police Stations are established nationwide and they are categorized as follows: 90Component City Police Stations and 1,507 Municipal Police Stations under the Police Provincial Offices, 131 Police Stations under the City Police Offices, and 38 Police Stations/City Police Stations in the National Capital Regional Police Office which serve as the main operating arms of the PNP for the anti-criminality campaign.
x x x.
IV. THE PNP LINKAGES WITH OTHER LAW ENFORCEMENT ORGANIZATIONS
Domestically, the PNP is linked with the other law enforcement agencies through the National Law Enforcement Coordinating Committee (NALECC). This body convenes regularly to foster cooperation and coordination among all law enforcement agencies in the country.
It also supports several law enforcement agencies like the Philippine Center for Transnational Crimes (PCTC) and the Philippine Drug Enforcement Agency.
It is also linked with the International Enforcement Community thru the INTERPOL, with the head of the PCTC as the Secretariat, and the Chief PNP as the Chief of the National Central Bureau and a member of the ASEAN Chiefs of Police or ASEANPOL, and a partner of the United Nations Center for International Crime Prevention (UNCICP).
Domestically, the PNP is linked with the other law enforcement agencies through the National Law Enforcement Coordinating Committee (NALECC). This body convenes regularly to foster cooperation and coordination among all law enforcement agencies in the country.
It also supports several law enforcement agencies like the Philippine Center for Transnational Crimes (PCTC) and the Philippine Drug Enforcement Agency.
It is also linked with the International Enforcement Community thru the INTERPOL, with the head of the PCTC as the Secretariat, and the Chief PNP as the Chief of the National Central Bureau and a member of the ASEAN Chiefs of Police or ASEANPOL, and a partner of the United Nations Center for International Crime Prevention (UNCICP).
V. THE PNP RELATIONSHIP WITH THE AFP
The PNP and AFP complement each other on their pursuit to suppress insurgency, and other serious threats to national security and in times of national emergency prescribed pursuant to Section 12 of Republic Act 8551.
Consequently there are also governing relationships between them as follows:
The PNP enforces laws and ordinances and performs statutory functions while the AFP exercises primary responsibility on matters involving suppression of insurgency and other serious threats to national security.
The PNP and AFP complement each other on their pursuit to suppress insurgency, and other serious threats to national security and in times of national emergency prescribed pursuant to Section 12 of Republic Act 8551.
Consequently there are also governing relationships between them as follows:
The PNP enforces laws and ordinances and performs statutory functions while the AFP exercises primary responsibility on matters involving suppression of insurgency and other serious threats to national security.
The PNP provides assistance to the AFP in insurgency – affected areas while the AFP is also responsible for the integrated territorial defense system.
The PNP assists the AFP for the dispositive action on arrested, captured or surrendered insurgent within the prescribed reglementary period.
The PNP provides assistance to the AFP in the arrest of suspected insurgents with standing warrants of arrest, and
The PNP and the AFP maintain close intelligence coordination and exchanges and share each other’s accomplishments of their respective mission and functions. x x x."
‘Justice and Redemption Go Hand in Hand.’ | The Marshall Project
See - ‘Justice and Redemption Go Hand in Hand.’ | The Marshall Project
"x x x.
Whether or not you agree with President Obama about the need for criminal justice reform, it is undeniable that the speech he delivered in Philadelphia on Tuesday to the annual convention of the NAACP broke new ground. Many presidents have spoken before, and some with great ardor, about law and order. But no sitting president has ever publicly spoken at such length and in such detail as Obama now has about the persistent problems of crime and punishment in this country.
President Barack Obama speaks at the NAACP's 106th National Convention in Philadelphia, Pa., on July 14, 2015. SAUL LOEB/AGENCE-FRANCE PRESSE –– GETTY IMAGES
Pointedly invoking the names of prominent Republicans like Senators Rand Paul of Kentucky and John Cornyn of Texas, part of a bipartisan groundswell for smarter law enforcement, the president called for meaningful change at virtually every juncture: from the first interaction with police officers to prosecutorial charging discretion to the prison sentences imposed by judges to the conditions of confinement to the need for job training for those who are about to be released. Here are key passages from an address that surely will help shape the Congressional debate over justice reform in the weeks to come, along with links to some context: x x x."
(Read the full article....).
