Burning heretics


     The elements of rebellion include a public uprising, and the use of arms or violence for the overthrow of government. The NBI filed complaints for rebellion against 49 individuals today for incidents leading up to the Feb. 24 dispersed rallies and attempted “withdrawal of support” or “coup” (depending on which side of the fence you are) They didn’t file a complaint for coup d’etat but for rebellion. Because the crime of coup d’ etat involves a swift attack on government installations; and in the case of the Feb. 24 incidents there was no swiftness but a lot of stand-offing; no attack but a lot of waiting. So the NBI filed a complaint for rebellion instead, but none  of the reporters and interviewers asked:  Where are the arms? Or evidence that arms were going to be used, or means of violence? Calling on people to oust the president is not rebellion unless accompanied with a public uprising and the use of violence, whether organized or frenzied. We have to rely on the word of three detained alleged coup plotters turned state witnesses that certain bombings were the handiwork of the accused. But I thought these bombs were the type made from gathered gunpowder of big firecrackers like “pla-pla”, “super-lolo” “sinturon ni hudas”; of course the blasts created by these are strong enough to shatter glass and one’s eardrums but it would be a blast to see the improvised bombs themselves introduced as evidence in the complaint for rebellion. It’s the recanting cuffed inmates’  word against the respondents’.

     Normally, it is fairly easy to refute specific allegations of incidents and activities. Any person with a dayjob or regular activities can show where they were on specific hours and dates. (it is clients who cannot account for their whereabouts over long periods of time, that are difficult to handle). But here, it is prudent to ask for details of the allegations in the complaint, because proving where you were on certain hours and dates even if the complaint is general, will give the State the chance to cure whatever defects their complaints have. Those of us who have regular routines, and most of us do, can easily refute specific allegations; in fact most of our activities and routines are fairly documented: whenever you go to work or enter buildings, everytime you buy something or eat somewhere. This presumes that the prosecutorial arms of government, like the DOJ, are composed of all professional men and women. Where their boss, the DOJ secretary, lost no time in announcing  on national TV that “yes the investigation was very thorough, that’s to prevent the opposition and critics from saying that we are on a witchhunt”, even faster than any swift attack, then you can be sure that any inquest will become an inquisition.  (ask that your p.i. be done by a judge rather than by DOJ prosecutor Emmanuel Velasco; with a judge you are at least taking chances, with the DOJ prosecutor, you are certain to burn all).

       

Advertisements
This entry was posted by chattel.

5 thoughts on “Burning heretics

  1. so what do you think about that video clip of danny lim where he was withdrawing support from gma. hindi naman natuloy, di ba. what if he had second thoughts pala and regretted having made the video. what should count is that it didn’t get aired at the time it was supposed to be aired. it’s like a wedding that gets cancelled, kahit pa merong nang invitations issued, kung di naman natuloy, walang kasal. or am i completely off on this. is there a law that makes lim liable for something that he only prepared for, just in case, but did not carry out?

    angela

  2. you mean, is there such a thing as an “attempted coup”? or a “frustrated coup”? or is there such a thing as an “attempted rebellion”? or “frustrated rebellion”? Usually, when the acts are short of an armed public uprising, the complaints filed are for inciting to rebellion or inciting to sedition, or sedition, or maybe grave coercion, grave threats, etc. Therefore, bailable.
    anyway. in your example, the video, before it can be introduced and admitted into evidence, has to be authenticated by the person who took it (who filmed the subjects). If the complainant cannot produce the person who filmed it, it is not admissible; in other words it can be excluded in evidence. well, that’s how it’s supposed to work, anyway.
    thanks for writing!

  3. i looked at my comment again. since the video was not aired, is there such a crime as “attempted inciting to rebellion” or “attempted inciting to sedition”? there’s none. The State needs other pieces of evidence to make a case here.

  4. that’s what i thought. thanks. will be writing again when i have questions on the law. there’s one nga that i’ve been googling for for a long time now, looking for an answer. remember the late judge maximiano asuncion (not sure about the first name), the one called “the hanging judge”…? i remember watching him on tv in some talk show a long time ago, cory’s time pa yata yon. he said that under the LAW, the accused is not only innocent until proven guilty, the accused also has more rights and recourses than the victim. he even enumerated some of them but of course i’ve forgotten. parang its true, no? i think it was “freedom” by william safire, on the u.s. civil war and lincoln’s presidency, where i read something to the effect that many laws were written (that prevail to this day>?) to protect the powerful from lawsuits, or at least make it difficult to indict them, because talaga they got rich and powerful, and contine to do so, by methods that we now deem criminal. am i on track here? what are all these rights of the accused, and what the fewer rights of the victim?

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: