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A newsweekly that fears no one, favors no one. Here, our language is truth, our spirit is liberty.
A newsweekly that fears no one, favors no one. Here, our language is truth, our spirit is liberty.

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Published by: Berteni Cataluña Causing on Jan 10, 2011
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Vol. II No. 30 ISSN 2094-4098 Jan. 3-9, 2011 P15.00
To page 2 To page 2 
BRIBERY,ROBBERY,ECHEVERRI
H
EED that greed, young breed. Thy father is thy power. Thy kingdom come. Thy will be done.Hear no fear, our guns are there. Here are our  buys, they come by the buses. Seize the crown,and keep them down.
ByDYARYOMAGDALOTEAM
Liga ng mga Barangay  president RicojudgeEcheverri.
The original lines abovesprang out of disgust. Wantondisregard of the basic rulesof fair play secured CaloocanCity’s Liga ng mga Barangay presidency for another time for  National Liga ng mga BarangayPresident Ricojudge Echiverri,son of the city’s third-term king,Mayor Enrico Echiverri.The son, a law student anda Utopian like his father, did itthis way.He determined how themanner of the election was to be conducted as provided under the memorandum issued by theDepartment of the Interior andLocal Government (DILG) thatis empowered by law to pre-scribe the conduct of electionsfor all Liga ng mga BarangayChapters.Instead, contrary to rules of 
 balloting and ling of a certi
-cate of candidacy, they held theelection by nomination like in ahigh school classroom, closedthe nomination instantly, andliterally ignored the hands of others wanting to nominate an-other candidate.This was according to the
complaint led before the Of 
-
ce of the Ombudsman by a
would-be opponent who wasnot nominated at all because
the presiding ofcer closed the
nomination right away.The complainant, JerrboyMauricio, chairman of Baran-gay 68, Zone 6, District II of Caloocan City, cried out loudit was an election by means of  bribery and robbery in broaddaylight.Ricojudge is the chairmanof Barangay 84, Zone 8, DistrictI of Caloocan City.If these alleged offenses are proven, “the opponent who never was” contended that the son com-mitted the criminal offenses of  bribery under Section 3 (a) of Republic Act 3019 and the crimeof causing undue prejudice untoa party as written under Section3 (e) of the same law otherwiseknown as the Anti-Corrupt andGraft Practices Act.
His uncle, Orlan Mauri
-cio, a mediaman, told
 Dyaryo Magdalo
that they prayed for the imposition of a preventivesuspension of six (6) monthsagainst Ricojudge.Included by ChairmanMauricio as among thosesought to be punished adminis-tratively and criminally in their capacities as members of the
‘My son, why did PCSO forsake you?’
The pain of losing her only child is too much to bear for Katherine asshe bids goodbye to her only child, Jesus Raphael, who died due to Bil- 
lary Atresia without being given the chance to ght for his life.
By TOTO CAUSING
ON December 25, they say that Baby Jesus was born. The
next day, another Baby Jesus died.The one who was born is the greatest on earth and inheaven. The one who died is one of unluckiest on earth butmay be lucky enough in heaven.The Baby Jesus who died is referring to Jesus RaphaelCatiis. His death demonstrated not the love of Christmasthat is the messianic message delivered from the manger.To the contrary, the death of this Baby Jesus displaysthe reckless neglect by those who are entrusted by Presi-dent Benigno Simeon Cojuangco Aquino III with the pow-er to decide on how to spend the funds of the Philippine
Charity Sweepstakes Ofce (PCSO).
Born with deective liver
The unlucky Baby Jesus is the rst and only son of 
Katherine Raiza V. Catiis, who reside in the slums andghettos of Tondo, Manila.After he was born, his mother got the shock of her life.Philippine General Hospital (PGH) doctors diagnosed theson to be laden with the yoke that is too much to be carriedeven by adults: the only way to prolong life was a liver transplant.Barely two months old, Baby Jesus had to be brought tothe National Children’s Hospital and was diagnosed to be
one of a case of “billary atresia” on February 9, 2010.He was admitted to the PGH on March 4, 2010 but it
was recommended that only a liver transplant can prolongthe life of the boy.Thus, a referral led Katherine to go to the NationalPress Club to seek help. Apprised of the cost of medicationand liver transplant that it needed several millions of pesos,then NPC president Benny D. Antiporda decided to cometo the rescue by pledging to raise funds and seek help from
the PCSO.The PCSO committed to give up to Php1 million and
the rest shall be shouldered by the NPC because the mother of the boy had no capacity for being a pauper.By whatever yardstick, the case of Baby Jesus was spe-cial. He was born with the disease that no adult can even bear through.