Wednesday, July 15, 2015
And You Thought Civil Asset Forfeiture Was Bad Enough... | Cato @ Liberty
See - And You Thought Civil Asset Forfeiture Was Bad Enough... | Cato @ Liberty
"x x x.
"x x x.
In 2012, the U.S. government charged the owner, the colorful Kim Dotcom, and the website’s operators with conspiracy to commit copyright infringement. The defendants are currently resisting extradition to the United States (Dotcom lives in New Zealand), as is their right under extradition treaties. In 2014, the seemingly frustrated government moved to seize the defendants’ considerable assets in a civil forfeiture action, claiming that the assets are probably connected to the alleged criminal activity.
Under civil forfeiture laws, the government can take property without an underlying criminal conviction based only on the allegation of a crime. Those whose property has been seized can get it back by proving that their property is “innocent.” The government, however, is preventing the defendants from even making that argument. Using the “fugitive disentitlement” doctrine, the government is blocking the defendants from challenging the forfeiture.
Fugitive disentitlement has historically been applied only to criminals who escaped custody while appealing a conviction, the idea being that a court could decide to dismiss the appeal because any judgment would be unenforceable against an absent defendant. Here, the government has decided that, because the Megaupload defendants aren’t coming to the United States to defend their property, they are “fugitives” who have lost the ability to defend against that seizure — and the district court agreed. Cato, joined by the Institute for Justice and the National Association of Criminal Defense Lawyers, has filed a brief in the U.S. Court of Appeals for the Fourth Circuit arguing that it’s unconstitutional for the government to use fugitive disentitlement in civil forfeiture proceedings against non-fugitives.
The Fifth Amendment’s Due Process Clause requires an opportunity to be heard and an opportunity to defend against government-initiated actions against your property. Unlike an escaped criminal appellant who is scorning the court’s jurisdiction, in civil forfeiture, it’s the government that has dragged Dotcom and the others into court. Moreover, given the amount of abuse in civil-asset forfeiture, the government shouldn’t be allowed both to profit from the forfeiture and suppress defenses by calling residents of other countries “fugitives.” Finally, the reasons for fugitive disentitlement in criminal appeals simply can’t be transferred to civil-asset forfeiture. When an individual is “on the run” from criminal prosecution, courts can’t enforce judgements against them, but a valid forfeiture order would be fully enforceable against Dotcom if the court has jurisdiction over the property. Fugitive disentitlement is also used to deter felons from escaping justice, but there’s no similar concern here, where the property can’t run away and the claimants are merely residing in their home countries. The Fourth Circuit should not only allow the Megaupload defendants to challenge the seizure, it should also consider striking down as unconstitutional all uses of fugitive disentitlement in civil-forfeiture cases.
x x x."
Tuesday, July 14, 2015
How To Talk To A Lawyer - Tips for Talking to Your Lawyer | Everyday Law
See - How To Talk To A Lawyer - Tips for Talking to Your Lawyer | Everyday Law
"x x x.
"x x x.
1. Get organized. Try to create a clear, comprehensive story of your situation. For example, if it’s an event-related incident (e.g. traffic ticket), you should make sure you write down everything that took place, from start to finish, in chronological order. Create a folder of relevant legal documents. Get a contact list of the witnesses on the scene. Just don’t dump an overload of scattered information on your poor lawyer to sort out themselves.
2. Be detailed. Seemingly frivolous details like the weather may, at first, seem dismissible. But in the eyes of the law, every detail matters; every variable has the potential to help your case. And since your lawyer doesn’t follow your every move (we certainly hope not!), it’s your responsibility to be your lawyer’s eyes and ears so they are looking at the whole (and most importantly, accurate) picture. Give specifics (names, dates, and exact incidents) and factual information to produce that crystal clear view.
3. Be honest. Plain and simple: Don’t lie. Remember that you and your lawyer are on the same team. Your lawyer cannot share confidential information with anyone, unless you give them permission to do so. When you start omitting relevant facts or adding fictitious information to your story, it’ll only hurt you in the end. Be prepared to explain everything to your lawyer—the good and the bad. This will help them give you the right advice and guidance to ensure the best possible outcome.
