A QC court has quashed search warrants vs alleged NDF members/CPP leaders Alexander and Winona Birondo which led to their arrest in July 2019. Judge Ferdinand Baylon found that search warrants issued by QC Judge Cecilyn Burgos-Villavert were issued without probable cause.
The Birondos were among NDF consultants released on bail in 2016 at the start of peace talks between PH govt and NDF under the Duterte admin. But they were rearrested soon after peace talks collapsed, charged with illegal possession of firearms and explosives.
QC RTC Br. 77 found that in 1 of 2 search warrant, Judge Villavert failed to ask searching and probing questions as to inconsistencies in statements of primary witness who claimed to have seen a grenade inside the Birondos' room in his affidavit but did not say so in testimony.
QC RTC Br. 77 also found that 2nd search warrant did not particularly describe firearm to be seized and it was not established that the Birondos possessed the gun and ammunitions. Court raised possibility somebody else owns them.
The QC court also raised questions regarding the identity of the primary witness -- why he started collecting garbage on the same month search warrants were served, how he came to collect garbage in Birondos' room, how he was approached by police to testify.
The Public Interest Law Center, the counsel for the Birondos, clarified that the two are "peace talks staff," not NDF consultants.
In a statement, PILC says it will move for the dismissal of charges against the Birondos and vows to fight "pernicious practice of securing warrants against activists and peace workers."
"The struggle is far from over."
The Birondos are also facing an obstruction against justice charge pending at the QC Metropolitan Trial Court. They were in fact arrested first for that charge before search warrants for firearms and explosives were served while they were already in Camp Karingal in July 2019.
FULL STORY
QC court quashes search warrants vs NDF peace talks staff
Impt to note that while both Sen. Jinggoy Estrada and Janet Lim Napoles were acquitted of plunder over PDAF scam, they were also convicted of lesser crimes.
Estrada - 12 yrs, 8 mos - 16 yrs, 5 mos, 10 days
Napoles - 44 yrs, 8 mos - 62 yrs, 10 mos, 20 days
Estrada:
1 count of direct bribery (8 yrs - 9 yrs, 4 mos)
2 counts indirect bribery (2 yrs, 4 mos - 3 yrs, 6 months, 20 days EACH count)
fined P3M
suspended from public office
perpetual special disqualification from voting
Napoles:
5 counts of corruption of public officials (8 yrs - 10 yrs, 8 mos EACH count)
2 counts of corruption of public officials (2 yrs, 4 mos - 4 yrs, 9 mos, 10 days EACH count)
fined P29.625M
ordered to indemnify PH govt P262M with interest
Totoo bang na-EDSA-pwera ang taumbayan dahil sa 1987 Constitution?
Hindi nga ba patas ang Saligang Batas?
Let’s examine the claims in the ad calling for Charter change.
CLAIM: Sa 1987 Constitution, natigil ang asenso natin. (Visuals: Global investors not allowed)
CLAIM: Malusog na ekonomiya daw para sa lahat! Pero pangako nahinto. Monopolya ang naghari. Land ownership ng foreign investors, Edsa-pwera.
FACT: The 1987 Constitution does not prohibit entry of global investors into PH. What it regulates is foreign investment in areas deemed critical such as public utilities; exploration, devt and use of natural resources; and certain investments as determined by Congress. (Art XII)
JUST IN: The Supreme Court has changed the interpretation on the rule on Statements of Assets, Liabilities and Net Worth:
Before any public official/employee could be liable for errors, omissions or non-filing of SALNs, they must be given the chance to correct them.
The Supreme Court made the "clarification" on the SALN rule in setting aside the dismissal for dishonesty of a tax specialist from the Dept of Finance who was accused of concealing millions worth of real properties, motor vehicles, business interests and loans.
Jessie Javier Carlos, whose gross annual salary at the DOF only ranged from P126k to P210k between 2000 and 2011, allegedly secured 2 house and lots worth P4.1M, farm lots worth P4M, vehicles, loans and credit card debts--all beyond his govt earnings, not in his SALNs.
Bakit dalawang beses nang pinagpapaliwanag ng Korte Suprema si Public Attorney's Office (PAO) chief Persida Acosta kung bakit hindi siya dapat i-disiplina ng Korte?
Ano'ng meron? Simplehan natin.
Naglabas ang Korte Suprema ng Code of Professional Responsibility and Accountability na gabay sa tamang asal ng mga abogado.
Kabilang sa mga probisyon nito ay kung paano maiiwasan ng isang abogado ang magkasalungat na interes (conflict of interest).
Ombudsman said police were conducting legitimate anti-illegal drug operation which, unfortunately, resulted in deaths. It added, cops were in fulfillment of a duty, a justifying circumstance where there is no criminal liability.
In contrast, the QC court, in dismissing the direct assault case vs Morillo back in March, said the police operatives could not be presumed to be in the performance of their duties due to irregularities in their operations when they failed to coordinate with agencies, barangay.