The PCSO board composed of men and women ap
- pointed by Gloria Arroyo passed a resolution approvinga grant of the maximum of Php 1 million subject to thecompletion of necessary documentary requirements.
So the mother secured certicates of indigence fromtheir barangay and she was issued on February 27, 2010and March 28, 2010. She also went to government agen
-
cies to secure certication to support the fact of being a pauper for her to qualify to avail of the help of the PCSO.
Katherine submitted these documents and the clinicalabstract issued by the PGH as the requirements for the ap-
 plication for medical aid. This led the PCSO board to pass
Drop casevs Lacson
PAGE 6 
The Tragedyof RejoiceNo Mayweatheron May Seven
PAGE 8PAGE
 
Vol. II No. 30
Jan. 3-9, 2011
 2 
 Publisher:
RONALDO E. RENTA
 Editorial:
TOTO CAUSING
Editor-In-Chief
 Design & Layout:
RONALDO B. HERICO
 Disclaimer:
 All news articles and opinions expressed by the writers
are entirely their own and do not reect the opinion of the
 publisher, the management or the editor of this publication.
 All Rights Reserved:
No part of this publication may be copied or reproducednor translated in any language or form for commercial pur- poses without prior written permission from the publisher and its writers or columnists.
MAGDIWANGPUBLICATIONS
‘MY SON, WHY DID PCSO FORSAKE YOU?’
the resolution on April 14,
2010.
While waiting for thefunds to be raised by the NPC, the mother secured papers to ensure that thechanging medical condi-tions are updated. Thus,the PGH issued her a new
certicate in August of 2010
to reiterate that the only wayto prolong the life of BabyJesus was through a liver transplant.It was learned that liver transplant locally couldreach up to Php 8 million.However, the NPC, throughthe efforts of Antipordamanaged to arrange a muchcheaper operations with Ka-oshiung Chang Gung Me-morial Hospital in Taiwan
for a total cost of Php 2 mil
-lion, including the transpor-tation expenses.Thus, on December 8,
2010, Kaoshiung Chang
Gung Memorial Hospitalwrote Katherine, saying:“After reviewing anddiscussing your son’s casein a forum of experts, we
rmly believe that a liver 
transplantation is neededat this point to correct thecomplications broughtabout by billary atresia.However, we noted some problems that require spe-cial attention.“1. Your son’s portalvein (this vessel provides
70% of the blood supply to
the liver) was conspicuouslysmall (3mm). Because of this, it is probable that an in-traoperative stenting will becarried following the repair of the vessel to improve the
inow of blood to the liver.
The stent, which cost NT
50,000 each, could incur ad
-ditional expenses.
“2. The hepatic graft
(left lateral segment) fromyou appears too big for therecipient, and the segments
2 and 3 hepatic veins are
widely separate.“In this case, it is pref-erable to use another living
donor that will better t the
recipient. However, in theabsence of an alternative,a reduction in size of thegraft will be performed atthe back table following its procurement, whereas thewidely separated segments
2 and 4 hepatic veins might
require an additional vas-cular graft that will be pro-cured from the living donor.
The tasks are difcult but
feasible. However, consid-ering the given situation the procedures that will be per-formed could incite morerisks.”Armed with this letter and the fact that Php 1 mil-lion had been raised throughthe initiatives of the NPCwith the help of Alyansang Filipinong Mamahayag
(Ama), the mother came tothe PCSO on December 10,2010, ironically at the time
when the people all over theworld were celebrating theUniversal Human RightsDay.It was on the same daythat the mother’s claim for the Php1-million pledge
was rejected by the PCSO.
