KAKAMPI MO ANG BATAS: ‘Give Marwan reward money to SAF families’ PDF Print E-mail
Friday, 06 February 2015 11:44

BY Atty. BATAS MAURICIO

 

LIFE’S INSPIRATIONS: “…In my distress I called to the Lord; I cried to my God for help. From his temple he heard my voice; my cry came before him, into his ears…” (Psalm 18:6, the Holy Bible).

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“GIVE MARWAN REWARD MONEY MUST GO TO SAF 44 FAMILIES”: Lawyer and gun enthusiast Ernesto Tabujara III (or Ticky to his friends and fraternity brothers at the UP College of Law Sigma Rho Fraternity) has a compelling suggestion on the US$ 5 million reward for the killing of Malaysian terrorist Zulkifli bin Hir, alias Marwan: divide and distribute it equally to the families of the 44 Special Action Force officers and men who were killed in Mamasapano, Maguindanao.

Here’s Ticky’s formula for dividing that reward: “The honorable thing to do with the reward money is to split it evenly among the families of the slain 44 SAF troopers. So that math is US $5 million divided by 44 = about US$113,000, and @US$1 = Php44 = approximately Php5 million per family. Plus counting approximately Php2 million in death benefits is pretty decent compensation for the families.”

I can only agree to this proposition, since it is clear there are no civilian informers who can lay claim to the reward money, on account of official revelations that it was actually through the intelligence reports gathered by suspended Philippine National Police chief Gen. Alan Purisima that Marwan was traced and ultimately killed.

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HAS FBI REALLY CONFIRMED IT WAS MARWAN? But, did the Federal Bureau of Investigation (FBI) of the United States really confirm already that it was Marwan who was killed in Maguindanao last January 25, 2015? It is rather odd that almost all of the news reports about the supposed FBI confirmation of the DNA test on Marwan came from unnamed sources. If FBI made a confirmation on Marwan, shouldn’t that be officially announced by it?

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WHITEWASHING PNOY’S LIABILITY IN THE KILLING OF SAF 44: As expected, there is now a frenzied effort on the part of key officials of the Aquino government to absolve President Aquino of any liability in the Maguindanao killing of 44 SAF officers and men on January 25, 2015, with the AFP and the PNP leading the evident whitewash, even at the expense of its officials publicly berating each other.

First, AFP Chief of Staff Gen. Gregorio Catapang claimed the President did not have any liability for the death of the SAF operatives because he actually gave orders for the PNP to coordinate with the AFP. If his orders for the PNP and the AFP to coordinate were not followed, that was no longer the responsibility of the President, Catapang said, adding that the PNP was at fault for not providing the AFP details about the botched operation.

On the other hand, ousted PNP SAF chief Getulio Napenas had been saying that the deadly police operation was his sole responsibility, and no one else’s. In one fell  swoop, this claim of Napenas cleared not only PNP OIC Gen. Leonardo Espina and Interior Secretary Mar Roxas, but more importantly, even President Aquino himself.

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COURTS CAN CONDUCT PRELIMINARY INVESTIGATIONS: In far-flung areas where there are no city, provincial, or state, prosecutors, can municipal trial courts (MTC) conduct the required preliminary investigation of criminal cases? This was the question texted to us by one of our listeners in Smile FM 92.7 Agusan del Sur, in the program “Kakampi Mo ang Batas”. The answer is, yes, the MTC can conduct a preliminary investigation.

The rule for this is found in Section 2, Rule 112 of the Revised Rules on Criminal Procedure. But even while MTCs are legally part of the judicial branch of government, they are considered officers of the Department of Justice when they carry out preliminary investigations, so that their resolutions are appealable to the Department, not to superior courts.

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REACTIONS? Please call me at +63 917 984 24 68, +63 918 574 0193, +63 922 833 43 96, or Skype (batasmauricio), Viber (+63 918 574 0193) and Line (+63 917 984 24 68). Email: batasmauricio@yahoo.com, melaniolazomauriciojr@outlook.com, mmauriciojr111@gmail.com.