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DOJ’s new tack: certainty of conviction
The Department of Justice (DOJ) is currently working hard on its reformation to further enhance its function and make "certainty of convictions" the norm when filing a case. This is one of the reforms being introduced by Justice Secretary Jesus Crispin Remulla, who is increasing the level of evidence required for a case to be filed in court by the prosecutor. This was disclosed by DOJ Assistant Secretary and spokesperson Atty. Mico Clavano when he guested on Daily Tribune’s "Straight Talk" on Wednesday, 20 September." When asked about the reforms being initiated at the DOJ, Clavano said, "There are several reforms being made by the DOJ right now. One of them is what you mentioned, iyung pagtaas noong level of evidence needed for a case to be filed in court by the prosecutor,” said Clavano. He said that instead of probable cause, which basically means that there’s some evidence to suggest that a suspect probably committed the crime, the threshold is now higher: there must be a certainty of conviction. Clavano mentioned that it would require more evidence to show that a suspect most probably committed the crime, such as pictures or CCTV footage, or an admission of the evidence being investigated by prosecutors. This aligns with another program of the DOJ, which is the case build-up rule, he continued. The case build-up rule requires prosecutors and the police to collaborate closely in the field. This differs from the previous process in which prosecutors, relying on preliminary investigations under Rule 112 of the Rules of Court, merely received complaints from the PNP and assessed whether a case could be filed or not. Now, the process involves prosecutors making a resolution to either file or dismiss the case. Secretary Remulla's order requires prosecutors to accompany the police to the scene of the crime, meaning they are now involved in fieldwork." “Yes, there is fieldwork. So that is the challenge now to prosecutors. Of course, it’s a big change but we appeal to them to understand where the administration is coming from. It will be good for everybody if they, who have interest in the conviction of the person, are there from the very start,” said Clavano. In the past, the police would file the case, and it would be assigned to the prosecutors. This was often considered an accomplishment, but there was a lack of interest in securing the conviction of the person they were trying to prosecute. “The prosecutor wants the person to be convicted because that is the measure of his success. So for him to be there at the very start of the investigation, he can already pick and choose the evidence that is needed to form a strong case. So and then when it comes to his assessment or the prosecutor’s assessment, the level is now higher,” said Clavano. This leads to a reasonable certainty of conviction because the evidence they gather from the ground is now stronger compared to the past when they only received complaints.“ So iyun po iyung magiging dynamics natin ngayon. And it’s very exciting. We’re doing a caravan now around the country explaining the new forms to the police and to the prosecutors, alike; to have a very good collaboration and synergy between the police and prosecutors,” Clavano said. The post DOJ’s new tack: certainty of conviction appeared first on Daily Tribune......»»
LTO taps PNP vs fixers
The Land Transportation Office announced on Tuesday that it is planning to seek assistance of the Philippine National Police to conduct regular anti-fixer operations in all the agency’s offices nationwide. LTO chief Assistant Secretary Atty. Vigor Mendoza II said that the plan is in line with the agency’s intensified crackdown against fixers who are using social media for their illegal activities. “We are planning to conduct operations on a regular basis. Sustained operations by joining the PNP and the LTO will surely make these fixers think twice before engaging in their illicit activities,” Mendoza said. He added that sustained operations against fixers will complement the deployment of “mystery applicants” who are tasked to report the status of operations and service transactions in all district offices of the LTO. The deployment of “mystery applicants” is one of the strategies of the LTO chief to get a clear picture of what is happening in the district offices, including the identification of service-related loopholes that the agency could still improve. Mendoza stressed that he is particularly interested in ensuring that the services down to the farthest LTO district offices are satisfactory, timely and are done with integrity and courteousness to their clients. He also emphasized that sustained operations against fixers and improved services are part of the good formula to drive fixers out of their illegal business. “The certainty that these people will be punished, I always maintain, is one of the best ways to address this problem,” Mendoza said, adding that the public would not avail the help of these fixers if they see that the LTO is providing efficient and effective services. “We must ensure that the services of the LTO are efficient and effective, and less complicated for the public. We will work towards more simple measures as we do away from bureaucratic processes,” Mendoza said. The post LTO taps PNP vs fixers appeared first on Daily Tribune......»»