Thus, the mother re-turned home crying. Athome with her son greetingher eyes the well of tearsnever dried up.The revolting feeling in-side kept on burning insideher heart while the rest of the Filipinos were celebrat-ing the birth of Jesus Christ,from the eve for the tradi-tional “Noche Buena” up thewee hours and the day after waking up.The next day, Baby JesusRaphael closed his eyes, asif telling his mom: “Good- bye, my loving mama.”Howls of cry reverber-ated and conquered the still-ness of the day after Christ-mas, exploding these wordsin her heart, to wit: “My
son, why did the PCSO for 
-sake you?”
The NPC released a statemento disgust against PCSO
To understand morewhat does this mean, thestatement of the NationalPress Club of the Philip- pines (NPC) released by its president, Jerry S. Yap, ishereby reproduced as fol-lows:The statement is en-
titled, “Why did PCSO let
11-month-old boy die by re-fusing to give the pledge for liver transplant?”The content of this re-lease is hereby quoted, towit:“The National PressClub’s heart bleeds tremen-dously for Jesus Raphael
Catiis as he died at 11:35
 p.m. a day after Christmas
Day of 2010 due to inborn
damaged liver.“He could have liveduntil today if only the Phil-ippines Charity Sweep-
stakes Ofce (PCSO) kept
its pledge to give half of the
P2-million fund needed to
 pay for the liver transplantscheduled in KaohsiungChang Gung Memorial Hos- pital in Taiwan.“The boy is a son of an indigent in Tondo, Ma-nila. Yet fate was so cruel.He was born already witha severe liver illness. Hismother, Katherine Raiza V.Catiis, sought the help of the NPC during the incumbencyof Benny D. Antiporda as its president.“The problem looked in-surmountable. The amountneeded to cure the illnesswas a fortune for any work-
ing class individual, P2 mil
-lion. In contrast, the boy’smother has been living inthe poorest slums and ghet-tos of Tondo, Manila.“Prompted by the situa-tion and the fact that nobodywas going to help due tothe mountain-high cost, the NPC accepted the challengeto come to the rescue.“Thus, the then NPC president raised funds and
wrote the PCSO for help.“In response, the PCSO
 board—composed of then
Chairman Sergio O. Va
-lencia, General Manager-Vice Chairman Rosario C.Uriarte and Directors JoseR. Taruc V, Raymundo T.Roquero, Nestor A. Cama-cho and Manuel L. Mora-to—passed Resolution No.
1138, Series of 2010, com
-
mitting a “nancial and
medical assistance” in themaximum amount of P1million.
“The PCSO pledge left
the NPC with the problemof raising P1 million more to pay for the liver transplant to be conducted in the said hos- pital in Taiwan.“After the NPC hasraised the P1 million coun-terpart, the mother of the
 boy came to the PCSO to
get the promised P1 millionso that Baby Raphael would be brought as soon as pos-sible to Taiwan for the liver transplant.“But she returned emp-
ty-handed. The PCSO re
-fused to honor the pledgecontained in the said boardresolution. Thereafter, shecould not help but cry tohigh heavens while watch-ing her baby die.“At the time the mother tried to claim the money, the
PCSO held a party at Wack-
Wack Golf and Country
Club attended by 1,200
 persons. P1,000 per personwas charged by this premier sports enclave, meaning it
spent Php1.2 million for the
 partying while the baby wasdying.“The chairman of the
PCSO is Mrs. Juico. Her 
husband is the president of the golf and country club.In the face of the urgentneed for P1 million to savethe life of an extraordi-
narily pity baby, the PCSO
 breached its commitmentand chose to squander fundsin a lavish manner, makingthe whole mess revolting toconscience.“Now that the baby is
dead, can the PCSO answer 
for this? The life of the boyis priceless and yet it cannot be taken back anymore evenwith the biggest jackpotwinning from Lotto.“Why, Mrs. Juico?
“Why, PCSO General
Manager Jose Ferdinand M.Rojas II?“Why, was this so,
PCSO Directors Ma. Ale
-ta L. Tolentino, Betty B. Nantes, Mabel V. Mamba,and Francisco G. JoaquinIII?“What is your answer?”