4. Ask to clarify. If you find yourself confused by all the legal jargon you hear, that’s okay. The law can get confusing, and this is not the time to guess at meanings or pretend to understand legalese. Just let your lawyer know, and they should do their best to explain things in layman’s terms. Getting a clarification or two may go a long way toward putting your mind at ease—and help your lawyer do a better job of handling your case. It’s both you and your lawyer’s job to fully comprehend your legal situation.
5. Keep them informed. Things are bound to change. And when they do, it’s imperative to update your lawyer. Each small detail or development can dramatically change your legal situation—for better or for worse. Some legal situations may take a longer time to resolve so it’s best to keep in contact with your lawyer as new relevant updates pop up.
x x x."
Four Reasons Billing By the Hour is a Competitive Disadvantage
See - Four Reasons Billing By the Hour is a Competitive Disadvantage
"x x x.
"x x x.
1. The Billable Hour Destroys Innovation
For a while now, clients have recognized that a shift away from the billable hour would increase efficiency and the quality of legal services. Lawyers have been slower to embrace the concept.
Until last year, the vast majority of the family law firms in my local bar turned over disclosure via mail or hand delivery. (And the vast majority of those firms where charging their clients copy costs and paralegal rates to make the copies.) Digital copies of pleadings and documents to clients were the exception rather than the rule.
This only changed because our bar association mandated electronic service of documents.
The billable hour guarantees every hour that you spend on innovation takes away from your income. After all, you only have twenty-four hours in a day. And if you allocate time away from billing clients to innovation and technology upgrades, you will be decreasing the total value of your case under the billable hour.
Investing time and money in a top-notch online collaborative portal? Since it saves time, you would actually decrease the total value of your case because your paralegal wouldn’t need multiple hours to organize, copy, and sort disclosure records.
Thinking of using your firms collective knowledge to create a form bank with automated document creation using document assembly software? The billable hour penalizes you for building such firm assets because they decrease the amount of time needed to execute a project like drafting documents. You could have the collective wisdom of a hundred lawyers in your firm’s knowledge bank that automatically generates 95% of a pleading from the click of a few buttons. These pleadings could be superior to your competitions’ pleadings and you could create them in a fraction of the time.
But doing so would only devalue your case under the billable hour, because it would take you less time.
2. The Billable Hour Does Not Capture Value
Creating a knowledge bank that generates automated forms does not work under the billable hour because the billable hour fails to capture value.
The billable hour simply measures time. But value in the eyes of your client is completely unrelated to time. And while you can increase your hourly rate, you are still pricing your services on time, just with a higher dollar amount per minute.
Sam wrote here about staying up late thinking through a case, before finally falling asleep only to dream about the case. Gerry Spence talks about keeping a notepad by his bedside, only to wake up to hurriedly scribble out ideas for a case.
You can’t bill for dreaming. Yet for many lawyers, it is the constant mental tinkering with the problem that leads to striking gold — to having the brilliant “ah-ha!” moment that redefines the structure of the case.
Oddly enough, you will bill more for the time it takes to tell your client about your brilliant new strategy than for the time it took you to come up with the idea itself.
This is a problem.
Clients want value. Whether you are servicing businesses or customers, the best clients will pay you handsomely as long as you can deliver value that exceeds the money you charge.
3. The Billable Hour is an Atrocious Measure of Performance
My firm tracks billables and rewards performance when lawyers meet hourly goals. Much better measures of performance exist; we just don’t have time to worry about them.
Yet I wonder where we would be if for the last couple of years we measured:
- Turnover time: Many clients’ goals include minimizing the time of their case from start to finish. Measuring the turnaround time for the distinct phases of a divorce case would align with this goal and indicate that cases are moving and deadlines are being met.
- Client happiness: Happy clients refer more cases. More cases are good for business. Surveying your clients’ satisfaction is an effective way to measure client happiness. The Net Promoter Score (NPS) is a simple one-question survey that will generate a high response rate and assign a quantifiable number to measure happiness. Moving the score up on a monthly basis is a much better way to recognize achievement than counting hours.
- Unilateral client calls: Related, how about measuring the number of calls lawyers make to clients just to check in and see how they are doing?
My firm has been working on implementing the three measures outlined above. It has been more difficult than anticipated because the culture of the firm relies on the billable hour. For example, we would lose the goodwill received from our clients if we billed them for calling just to see how things are progressing. Yet it is difficult to tell a lawyer whose compensation is tied directly hours billed that we need them to call clients every Friday afternoon and mark the call as non-billable.
