Waiting for justice
September 14, 2004 | 12:00am
A father is seeking justice for his son, who is convinced he has been wrongfully convicted of a crime allegedly committed 12 years ago.
"Our son was a victim of gross miscarriage of justice. We plead for the case to be reviewed," Roberto de Guzman Sr., the convict’s father, said.
Robert Vincent Edward de Guzman, 33, New Bilibid Prisons (NBP) Inmate N202P-3375 (Brigada 9A) said he was wronged three times over. First, he claimed he was accused by his lover for rape he did not commit. Second, the judge handling the case allegedly overlooked material evidence and sentenced him to a life term in jail. Third, he was denied the relief of an appeal before the higher courts when his case was abandoned by his own counsel.
The elder De Guzman, 52, said that aside from the doubtful circumstances that led to the failure to appeal the decision of Caloocan City Regional Trial Court Judge Jaime Hamoy of Branch 130, it also smelled of negligence and incompetence.
De Guzman said he sought The STAR after exhausting all other options. Hamoy’s dismissal featured in The STAR (Aug. 14, 2004), he said, rekindled their flagging hopes for a review and an eventual dismissal of his son’s case.
Hamoy was the same judge recently sacked by the Supreme Court for sitting on two cases for 13 years and giving lame excuses for his shortcomings.
It was Hamoy who sentenced the young De Guzman to reclusion perpetua on Dec. 17, 2002. Since then, they have sought help from anyone and anywhere they can, including persons in high places – in the Supreme Court, in Malacañang, but came out empty-handed.
The STAR has been trying to reach Hamoy for comment for two weeks, but the judge did not return the calls.
"What if he erred? Shall we condemn an innocent man? For one thing, Hamoy failed to examine the records of the case with care and caution," claimed the father.
The family is convinced the case was mishandled by Hamoy.
Curiously, neither the complainant nor her family, the supposed aggrieved party, were nowhere to be seen in court during the promulgation, he said.
A technicality – failure of the accused to file a motion to dismiss the case because they were abandoned by their lawyer at the last minute – rendered Hamoy’s decision final and executory.
The defense, in a 33-page demurrer to evidence, argued among others that, one, the prosecution failed to prove the guilt of the accused beyond reasonable doubt; two, the allegation of use of force and intimidation on the victim by the accused was unsubstantiated and unproven by evidence; three, the medico-legal findings on the victim’s genitals was compatible with sexual intercourse but not with rape; four, the complainant’s behavior before, during and after the alleged assault is inconsistent with rape; five, material inconsistencies in the testimonies of witnesses raised serious doubts as to the probable guilt of the accused; and six, the testimony of the complainant was full of grave and numerous contradictions seriously affecting her credibility and testimony.
There are still many others cases under Hamoy’s sala, which until his dismissal, awaited his sentence.
Before he was sacked, Hamoy had some 175 cases under him in the same Branch 130, among others, the case of inmate Susano Dilarman Plomo, whose crime was committed 13 years ago.
"How many more are in this situation?" the elder De Guzman asked.
He, however, admitted that they will be able to substantiate their allegations of a misdeed with great difficulty.
"For one thing, because they are lawyers and we are not. And for another, because of the power and influence they wield," he said adding that there is no need for them to pursue the matter.
"We were not after the man (Hamoy) even from the beginning. We only wanted him to declare the truth," De Guzman Sr. told The STAR.
"We feel for his children, his wife, his entire family. We are saddened by the fact that he has lived this long as a judge and this is what happened to him. No money can compensate for the scandal his dismissal has brought upon him," said Remedios, De Guzman’s wife. She said they feel the pain and the anger due to sheer helplessness.
"We are fighting for the truth but we see ourselves utterly alone," Remedios said, holding back her tears.
Robert’s family, who is living in the wretched squalor of Dagat-Dagatan in Caloocan City, admits their ignorance of the law and grinding poverty may be the main reasons why they think they have been led around by their noses.
But they are holding on together, hoping against hope and against the odds, that maybe, just maybe, their quest of elusive justice in the last 12 years, will soon be over.