Angry reactions rom Face-book and email groups
Just right after the state-
ment of the PCSO was post
-ed on Facebook and emailedto all email groups upon theinstruction of the NPC pres-ident, loud and angry reac-
tions ooded the comments
that followed.This led many in theemail groups to cull theskull of this agency that is
so rich yet its ofcers appar 
-ently are so sick.This led to many in theemail groups to talk aboutthe Php 1.3-billion adver-tisement contract awarded
 by the PCSO to movie
 producer Carlo J. Caparasduring the incumbency of Manoling Morato as itschairman.So many in these email
groups lambasted the PCSO
generally, referring to it asan agency that is so corrupt.Many said that the
PCSO will always be the
same under any President:corrupt.The angry reactionsfrom Facebook users are asassiduous.
One says that she ac
-companied a relative to
apply for a nancial assis
-tance for the medication.
From page 1
They kept on coming back 
to the PCSO but they had
never received the prom-ised money even after the patient died.Another said that the
PCSO’s guarantee letters
are no longer accepted bySt. Luke’s Medical Cen-ter because it has not paidall past guarantees it hadgiven.
Reply o PCSO director
PCSO director Ma.
Aleta Tolentino forwardedto this author the followingreaction to the statement re-leased by the NPC.This reaction, repro-duced in toto, reads as fol-lows:“That is the problemwhen people react withoutknowing the facts. That 11months baby sought the
help of PCSO in April of 2010 for allegedly a liver 
transplant in China for acost of 4 to 8 million. Theformer board approved a1 million assistance butrequired that the parentscomplete the documentaryrequirements, like testingetc. and raise the counter- part before the amount isreleased. The former boardnever even processed theassistance, because theywaited for the require-ments. We assumed onlyin August, and this was oneof the pending applicationswhen we took over, but wecould not reach the patientsmother. It was only lastDec. 10 that the mother,after the baby’s hospitaliza-
tion, went back to PCSO
and by then it was too late!“If indeed the situationwas urgent, then the peopleof GMA if they truly cared,should have released the
nancial assistance imme
-diately. Had they done so,then the health situation of the then two months babyshould not have turnedworse. Those guys released billions of pesos for vari-ous expenses including ad-vertisements and supplies before they exited in July
2010, yet they did not nd
it prudent to release onemillion for this baby whoappealed to Manoling Mor-ato for help. Why didn’t hefollow through?“The article in the news- paper is malicious. Youknow how I work. Had the parent gone to me to fol-low up, I should have donesomething. But the realquestion is will the one mil-
lion of PCSO be enough to
save the baby, if not what
could we have done? Our ofce mandate is to raise
money through numbersgame and use part of it to
give nancial assistance
to the needy. We don’t get budget from the govern-ment, so our funds are alsolimited. Why didn’t thosewho were pushing for thesupport approach the thenPres. GMA for additionalassistance from her socialfund or any legislator for as-sistance. They could spendmillions of pesos for their lunch in New York yet theycould not spare a few mil-lions for this poor baby!!!! Now they try to pass the
To page 8 
Bribery, robbery...
From page 1
Board of Election Supervisorsare DILG Director Jay Timbre-sa, Commission on Elections(Comelec) Representative Atty.
Dinah Valencia, and NGO/PO
representative Teresita SagumWhat was crazier, Mauriciosaid in his complaint, was thatthe election in the city was heldtwo days in advance of the na-tional synchronized election for chapters in all cities and munici- palities of the country.The election was forced to
 be held on December 5, 2010instead of the December 7
scheduled in Memorandum Cir-
cular No. 2010-129 issued by
DILG Secretary Jesse Robredo.To surprise the others whohad expressed intentions tochallenge Echiverri’s foothold,Mauricio cried that the noticesetting the election on Decem-
 ber 5, 2010 was sent out onlyon December 3, 2010 such that
many did not receive the no-tices.To prove his claims, Mau-ricio provided a copy of the“invitation” dated December 1,
2010 sent by the Ofce of the
City Council League of Baran-gays of the City of Caloocan,signed by respondent Echiverrithe son.The said letter read:“You are cordially invitedto attend the Liga ng mga Ba-rangay, Caloocan City Chapter 
meeting on December 5, 2010at 2:00 P.M. at Bulwagang Kati
- punan, Caloocan City Hall, A.