If your clients are not getting great service, they will let the world know it with their fingertips. The firms that will be successful in the future will care about their customers so much they will measure and reward their people who care the most. The billable hour impedes those measurements.
4. The Billable Hour Causes Tension Between the Client and the Lawyer
Most painfully, the billable hour causes tension and erodes trust between you and your client.
When you are billing by the hour, the client assumes all the risk. That may sound good at first but it impedes your ability to establish strong client ties — the kind of ties that make your clients “customers” for life and motivates them to tell potential leads what an amazing lawyer you are.
And because the client shoulders all the risk, few lawyers will spend the time and energy necessary at the beginning of a case to scope the anticipated cost. Family law attorneys in particular often decline to give estimates of legal fees due to the uncertainty in the amount of hours required to complete a case. This leaves your client in the dark. If the case spirals out of your control, the client has no choice but to foot the heavy legal costs or be left out in the dark.
This creates tension in the lawyer-client relationship.
At the end of the day, clients expect much more from their business vendors today than they did just ten years ago. This includes your clients. But while the billable hour may make pricing and profit forecasting easier, it is increasingly putting your firm at a competitive disadvantage. It makes you focus on the wrong measurements and metrics, and it takes away your attention from what the client really wants.
x x x."
BIR to report to IRS finance accounts of US citizens in PH and vice versa
See - BIR to report to IRS finance accounts of US citizens in PH and vice versa
"x x x.
MANILA - The Bureau of Internal Revenue (BIR) will now automatically report to the US Internal Revenue Service (IRS) about the financial accounts being held by US citizens in the Philippines and vice versa.
This after Finance Secretary Cesar V. Purisima and US Ambassador to the Philippines Philip S. Goldberg signed Monday a reciprocal inter-government agreement (IGA) that paved the way for the implementation of provisions of the Foreign Account Tax Compliance (FATCA).
FATCA was enacted by US Congress in 2010 to, among others, prevent US citizens from withholding information about their assets overseas.
It requires foreign financial institutions (FFIs) to report to the IRS information about the accounts of US citizen.
FFIs that fail to comply with this rule will be required to pay 30 percent withholding tax for the US-sourced income placed by US citizens in the FFIs.
Purisima said signing of the IGA "underscores the growing international cooperation to curb offshore tax evasion and avoidance."
It also solidified the country's bid to further promote fiscal transparency in Asia Pacific, he said.
"In fact, fiscal transparency is one of the four pillars of the Cebu Action Plan (CAP) the Philippines is advancing in its hosting of the Asia Pacific Economic Cooperation (APEC) Finance Ministers' Process (FMP) meetings," he disclosed.
"Tax evasion across borders is an alarming problem that we can beat back with openness and mutual cooperation. This IGA is an affirmation of that ideal," he added.
Relatively, Goldberg said signing of the IGA "marks a significant step forward in our efforts to work collaboratively to combat offshore tax evasion -- an objective that mutually benefits our two countries."
"By working together to detect, deter, and discourage tax abuses through increased transparency and enhanced reporting, we can help to build a stronger, more stable, and more accountable global financial system," he added.
Before FATCA, the two countries has a treaty that allows for an exchange of information on tax cooperation but the information can only be provided upon request of a party.
On 1 July 2013, the Bangko Sentral ng Pilipinas (BSP) issued a Memorandum urging banks to comply with the FATCA rules to prevent being sanctioned.
Even if the BSP will not penalize banks for non-compliance on FATCA rules BSP Governor Amando Tetangco Jr. said the central bank will continue “to direct banks to take measures, should non-compliance result in unfavorable consequences on the operations of banks.”
”The BSP's actions would be more on working to encourage banks to establish systems that they would need to enable them to comply with the FATCA requirements,” he said.
Earlier, the BSP chief said Philippine banks’ compliance to the FATCA rules is based on the banks’ business decision.
x x x."
Monday, July 13, 2015
GEN. LEONARDO “DINDO” ESPINA, OIC CHIEF, PNP, RETIRES NEXT WEEK
Sometime in the 1st quarter of this year, at the height of the national shock, confusion, sadness and anger caused by the Mamasapano Incident, I sent a text message to Gen. Leonardo (Brod Dindo) Espina stating that the Fraternity admired, and would continue to monitor, his public pronouncements and activities in connection with the incident; and that he should be guided by the Constitution, his Faith, and his Family as he faced the challenges caused by the incident to the institution that he leads, the Philippine National Police (PNP).