"Our son was a victim of gross miscarriage of justice. We plead for the case to be reviewed," Roberto de Guzman Sr., the convict’s father, said.
Robert Vincent Edward de Guzman, 33, New Bilibid Prisons (NBP) Inmate N202P-3375 (Brigada 9A) said he was wronged three times over. First, he claimed he was accused by his lover for rape he did not commit. Second, the judge handling the case allegedly overlooked material evidence and sentenced him to a life term in jail. Third, he was denied the relief of an appeal before the higher courts when his case was abandoned by his own counsel.
The elder De Guzman, 52, said that aside from the doubtful circumstances that led to the failure to appeal the decision of Caloocan City Regional Trial Court Judge Jaime Hamoy of Branch 130, it also smelled of negligence and incompetence.
De Guzman said he sought The STAR after exhausting all other options. Hamoy’s dismissal featured in The STAR (Aug. 14, 2004), he said, rekindled their flagging hopes for a review and an eventual dismissal of his son’s case.
Hamoy was the same judge recently sacked by the Supreme Court for sitting on two cases for 13 years and giving lame excuses for his shortcomings.
It was Hamoy who sentenced the young De Guzman to reclusion perpetua on Dec. 17, 2002. Since then, they have sought help from anyone and anywhere they can, including persons in high places – in the Supreme Court, in Malacañang, but came out empty-handed.
The STAR has been trying to reach Hamoy for comment for two weeks, but the judge did not return the calls.
"What if he erred? Shall we condemn an innocent man? For one thing, Hamoy failed to examine the records of the case with care and caution," claimed the father.
The family is convinced the case was mishandled by Hamoy.
Curiously, neither the complainant nor her family, the supposed aggrieved party, were nowhere to be seen in court during the promulgation, he said.
A technicality – failure of the accused to file a motion to dismiss the case because they were abandoned by their lawyer at the last minute – rendered Hamoy’s decision final and executory.
The defense, in a 33-page demurrer to evidence, argued among others that, one, the prosecution failed to prove the guilt of the accused beyond reasonable doubt; two, the allegation of use of force and intimidation on the victim by the accused was unsubstantiated and unproven by evidence; three, the medico-legal findings on the victim’s genitals was compatible with sexual intercourse but not with rape; four, the complainant’s behavior before, during and after the alleged assault is inconsistent with rape; five, material inconsistencies in the testimonies of witnesses raised serious doubts as to the probable guilt of the accused; and six, the testimony of the complainant was full of grave and numerous contradictions seriously affecting her credibility and testimony.
There are still many others cases under Hamoy’s sala, which until his dismissal, awaited his sentence.
Before he was sacked, Hamoy had some 175 cases under him in the same Branch 130, among others, the case of inmate Susano Dilarman Plomo, whose crime was committed 13 years ago.
"How many more are in this situation?" the elder De Guzman asked.
He, however, admitted that they will be able to substantiate their allegations of a misdeed with great difficulty.
"For one thing, because they are lawyers and we are not. And for another, because of the power and influence they wield," he said adding that there is no need for them to pursue the matter.
"We were not after the man (Hamoy) even from the beginning. We only wanted him to declare the truth," De Guzman Sr. told The STAR.
"We feel for his children, his wife, his entire family. We are saddened by the fact that he has lived this long as a judge and this is what happened to him. No money can compensate for the scandal his dismissal has brought upon him," said Remedios, De Guzman’s wife. She said they feel the pain and the anger due to sheer helplessness.
"We are fighting for the truth but we see ourselves utterly alone," Remedios said, holding back her tears.
Robert’s family, who is living in the wretched squalor of Dagat-Dagatan in Caloocan City, admits their ignorance of the law and grinding poverty may be the main reasons why they think they have been led around by their noses.
But they are holding on together, hoping against hope and against the odds, that maybe, just maybe, their quest of elusive justice in the last 12 years, will soon be over.
BrandSpace Articles
<
>
- Latest
- Trending
Trending
Latest