Mabini St., this City. The Order 
of Business are as to follows:
“A. Opening Prayer 
“B. National Anthem
“C. Call-to-Order 
“D. Proof of the Required Notice of Hearing“E. Proof of presence of aQuorum“F. Announcement of thevarious committees and itsmembers to oversee the LIgaElection
“G. Turn-Over of the chair 
to the Election Committee“H. Nomination of Candi-dates
“I. Balloting/Election
“J. Canvassing“K. Proclamation of Win-ning Candidates“L. Adjournment
“Your 100% attendance
will be greatly appreciated.”It is clear in the said let-ter that the manner of electionshall be by balloting and thereshall be canvassing of votes and proclamation of winners. Butthe voting was done by meansoral nomination and the nomi-nation was closed right awayafter Echiverri was nominated.“I and my party-mates wereexpecting that the local chap-ter elections would be held on
December 07, 2010 because
of the DILG circular. How-ever, I learned that it was only
on December 3, 2010 that awritten invitation/notication,
signed by the incumbent LigaCaloocan Chapter presidentRicojudge ‘RJ’ Echiverri, wassent to barangay chairmen inCaloocan City,” Mauricio com- plained.“To my utter shock and sur-
 prise, the invitation/notication
stated, among others, that theLiga chapter elections will be
held on December 5, 2010 at
the Caloocan City Hall, and not
December 7, 2010,” he added.
Mauricio described the ac-tions done by the conspiracyas “a blatant disregard of theguidelines provided for under DILG Memorandum Circular 
 No. 2010-129.”
The grieving barangaychairman said he was only fur-nished a copy of such invitationlate in the evening of December 
3, 2010.
“I and my party-mateswere stunned with this develop-ment… Since we were electedas Punong Barangays and evenafter Memorandum Circular 
 No. 2010-129 was dissemi
-nated, there was no written no-tice sent to us by the incumbentLiga President to meet for the purpose of forming the vari-ous committees and boards for the chapter election,” Mauriciocomplained.He added: “Thus, prior to
December 05, 2010 we were
at a loss as to how the variouscommittees would be formed.Even the members of the Boardof Canvassers (BoC) and Boardof Election Supervisors (BES)were unknown to us.”
The bribery
Mauricio told
 Dyaryo Magdalo
that he and his par-tymates were thinking that the
December 05, 2010 was for the
 purpose of forming the variouscommittees, board of canvass-ers, and board of election super-visors, the reason they plannedto attend the meeting.“What was suspicious isthat almost all Punong Baran-gays who received the Decem- ber 3 invitation (albeit dated 01
December 2010), were also re
-quired, verbally, through a zonecoordinator, to assemble in themorning of December 4 at theMax’s Restaurant along EDSA,Caloocan City,” Mauricio nar-rated in his complaint.He said that more than ahundred of barangay chairmenwho went to the Max’s restau-rant were shuttled by three JAMLiner buses to Kabayan Resortin Laiya, San Juan, Batangas.He said he learned that thesaid resort is owned by Calo-ocan City Mayor Enrico “Re-com” Echiverri.To prove his claims aboutthe treat given to these barangaychairmen in Batangas, Mauricio provided copies of the pictures.
The robbery
Mauricio said the conspira-cy also disregarded the requisiteformation of committees.“Worse, respondents, inconspiracy with each other,
 prevented (me) from duly ling(my) certicate of candidacy for the ofce of the Liga Chapter 
President..,” Mauricio insistedin disgust.Caught in a trap betweenthe thought of not attending the
December 5 meeting and the
thought that if they would insiston the DILG set election on De-
cember 7, Mauricio said that he
and his allies decided to appear in the sham election.“To our shock and aston-ishment, while we were on our 
way to the venue at around 2:30 p.m. of December 5, two air 
-con-buses were already parked beside the Caloocan City Hall,”Mauricio complained.He said that all chairmenwho accepted the invitation tothe Batangas resort and joinedthe overnight of fun, food,drinks and lavish entertainmentin Batangas were now seen get-ting down the bus, one after another, heading straight to thevenue of the Liga meeting at the
To page 7 
Katherine cries profusely as Baby Jesus is inside the cofn.