From the Senate, where Brod Dindo was then attending a series of exhaustive hearings on the incident, he replied to me to express his gratitude.
As Brod Dindo retires this month from the public service, his true destiny is yet to unravel and manifest itself.
I would not be surprised if by June 2016 Brod Dindo takes his oath of office as a member of Congress or as a Cabinet official or as a Presidential Adviser.
At the age of 56, a great man with a great mind and a great purpose in life cannot and should not be immobilized and paralyzed by a minor interlude in life called Retirement.
I join the whole U.P. TAU OMEGA MU FRATERNITY in expressing our strong moral and spiritual support to Brod Dindo and to his advocacy as a national leader.
LET THE OMEGAN SPIRIT OF EXCELLENCE, LOYALTY, UNITY, SERVICE, AND PATRIOTISM GUIDE HIM AS HE CONTINUES TO SERVE OUR COUNTRY!
LET THE OMEGAN SPIRIT OF EXCELLENCE, LOYALTY, UNITY, SERVICE, AND PATRIOTISM GUIDE HIM AS HE CONTINUES TO SERVE OUR COUNTRY!
Atty. Manuel J. Laserna Jr.
Co-Founder, U.P. Tau Omega Mu Fraternity, 1972
Partner, Laserna Cueva-Mercader Law Offices
Co-Founder, U.P. Tau Omega Mu Fraternity, 1972
Partner, Laserna Cueva-Mercader Law Offices
Right To Privacy and social media.
See - Right To Privacy: Facebook And Online Social Networks (OSN) Privacy…
THE LAWYER'S POST.
"x x x.
In this regard, we cannot give much weight to the minors’ testimonies for one key reason: failure to question the students’ act of showing the photos to Tigol disproves their allegation that the photos were viewable only by the five of them. Without any evidence to corroborate their statement that the images were visible only to the five of them, and without their challenging Escudero’s claim that the other students were able to view the photos, their statements are, at best, self-serving, thus deserving scant consideration.”
x x x
“As applied, even assuming that the photos in issue are visible only to the sanctioned students’ Facebook friends, respondent STC can hardly be taken to task for the perceive privacy invasion since it was the minors’ Facebook friends who showed the pictures to Tigol. Respondents were mere recipients of what were posted. They did not resort to any unlawful means of gathering the information as it was voluntarily given to them by persons who had legitimate access to the said posts. Clearly, the fault, if any, lies with the friends of the mines. Curiously enough, however, neither the minors nor their parents imputed any violation of privacy against the students who showed the images to Escudero.”
x x x
“Had it been proved that the access to the pictures were limited to the original uploader, through the “Me Only” privacy setting, or that the user’s contact list has been screened to limit access to a select few, through the “Custom” setting, the result may have been different, for in such instances, the intention to limit access to the particular post, instead of being broadcasted to the public at large or all the user’s friends en masse, becomes more manifest and palpable”
x x x
“OSN users should be aware of the risks that they expose themselves to whenever they engage in cyberspace activities. Accordingly, they should be cautious enough to control their privacy and to exercise sound discretion regarding how much information about themselves they are willing to give up. Internet consumers ought to be aware that, by entering in or uploading any kind of data or information online, they are automatically and inevitably making it permanently available online, the perpetuation of which is outside the ambit of their control. Furthermore, and more importantly, information, otherwise private, voluntarily surrendered by them can be opened, read, or copied by third parties who may may or may not be allowed to such access.
It is thus, incumbent upon internet users to exercise due diligence in their online dealings and activities and must not be negligent in protecting their rights. Equity serves the vigilant. Demanding relief from the courts, as here, requires that claimants themselves take utmost care in safeguarding a right which they allege to have been violated. These are indispensable. We cannot afford protection to persons if they themselves did nothing to place the matter within the confines of their private zone. OSN users must be mindful enough to learn the use of privacy tools, to use them if they desire to keep the information private, and to keep track of changes in the available privacy settings, such as those of Facebook, especially because Facebook is notorious for changing these settings and the site’s layout often.”
