'Dead men can't be charged in legal forum'

MANILA, Philippines -  Two lawmakers reminded Ombudsman Merceditas Gutierrez yesterday that dead men can’t be charged in any legal forum.

Cavite Rep. Elpidio Barzaga Jr. and Bayan Muna Rep. Neri Colmenares were reacting to a report in The STAR that Gumersindo Lasam, who was killed two years ago, was among former and incumbent Department of Agriculture (DA) officials who are facing criminal charges in connection with the P728-million fertilizer fund scam.

Barzaga and Colmenares are among the members of the House of Representatives assigned as prosecutors in the Senate impeachment trial of Gutierrez.

Barzaga said death extinguishes criminal liability.

“Perhaps at the time of the filing of the complaint, the complainants were not aware about the death of Lasam,” he said.

Lasam’s family could submit his death certificate to the Office of the Ombudsman so he could be excluded from the charges, Barzaga said.

Colmenares said the inclusion of Lasam in the charge sheet shows that Gutierrez is not serious in filing the case.

“Their defense that it took them years to investigate (the fertilizer scam) to be thorough is now shattered by this latest mistake,” he said.

“The once impregnable Ombudsman is now crumbling,” he said.

Under the Rules of Court and decisions of the Supreme Court, no criminal case can be filed against a dead man, and that criminal liability is totally extinguished by the death of an accused, Colmenares said.

The Office of the Special Prosecutor (OSP) will verify the reported death of Lasam.

Newspaper accounts of his ambush and killing would have to be validated, according to government lawyers.

The OSP said in the past the dead “had resurrected” after a case against him was dropped.

“Maraming nagpapatay-patayan because death of an accused is already a defense,” said an official who asked not to be named.

Deputy Special Prosecutor Jesus Micael said the OSP has to make sure that Lasam is already dead before charges against him are dropped.

The investigation panel of the Office of the Ombudsman has received no word from the Lasam family or their lawyer, he added. – With Michael Punongbayan, Edu Punay

Micael said the charges against Lasam include malversation of public funds and violation of the Anti-Graft and Corrupt Practices Act.

“The OSP will look into it and validate the matter,” he said.

Micael told The STAR it would be helpful if a lawyer or somebody from the family would present proof of death.

“But we will have it checked,” he said.

“We will make the necessary communication with the NSO (National Statistics Office (NSO) and will make the necessary rectification.

“The OSP would not merely rely on newspaper reports.”

Media reports of Lasam’s killing did not mention that he is among those being probed for alleged involvement in the fertilizer fund anomaly, Micael said.

Meanwhile, Justice Secretary Leila de Lima expressed reservations yesterday over plans to have former agriculture secretary Luis Lorenzo and former undersecretary Jocelyn “Jocjoc” Bolante turned into state witnesses.

“It will not be easy because that is tantamount to giving them immunity,” she said.

De Lima said the testimonies of Lorenzo and Bolante must be scrutinized to identify who were behind the scam.

“There are requisites under the law RA 6981 (Witness Protection, Security and Benefit Act),” she said. “So it really depends on their testimony.”

De Lima said among the requirements for a state witness is that the applicant should not be the most guilty.

“If they want to turn state witness, it’s either they apply with the Office of Special Prosecutor or apply under the Witness Protection Program, where they need to prove threats against their security,” she said.

Lorenzo and Bolante were tagged as masterminds in the corruption case, De Lima said.

De Lima said the government should look into the complaint of Jose Barredo, the whistleblower in the case whose name was included in the charge sheet.

“We will have to look into that – the circumstances why the whistleblower was charged in court,” she said   – With Michael Punongbayan, Edu Punay