 
Jan. 3-9, 2011
 3 
Vol. II No. 30
To page 7 
L
ET it be clear:
 Dyaryo Magdalo
is not saying Senator Panlo M.
Lacson is innocent and
 Dyaryo Magdalo
is not saying that he isguilty.Thus, this exposition.
On the issue about Senator Lacson,
 Dyaryo Magdalo
stronglyurges Justice Secretary Leila de Lima to give Lacson a space for him torefute the charge of murdering publicist Salvador “Bubby” Dacer and thelatter’s driver Emmanuel Corbito.
Give him freedom to refute case led upon order of Gloria administration
DROP CASE VS LACSON!
By HERNZ CUARE and TOTO CAUSING
By the word “space,”
 Dyaryo Magdalo
meanswithdrawal of the criminalinformation so that the ar-rest warrant against him isshelved and allowing himto argue without fear of ar-rest and with the strongestvigor he can to prove why heshould not be hailed to court.This is the fairest thing
to do for the DOJ. That is
even as it is true that the Re-gional Trial Court of Maniladebunked his challenge for itorder a reinvestigation andrecall the warrant of arrestissued against him.Why?
The justication is as
what follows.Remember that the dou-
 ble-murder case led againstLacson is entitled “PEOPLEOF THE PHILIPPINES VSPANFILO M. LACSON.”
If this is so, should DeLima be in dilemma to knowwhether to consider the voiceof the people in wanting himto serve them as the senator?Should De Lima con-sider the fact that the voiceof the people is the voice of God? Vox Populi Vox Dei.In all republican anddemocratic governments, all powers—to repeat, all pow-ers—come from the people.Included in the powersthat come from the peopleare: (a) the power to judge;(b) the power to accuse; (c)the power to make laws; and(d) the power to implementlaws.To explain why thesources of powers are the people acting as one, let it begin from a common idea.The common idea is that
the 1987 Constitution cannot
 be the present constitution if the people did not cast ma-
 jority vote for its ratication.
And if the people in 1986voted “no” to the proposed
1987 Constitution, there can
 be no positions for Presidentor Senators or Congress-men or Justices or Judges or Secretaries including JusticeSecretary that exist now.The people said in the
1987 Constitution: Let there
 be the President voted by plurality of votes. That iswhy the people vote everysix years for the President.
This May 10, 2010, the peo
- ple voted for Noynoy Aqui-no, whose votes could have
 been 55% were it not for the
tampering of CF cards.The people said in the
1987 Constitution: Let there be 24 senators 12 of them
shall be elected by all the people every three yearsand each to serve a term of six years. That is why the
 people elect 12 senators ev
-ery three years. That is whythe people elected Lacson as
senator in the year 2007.
The people said in the
1987 Constitution: Let there
 be congressmen from all dis-tricts and from all partylistorganizations. That is whythe people elect congress-men in districts and from partylist groups.The people said in the
1987 Constitution: Let there be 15 Supreme Court Jus
-tices to be appointed by thePresident from those recom-mended by the Judicial andBar Council. That is whythe people appoint throughthe President a SupremeCourt justice for every va-cancy.The people said in the
1987 Constitution: Let there
 be cabinet secretaries whoshall serve as the alter ego of the President and this cabi-net must include a Secretaryof Justice. That is why the people appoint cabinet men,including the Secretary of Justice, through the Presi-dent and the concurrence of the Committee on Appoint-ments.The people said in the
1987 Constitution: Let the
senators and congressmanacting separately have the power to make laws and thatthese laws must be followedto the letter and spirit by allindividuals. That is why,the Senate and the Houseof Representatives made theRevised Penal Code, includ-ing the law on murder pun-ishing the act with reclusion perpetua.The people said in the
1987 Constitution: Let
there be no bail for criminaloffenses punishable withdeath, life sentence or reclu-sion perpetua. That is whythe people deny bail for all persons charged in court for non-bailable crimes by the prosecutors acting under thedelegated authority of theJustice Secretary.The people also said in
the 1987 Constitution: Let
the issuance of a warrant of arrest against any individual be based on the “probablecause” to be determined per-sonally by the judge uponexamination under oath thecomplainant and the wit-nesses he may produce andthe other evidence he may present.The people at the same
time said in the 1987 Con
-stitution: Let any person be presumed innocent until proven otherwise. That iswhy, the prosecutors andthe judge must act in greatcircumspect to avoid accus-ing men in court when the pieces of evidence available
are not sufcient to support
a case in court, to avoid giv-ing prejudices of warrantsand of depriving a person of his liberty just because the
case led and approved by
the court is one where thereis no bail while proving in-nocence.This principle of avoid-ance is necessary becausein giving this authority tothe judge the people clearlyknow the priceless value of freedom.The freedom lost cannot be taken back. The freedomlost cannot be compensatedwith any amount of money.The freedom lost is in itself a punishment to a person be-ing tried for a non-bailablecrime while there is no con-viction yet. The freedom lostis revolting to conscience if it turns out that there is actu-
ally insufcient evidence to
 begin with: That the accusedhas already been punishedyet he is innocent. Now, if the prosecutor charged a person, like Lac-son, with murder in courtupon the delegated power from the people, the judgeappointed by the indirect power of the people has theduty to approve or not the
case led by the prosecutor.