LTO to tap PNP in running after fixers
Land Transportation Office Chief Assistant Secretary Atty. Vigor Mendoza II on Tuesday said he is planning to seek the assistance of the Philippine National Police in running after fixers in all the agency’s offices nationwide. The operations, according to Mendoza, would also include a crackdown on fixers using social media for their illegal activities. “We are planning to conduct operations on a regular basis. Sustained operations by the PNP and the LTO will surely make these fixers think twice before engaging in their illicit activities,” Mendoza said. He explained that the sustained operations against fixers will complement the deployment of “mystery applicants” who are tasked to report the status of operations and service transactions in all district offices of the LTO. The deployment of “mystery applicants” is one of the strategies of the LTO chief to get a clear picture of what is happening in the district offices, including the identification of service-related loopholes for improvement. Mendoza said he is particularly interested in ensuring that the services down to the farthest LTO district offices are satisfactory, timely and are done with integrity and courteousness to the public. Sustained operations against fixers and improved services are part of the good formula to drive fixers out of their illegal business, he stressed. “The certainty that these people will be punished, I always maintain, is one of the best ways to address this problem,” Mendoza said. “We must ensure that the services of the LTO are efficient and effective, and less complicated for the public. We will work toward more simple measures as we do away from bureaucratic processes,” he added. The post LTO to tap PNP in running after fixers appeared first on Daily Tribune......»»
Teves seeks Degamo murder raps dismissal
The camp of embattled Negros Oriental Third District Representative Arnolfo Teves Jr. on Monday filed a motion to dismiss the multiple murder complaints filed against him in relation to the murder case involving Governor Roel Degamo and several others. Teves’ legal counsel Atty. Ferdinand Topacio explained that the motion to dismiss was primarily based on the argument that there is an absence of probable cause and even a lack of “reasonable certainty of conviction” to hold his client responsible for the killings that occurred on 4 March. Topacio said they filed the motion to dismiss on the grounds that the arguments solely revolve around the absence or lack of probable cause, and if Department of Justice Secretary Jesus Crispin Remulla complies with his change in quantum or standard before filing the case. He added that it should not only be probable cause, as it should also have reasonable certainty of conviction and they will demonstrate that there is no reasonable certainty of conviction, let alone probable cause. The key reasons that form the basis of the stance of Teves’ camp was highlighted by Topacio in defending the submission of the motion to dismiss which include the recantation of the suspect; the statements made by the suspects linking Teves to Degamo’s murder are hearsay and the suspects’ statements were given without the presence of their chosen legal counsel. Topacio said that even assuming that the recantation has no effect — even in their original statements — there is no strong evidence pointing to Teves as the mastermind behind Degamo’s killing. Meanwhile, Remulla announced on Monday that investigators have gathered independent evidence to hold accountable the individuals responsible for the assassination of Degamo and several others. This comes in light of some suspects retracting their previous statements. But Remulla refrained from divulging further details regarding the evidence, citing the need to preserve the integrity of the ongoing investigation. “We possess various independent pieces of evidence. These details will be disclosed at a later stage,” Remulla said. The DoJ chief also downplayed the significance of the recantation made by the suspects involved in the killing Degamo, stressing that recantations are generally disapproved of and should not be taken as absolute truth. The post Teves seeks Degamo murder raps dismissal appeared first on Daily Tribune......»»
Teves files motion to dismiss Degamo murder raps
The camp of suspended Negros Oriental Representative Arnolfo “Arnie” Teves Jr. on Monday filed a motion to dismiss the multiple murder complaints filed against him in relation to the murder of provincial governor Roel Degamo and several others. Teves' counsel Atty. Ferdie Topacio said the motion to dismiss is based on the absence of probable cause and even a lack of “reasonable certainty of conviction,” both of which he said they would demonstrate to the court. In particular, Topacio cited the recantation of a suspect in the case, and that the statements made by the suspects linking Teves to Degamo’s murder are hearsay and were given without the presence of the suspects' chosen legal counsel. Topacio said that even assuming the recantation has no effect, there remains no direct evidence to pin Teves as the alleged mastermind, only hearsay, conjecture and guesswork. Meanwhile, Justice Secretary Boying Remulla announced on Monday that investigators have gathered enough independent evidence to hold accountable the individuals responsible for the assassination of Degamo and several others, in reaction to some of the suspects in the case retracting their previous statements. “We possess various independent pieces of evidence. These details will be disclosed at a later stage," he said. The post Teves files motion to dismiss Degamo murder raps appeared first on Daily Tribune......»»
