Punchline

By August 13, 2007Opinion, Punchline

Accidental killing

By Ermin Garcia Jr.

Just as we feared, the suspects among the bodyguards of Tayug Mayor Carlos Mapili will  never be charged for anything, not even for physical injuries, over the death of a lowly passenger dispatcher in that town.

Leave it to people in the know about technicalities in law particularly in the timing of arresting suspects to make one murder or homicide case a simple case of  “accidental killing” with no one held responsible.

In that incident, the suspects who figured in a car chase with the police never surrendered and therefore, cannot be considered suspects, and therefore, can no longer be arrested. Neat, huh?

The mayor was out of town when the dispatcher was mercilessly killed by his bodyguards whom the police positively identified (based on statements of witnesses who have since retracted their statements), and since he could not be compelled to surrender the suspects and the getaway parked in his compound, there is no case. Neat, huh?

Sr. Inspector Michael Daskeo, the town’s police chief, and his men who were in hot pursuit of the suspects, were easily waved off by the mayor’s chief bodyguard and denied entry when they tried to enter the premises to secure the getaway vehicle and search for the suspects. Failing to assert his authority at that point in time and the next 7 days, his superior officer Sr. Supt. Isagani Nerez, conveniently pointed out and justified to the media that the doctrine of hot pursuit could no longer be applied to effect the suspects’ arrests. Instead, he said police must wait for an arrest warrant from the court to effect an arrest. But since the witnesses have already backed down after the suspects were seen freely roaming the streets, no more warrant arrests were needed. Neat, huh?

But that’s not all. The provincial prosecutor’s office returned the complaint filed by the police after it found the complaint not defensible. This delayed further the process for the immediate arrest. Was it a coincidence that the mayor was a former assistant provincial prosecutor? 

So the official story now is – Nobody was at fault, nobody killed an unknown Elmer Avestruz. He just accidentally died after he felt a bullet barrel through his body.

***

SIMPLE ACCOUNTABILITY. Nobody but Archbishop Oscar Cruz knows and understands better what makes jueteng thrive in any community.

He knows it is not the jueteng lord that makes it happen. Not even all the payola to the police and media can simply allow jueteng to make its presence.  It is not the lowly bettor who supposedly takes to jueteng as a form of cheap entertainment, neither is the culture of gambling the main culprit.

He knows that it only takes two persons to stop it – the governor and the mayor. They both have the power to say “yes’ or “no” to a jueteng lord’s entry in the communities, and the authority to direct the police to be faithful to its mandated mission.

Now that reports of resurgence of jueteng in several parts of the province have reached him, he knows he only needs to look in one direction – Guv. Spines and his mayors, hence his question to the governor: “Are you or are you not against jueteng?”

Touche.

***

Still on  jueteng, the recent statement of PNP provincial director  Sr. Supt. Isagani Nerez about  verifying reports of jueteng money made to influence the elections at  the Pangasinan Councilor’s League cuts an ironic if not a comical image implicating Guv Spines and his own allies.

The fact is, there are only the governor and his (former?) allies, who helped him win the governorship, who are pulling all stops to make their respective candidates win.

Assuming for the sake of argument that it is Guv Spines’ allies who are guilty of vote-buying using jueteng money (and drug money?) to influence the results of the election, why isn’t he moving against them?  But if it is not his allies, then there’s only himself who can be tagged for doing it.    

 Either way, Guv. Spines certainly has some explaining to do.

What will you do now, Mr. Nerez?

***

BARAAN’S CASE BEFORE OMBUDSMAN. Here’s something for the provincial board members to ponder.

Former Dagupan City Administrator Rafael Baraan was charged before the Ombudsman, together with then City Mayor Benjie Lim and several others for violation of the country’s anti-graft and corrupt practices act. The case stemmed from the controversial construction of a commercial building on a government property by MetroState Realty Corporation.

The case was filed on March 14, 2007, during which Mr. Baraan was still holding office.

His departure from the city hall, being an official coterminous with the appointing power, was welcomed by many. But for reasons known alone to Guv Spines, Mr. Baraan was quickly suited up for his new job as provincial administrator.

And two weeks ago, the provincial board confirmed his appointment perhaps not aware of the case against Mr. Baraan pending before the Ombudsman.

Now that they can no longer deny that they have no knowledge of the charge, will they continue to cover up for Guv Spines and Mr. Baraan by sustaining the appointment?

To be charged before the Ombudsman is a serious matter that cannot simply be ignored when bestowing an appointment to an individual like Mr. Baraan to a very sensitive position.

***

UNDOING THE WRONG. I guess I spoke too soon when I said my now favorite mayor Al Fernandez has not done anything significant for his constituents, 30 days after he assumed office.  His move to stop what could have been the continuance of illegal collection of parking fees was a quick retort making me red in the face.

Stopping   the collection of parking fees at the Malimgas Market and the planned collection of fees at the city’s side streets served to recall the extent of the arrogance of power that the Lim administration instituted throughout. 

Mayor  Al, however, should not stop there. He must now have the city treasurer, the market administrator and the former city administrator investigated to explain and account for the illegal collections. Unless and until they are made to account for their official negligence, his own administration will easily become suspect in what could be a similar racket in the city hall in the future. 

(For past columns, click http://sundaypunch.prepys.com/archives/category/opinion/punchline/)

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