And in knowing whether to approve the case for trial,the judge must comply withthe command of the peoplethat he or she must person-ally determine whether the person, like Lacson, is prob-ably guilty on the basis of the complainant’s complaint,witnesses, and other piecesof evidence.And in so making the de-termination the judge musthave conscience that he or she must reject the pros-ecutor’s case that has a small probability that the accusedis guilty.If the prosecutor certi-
ed that he or she conducted
a preliminary investigationand that he or she has enoughevidence to prove the ac-cused guilty, the judge mustact with suspicion. This isso to show that he or shetried his or her best with thethought that if he or she ap- proves a case for murder heor she will be depriving theliberty of the accused for twoyears or more while the caseis being tried.So that the judge must beguided by these questions:1. “Can I not be pricked by my conscienceif the accused turns out in-nocent after trial because theaccused had to stay in jailwhile the trial is proceed-ing?”
2. “Can I bring back 
the lost freedom of the ac-cused if from the start the pieces of evidence presented by the prosecutors are doubt-ful?”A judge must have aconscience that “probablecause” is not a tool for con-venience but one that must be used with extra-care,extra-diligence and extra- prudence reserved only for those cases that truly haveevidence, cases that havetruly have witnesses whohave sworn to deny what heor she swore to earlier.This is because it isvery unfair for the accusedto keep him in jail if thereis clearly no chance for thecase against him to be prov-en beyond reasonable doubt.For a person like Cesar Mancao to say one delicatefact on one day and for todeny that fact on another daystinks.A man who changes tes-timonies from one to another on the same issue of factmakes that person always aman of doubtful integrity for honesty.If the conviction thatwill come later after thetrial is based on a proof  beyond reasonable doubt,
HOW CAN NOW THEJUDGE AND PROSECU
-
TOR CONCERNED SAYTHAT THE TESTIMONYOF MANCAO IS A PROOFBEYOND REASONABLEDOUBT?
At the end of the day,a judge must be scored or graded on the basis of how
many cases led by prosecu
-tors that he or she approvedfor trial that only ended upin acquittal just because theevidence presented by the prosecutors were actually in-
sufcient to begin with.
