Lian Buan Profile picture
23 Feb, 10 tweets, 3 min read
QC Metropolitan Trial Court finds 38 Kadamay members guilty of other forms of trespass for occupying a property in Tandang Sora in 2017. They are sentenced to pay a fine of P200 each. Almost 4 years of trial, the State stands to earn P7,600 from the urban poor. @rapplerdotcom
There were supposed to be 41 respondents, but 3 have died since. In the decision, Judge Don Ace Mariano Alagar said: "The court understands that accused were driven by self-preservation under the circumstances and will thus impose the penalty of fine instead of imprisonment."
According to court's record, urban poor residents lived on property for 3 decades until QC local govt demolished their houses in July 2016 because they were fire hazards. Thet lived on the street for 9 months, record says, and were forced to enter fenced property in April 2017.
After living on the streets for 9 months, they were forced to enter the fenced property where their houses used to stand because there was going to be an MMDA clearing operations.
Kadamay members invoked state of necessity, which, under Revised Penal Code, would be a justifying circumstance. The MMDA clearing ops created a state of necessity to occupy the property, Kadamay said. Court disagreed saying clearing op was legal, expected, and anticipated.
RA 10951 actually imposes a maximum P40,000 fine on other forms of trespass, but this was signed into law only in July 2017, or 3 months after the incident. Judge applied the old RPC fine of not exceeding P200.
This was Epifana Rufa in Camp Karingal in 2017, when she was arrested. She was 83 years old at the time.
This was them in 2017 in Camp Karingal.
In 2017, there were 8 senior citizens arrested. Two of them – Tirso Mangubat and Mark Anthony Roadilla – have died since.

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More from @lianbuan

24 Feb
JUST IN: In high level UN meeting, Justice Sec Menardo Guevarra says their drug war review found that "no full examination of the weapon" was conducted in Nanlaban cases. No request for ballistic examination or paraffin test was pursued to completion @rapplerdotcom
Guevarra: In more than half of the records reviewed, the law enforcement agents involved failed to follow standard protocols pertaining to coordination with other agencies and the processing of the crime scene.
Guevarra: We have referred these initial findings to our police authorities and we have been informed that the appropriate internal investigations of thousands of these incidents have been conducted. Scores of police officers have been recommended for admin and criminal action.
Read 14 tweets
24 Feb
Justice Sec Menardo Guevarra says he ordered NBI to "submit a progress report asap" on the bureau's probe into smuggled vaccines. Asked if the NBI should summon Mon Tulfo, the secretary said "I will leave it to the NBI if it's necessary or relevant." @rapplerdotcom
Pressed why he's not automatically treating Mon Tulfo's account as relevant, Guevarra said "it is relevant. But if the NBI has already established the sources and distribution channels of unauthorized vaccines in the market, the additional information may be a surplusage."
Guevarra: If you have 10 witnesses in court testifying on the same thing, you need not present all of them. that’s why i’m leaving it to the NBI to make that determination; they have been investigating this matter since late last year.
Read 5 tweets
24 Feb
In part 1 of this 3-part investigation, Rappler got an exclusive look at the drug war files submitted to the Supreme Court, reviewed court records and saw how the government was able to drag on the case 4 years, with the last action being a year ago.

rappler.com/newsbreak/inve…
Rappler's Crime and Justice Cluster (@jodeszgavilan, @ramboreports, @paulinemacaraeg, @michelleabad_ and I) worked on this for a year, indexing hundreds of death files, wading through gory photos, to see how the drug war was conducted. We instead saw poor documentation.
The last part, to be published in a couple of days, will show how blood flowed all over Bulacan in the first 17 months of President Duterte's drug war. The files showed concentrations of killings in some areas, and raise question of why cops weren't able to stop them.
Read 4 tweets
23 Feb
Sen Leila De Lima appeals the denial of her demurrer and bail in the 2nd drug case at Muntinlupa court, says that the judge's order quoted only the testimonies on record of prosecution witnesses without citing information elicited during cross examination @rapplerdotcom
De Lima says the judge's order seems like it was written before the witnesses took the stand, and therefore does not reflect the information elicited when their credibility was tested in open court.
In the court's denial of demurrer (ordering trial to proceed), judge gave weight to testimonies of ex-BuCor OIC Rafael Ragos and agent Jun Ablen who said they both delivered drug money to De Lima' house on 2 occasions. Court said De Lima must answer this in trial.
Read 20 tweets
17 Jun 20
NOW: Retired SC senior assoc justice Antonio Carpio leads the Management Assoc of PH webinar on the Anti-Terror Bill. Carpio opens strong: "I object to the anti-terror bill because of provisions that are unconstitutional." @rapplerdotcom
Carpio now quoting congressional transcripts of terror bill sponsor Senator Ping Lacson saying the anti-terrorism council is authorized to arrest and detain a suspect. Carpio quotes Lacson: "Hindi pa nangyari, nasa simula pa lamang, puwede na nating arestuhin."
Lacson has earlier denied that the council is authorized to order arrests and detention. Section 29 is very clear that the council is indeed authorized to order arrests and detention.
Read 20 tweets
16 Jun 20
A timeline of Keng article
May 2012 - Rappler publishes, citing intel report, w/ side from Keng via phone call. (Story about Corona, not him)
Feb 2014 - Rappler corrects typo. Keng claims he was triggered by this (I can't imagine how he knew it was edited hindi naman na-repush)
2016 - Keng reaches out to Rappler with a PDEA clearance (intel report not from PDEA) and wants to take down the 2012 article which was not about him.

Rappler had to verify PDEA doc, for a clarification, to a 4-year-old article.
In 2014, dissenters in the Supreme Court wanted to remove the clause on assumed malice in defamatory imputations. They were overruled. 6 years later, the Manila court rules malice was assumed because Keng is a private citizen.

Again, the story was about Corona.
Read 5 tweets

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