Gross violations of De Lima& rsquo;s rights
Yesterday, June 5, Atty. Chel Diokno, one of the legal counsels of Senator Lelia De Lima, who was with Catholic priest Fr. Flavie Villanueva and De Lima’s chief of staff Atty. Fhillip Sawali, was barred from visiting the senator earlier at the Custodial Center in Camp Crame, Quezon City......»»
Survey shows Cha-cha still unpopular with Filipinos — Senate leaders
Senate President Juan Miguel Zubiri said that the findings of the survey by private pollster Pulse Asia, which was released on Wednesday, show that Charter change is an "unpopular move.".....»»
Stocks eke out gains, back at 6,900
The stock market eked out gains to move back up to the 6,900 level as investors continued to hunt for bargains......»»
WWDC 2024 Will Include In-Person Special Event at Apple Park
Apple Shakes Things Up with Virtual WWDC Event In a surprising move, Apple announced that it will not be holding its traditional in-person Worldwide Developers.....»»
Philippines FDI ‘bound to improve’ in coming years – HSBC
The Philippines would be able to attract more foreign direct investments (FDI) in the coming years amid reforms that improved the country’s business climate, HSBC Global Research said......»»
Cowboys QB Dak Prescott expected to play on current contract for 2024 seaso
The Dallas Cowboys made headlines recently by restructuring quarterback Dak Prescott’s contract, converting a $5 million roster bonus into a signing bonus. This move helped.....»»
Excise tax on single-use plastics to yield P34 billion
The move to slap excise taxes on single-use plastics is seen generating P34 billion for the government and curbing the increasing mismanagement that contributes to overall pollution......»»
Canino is Olympiad bound
It was sealed by an 83-move draw with Woman FIDE Master Cherry Ann Mejia of a Sicilian in the 10th and penultimate round of the Philippine National Women’s Chess Championship at the Malolos City Hall in Bulacan......»»
Thin volume seen on short trading week
Local stocks are expected to move sideways this week with only three trading days due to the Holy Week break......»»
Remove the roadblocks on right of way acquisition
In recent years, the government has committed to make game-changing reforms in order to make the Philippines more attractive as an investment destination......»»
Remove the roadblocks on right of way acquisition
In recent years, the government has committed to make game-changing reforms in order to make the Philippines more attractive as an investment destination......»»
BI nabs 2 foreign fugitives
Bureau of Immigration operatives arrested a South Korean and an American, both fugitives wanted for crimes in their countries, the BI reported on Friday......»»
Catriona Gray ug Sam Milby wala magbuwag, dayon ang ilang kasal
Sila pa gihapon ni Catriona Gray ug Sam Milby. Mao kini ang giluwatan nga pamahayag sa manager nila ni Catriona ug Sam nga si Erickson Raymundo, ang Presidente ug CEO sa Cornerstone Entertainment. “Hindi naman naghiwalay. Nagkaro’n lang ng isyu kasi na-move ang date ng kasal,” sey ni Erickson sa iyang interview sa Bandera. READ:.....»»
Philippine wrestling chief confident of return to Olympics
Wrestling of the Philippines (WAP) president Alvin Aguilar has expressed confidence that the reforms implemented in the association will result in unwavering success for Pinoy wrestlers, including a return to the Olympics......»»
Catriona Gray, Sam Milby nagkaayos na kaya tuloy ang kasal, sey ng manager
SILA pa rin nina Catriona Gray at Sam Milby. ‘Yan ang naging sagot sa amin ng manager ng celebrity couple na si Erickson Raymundo, Presidente at CEO ng Cornerstone Entertainment. Sey pa niya, “Hindi naman naghiwalay. Nagkaro’n lang ng isyu kasi na-move ang date ng kasal.” Naka-chikahan namin si Erickson sa Bona Slim launching ni.....»»