The judge must remem- ber that it is better to letloose a hundred criminals onthe street than imprison aninnocent man while the caseis being tried.The duty of the court toapprove the indictment bythe prosecutors, equivalentto saying “okay, let’s havea trial because the case ap-
 pears to have sufcient evi
-dence and we have to issuea warrant of arrest for theaccused,” must be exercisedin a manner that the judgecan smile when he or she is placed in his or her grave.The command of the people to the judge is he or she must look at every crimi-nal information sheet andevidences with suspicionand must personally ex-amine them, including in itthose pieces of evidence andcircumstances that were not presented or not considered by the prosecutors. Theseother evidence or circum-stances must be ones that thecourt can reasonably take asa notice to the court.In the case of Lacson,every judge knows him asa senator who has delivered privilege speeches that is un- printable to the Malacanangoccupant and her family at
the time of the ling of the
double-murder informationsheet.In the case of Lacson,every judge knows that the
 prosecutor who led the
double-murder case wasordered by the Secretaryof Justice appointed by theMalacanang occupant whowas not authorized by the people because her voteswere made by Garci and not by the people.In the case of Lacson, ev-ery judge knows that Lacsonwas voted by the people andthat therefore he is the voiceof the people and the voiceof God.As such, the judge towhom the charge against
Lacson was led must take
 judicial notice of these cir-cumstances.These circumstancesmust be taken with the factthat the only evidence of the prosecution are:(a) the second contrarystatement of a witness; and(b) the computer-gener-ated papers that can be in-vented showing that DanteTan of the BW Resourcesgave to Lacson 300,000shares of that stock whose prices were manipulated toeventually become one of thecases used in the impeach-ment against then PresidentJoseph Estrada.The judge must not takehook, line and sinker what-ever the prosecutors said ina case.This is because to do it by reason of convenience or inconvenience is equivalentto abdicating the duty to the people.As such, the judge hasthe duty to take notice or  judicial notice that manycases are actually designedto maim political opponentsor as a means to take revengeor as a means to compel theaccused to do something for the accuser.Similarly, as to the issueof whether there is probabil-ity that a person is guilty, the prosecutor also has that two-fold duty when he or she wasappointed by the indirect powers of the people.These duties are: (a) to prosecute the persons he per-sonally believes as guilty onthe basis of evidence; and (b)to spare the person brought
to his ofce if there is no suf 
-
cient evidence to support a
case for conviction.
The rst thing that should
come to the mind of the pros-ecutor must be this: He was
appointed to the ofce NOT
 because of the person whoactually signed his appoint-ment; rather that he was ap-
 pointed to the ofce because
of the trust of the people whoagreed to form the govern-
ment that included the ofce
to which he was appointed.In other words, his bossis the people. If P-Noy ac-knowledged the authority of the people or that the sourceof all powers is the people,there is no reason for the prosecutor to brag about his being a lawyer to say he cando what he wants.Indeed, the Presidenteloquently said this: “Kayoang boss ko,” referring to the people.As in the judge, the pros-ecutor also has that duty to personally examine the com- plainant, the witnesses hemay produce, and the other  pieces of evidence submit-ted if only to assure his con-science that he acted accord-ing to his honest belief.The prosecutor must notact on the basis of the com-mand to him by his direct boss, who is the chief city or  provincial prosecutor or thechief state prosecutor or thesecretary of justice.The duty of the pros-ecutor as commanded by the people is also the duty of thechief city or provincial pros-ecutor. It is also the duty of the chief state prosecutor. Itis the same duty of the Secre-tary of Justice. It is also theduty of the President acting
on the issue of whether to le
a criminal complaint in courtagainst certain persons.To repeat, the power tosay who should be broughtto court is a duty command-ed to the prosecutor, thechief state prosecutor, andthe secretary of justice. Thiscommand, to stress again, isordered by the people when
the people ratied the 1987
Constitution.As in the judge, the pros-ecutor, or Justice SecretaryDe Lima, in the performanceof duties to the people mustact with justice, give every-one his due, and observehonesty and good faith.With these premises, it iseasy for De Lima to see thatSenator Lacson is a voice of the people so that in givingrespect to Lacson is equiva-lent to giving respect to the people, considering thatthese votes were won whilethose in actual hold of power were fabricating votes in
2007 in Maguindanao and
elsewhere.It is easy for De Lima todiscern that the person whoauthorized the conduct of  preliminary investigationagainst Lacson was autho-rized only by Garci votes.It is easy for her to knowthat the person who autho-rized the investigation intoLacson has the motive of revenge considering thescathing privilege speecheshe gave against Gloria’shusband hiding in the name“Jose Pidal,” and the ex- poses he made consideringthe involvement of Gloria’sson, husband and the latter’s brother Iggy.These circumstances ly-
Sen. Ping Lacson

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I thank the 538 readers as of 10:54 a.m. of January 15, 2011 and those 10 who downloaded from Dyaryo Magdalo's site. Rest assured, it will continue to be a news weekly that fears no one and favors no one. Here, the language is truth, the sprit is liberty.
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