Saturday, July 11, 2015
Effect of Absence in Pre-Trial
See - The Pre-Trial Cannot Be Taken For Granted. It Is Not A Mere Technicality In Court Proceedings For It Serves A Vital Objective: The Simplification, Abbreviation And Expedition Of The Trial, If Not Indeed Its Dispensation... - The Lawyer's Post
"x x x.
The rule is that a court can only consider the evidence presented by respondent in the MCTC because the petitioners failed to attend the pre-trial conference on August 25, 2009 pursuant to Section 5, Rule 18 of the Rules of Court.6 The Court, however, clarifies that failure to attend the pre-trial does not result in the “default” of the defendant. Instead, the failure of the defendant to attend shall be cause to allow the plaintiff to present his evidence ex parte and the court to render judgment on the basis thereof.
The case of Philippine American Life & General Insurance Company v. Joseph Enario7 discussed the difference between non-appearance of a defendant in a pre-trial conference and the declaration of a defendant in default in the present Rules of Civil Procedure. The decision states:
Prior to the 1997 Revised Rules of Civil Procedure, the phrase “as in default” was initially included in Rule 20 of the old rules, and which read as follows:
Sec. 2. A party who fails to appear at a pre-trial conference may be non-suited or considered as in default.
It was however amended in the 1997 Revised Rules of Civil Procedure. Justice Regalado, in his book REMEDIAL LAW COMPENDIUM, explained the rationale for the deletion of the phrase “as in default” in the amended provision, to wit:
1. This is a substantial reproduction of Section 2 of the former Rule 20 with the change that, instead of defendant being declared “as in default” by reason of his non-appearance, this section now spells out that the procedure will be to allow the ex partepresentation of plaintiff’s evidence and the rendition of judgment on the basis thereof. While actually the procedure remains the same, the purpose is one of semantical propriety or terminological accuracy as there were criticisms on the use of the word “default” in the former provision since that term is identified with the failure to file a required answer, not appearance in court.
If the absent party is the plaintiff, then his case shall be dismissed. If it is the defendant who fails to appear, then the plaintiff is allowed to present his evidence ex parte and the court shall render judgment on the basis thereof. Thus, the plaintiff is given the privilege to present his evidence without objection from the defendant, the likelihood being that the court will decide in favor of the plaintiff, the defendant having forfeited the opportunity to rebut or present his own evidence.8
The pre-trial cannot be taken for granted. It is not a mere technicality in court proceedings for it serves a vital objective: the simplification, abbreviation and expedition of the trial, if not indeed its dispensation.9 More significantly, the pre-trial has been institutionalized as the answer to the clarion call for the speedy disposition of cases. Hailed as the most important procedural innovation in Anglo-Saxon justice in the nineteenth century, it paved the way for a less cluttered trial and resolution of the case. It is, thus, mandatory for the trial court to conduct pre-trial in civil cases in order to realize the paramount objective of simplifying, abbreviating and expediting trial.10
In the case at bench, the petitioners failed to attend the pre-trial conference set on August 25, 2009. They did not even give any excuse for their non-appearance, manifestly ignoring the importance of the pre-trial stage. Thus, the MCTC properly issued the August 25, 2009 Order,11 allowing respondent to present evidence ex parte.
The MCTC even showed leniency when it directed the counsels of the parties to submit their respective position papers on whether or not Aguilar and Calimbas could still participate in the trial of the case despite their absence in the pre-trial conference. This gave Aguilar and Calimbas a second chance to explain their non-attendance and, yet, only respondent complied with the directive to file a position paper. The MCTC, in its Order,12 dated April 27, 2011, properly held that since the proceedings were being heard ex parte, Aguilar and Calimbas had no right to participate therein and to cross-examine the witness.
Thus, as it stands, the Court can only consider the evidence on record offered by respondent. The petitioners lost their right to present their evidence during the trial and, a fortiori, on appeal due to their disregard of the mandatory attendance in the pre-trial conference.
x x x."
Litigation lawyers must practice mindfulness/awareness. See this list of free eBooks on Buddhism & Vipassana Meditation. from Pariyatti.Org.
See - http://store.pariyatti.org/eBooks_c_439.html
(www.pariyatti.org).
"x x x.
x x x."
http://store.pariyatti.org/eBooks_c_439.html
(www.pariyatti.org).
"x x x.
x x x."
http://store.pariyatti.org/eBooks_c_439.html
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