The road to conviction

P-Noy wants those guilty of plunder in the pork barrel grand theft to go to jail.  The Million People marchers share his desire to see these “gods of plunder” in jail.

The Three Furies – Justice Secretary Leila de Lima, Ombudsman Conchita Morales-Carpio, COA Chair Grace Pulido Tan — are giving their best to charge and convict these plunderers. The entire Filipino people, except perhaps for a few followers of HERMES, want them in jail.

However, much as we all desire the same thing, we all need to remember that the final decision whether to convict these plunderers or let them go lies in the hands of the Judiciary — not with P-Noy, not with the Three Furies, not with the Million People marchers and not even with the Filipino people.

So how confident are we that our Judiciary will give the Filipino swift justice? Let us look at some recent examples.

In the morning of November 29, 2009, in the town of Ampatuan in the province of Maguindanao, 58 persons were massacred. Among those killed were 34 journalists. The Committee to Protect Journalists called the Maguindanao massacre the “single deadliest event for journalists in history.”

At least 198 suspects including Andal Ampatuan Jr. and Andal Ampatuan Sr. and several members of the Ampatuan clan were charged with murder. The multiple murder case was originally filed at the Regional Trial Court of Cotobato City in December 2009. It was transferred to the RTC in Quezon City, Branch 221 under Judge Jocelyn Solis-Reyes. Approximately 750 motions, manifestations, oppositions and comments were filed in court from November 2009 to November 2012 including 56 bail petitions.

Then Senator Joker Arroyo remarked that with nearly 200 defendants and 300 witnesses, the trial could take 200 years. A prosecution lawyer computed that it could take 100 years.

For a few months or even years, the Ampatuan massacre was front page news. Radio and television commentators were outraged. Until a new scandal came along and apparently, the public and the media moved on to fresher scandals.

The clamor is for the pork barrel cases to be finished within a year. The PCSO plunder case amounting to P366 million was filed against Gloria Macapagal Arroyo and nine others before the Sandiganbayan in July 2012. It was alleged that the former President conspired with former PCSO executives and Commission on Audit officials in the irregular disbursement of confidential intelligence funds by the PCSO amounting to P366 million between January 2008 and June 2010. The former President was ordered arrested in October 2012.

Although under hospital arrest, she was allowed to run and won as congresswoman from Pampanga. There was a time when media demanded daily bulletins regarding the condition of GMA. But again media and the public moved on to newer scandals.

Then we have the Phoenix Petroleum case. On April 24, 2013, Justice Secretary Leila de Lima found probable cause to charge respondent Dennis Ang Uy, president and CEO of Phoenix Petroleum Philippines and Customs broker Jorlan Capin Cabanes for “violations of the Tariff and Customs Code of the Philippines in connection with allegations of unlawful and fraudulent importation of gasoil, unleaded gasoline and petroleum products.”

In other words, the Justice department found probable cause to charge these two with a P5 billion smuggling case. The amount is big even by Napoles standards.

But then last May 9, a division of the Court of Appeals issued a Temporary Restraining Order (TRO), which effectively prevented the Department of Justice from going ahead with its case against Phoenix Petroleum, Dennis Ang Uy, and Jorlan Cabanes. The three justices who issued the infamous TRO were Romeo Barza, Francisco Acosta and Angelita Gacutan.

Finance Secretary Cesar Purisima issued a statement saying : “TROs like this one effectively prevent the government from prosecuting smuggling.”

The cases merited newspaper ads and press releases from several groups condemning the TRO. But again, the outrage seems to have cooled down, and in fact Phoenix Petroleum is busy opening new gasoline stations even in very public places like EDSA. At least on their part, they seem extremely confident that the smuggling case against them will not lead to any conviction.

The obvious strategy for the HERMES team will be to delay and distract attention away from the actual plunder. Obviously, for those people offense is the best defense.

So Jinggoy Estrada will have his own “bombshells.” Former Congressman Syjuco has filed his own counter plunder case against Drilon. How does this move clear Syjuco’s name? Obviously that is not the intent.

Bongbong Marcos and Bong Revilla are naturally claiming their signatures were forged. And Senator Revilla is even hiring his own handwriting expert to prove that his handwriting was forged.

But sometimes the best of plans can go astray. Already we are seeing a dramatic falling-out between Senator Enrile and long time close confidante Gigi Reyes. It is shaping out to be a classic case of “he said, she said” with opposing versions of who was really responsible for the PDAF allocations. This unfolding drama has all the elements of a potential telenovela including betrayal, love and family feuds.

The Filipino people should not allow their attention to be diverted from the real issues. If we want to break the pattern and this time see justice served, then we must all ensure that the road to conviction does not end in Mendiola but in Padre Faura, the seat of the Philippine Judiciary.

*      *      *

Email: elfrencruz@gmail.com