FEDERALISM IS A FAIR WAY TO SOLVE THE BANGSAMORO “PROBLEM”

This summary is not available. Please click here to view the post.

PEOPLE v. QUIDATO

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERNARDO QUIDATO, JR., accused-appellant.

Topic:  Disqualifications as a witness; when it applies.

FACTS:

Accused Bernardo Quidato Jr was accused of parricide.  He and two co-conspirators allegedly attacked with a bolo and iron bars hack and stab the victim, Bernardo Quidato Sr., appellant’s father and namesake, which caused the victim’s untimely demise. 

Among those presented as witness were accused’s wife and brother.  Also presented were the extrajudicial confessions of appellant’s two other co-accused.  Appellant’s wife testified that while the accused were drinking tuba she overheard them saying that they were planning to go to the victim’s house on the night of the incident in order to “get money” and that she had no idea of what later transpired. Appellant objected to his wife’s testimony as it was prohibited by the rule on marital disqualification.  Appellant likewise denies the allegations of his co-accused who in their extrajudicial confession pointed to the participation of appellant.

ISSUES:

1. Whether or not the extrajudicial confessions should be given credence as they were obtained in violation of the constitutional right of appellant to confront witnesses.

2. Whether or not the testimony of appellant’s wife is disqualified.

HELD:

1. NO. They should not be given credence, and indeed, appellant should be acquitted.  The prosecution relied heavily on appellant’s co-accused’s affidavits.  However, the failure to present the affiants in the witness stand gives these affidavits the character of hearsay.  It is hornbook doctrine that unless the affiants themselves take the witness stand to affirm the averments in their affidavits, the affidavits must be excluded from the judicial proceeding, being inadmissible hearsay. “The voluntary admissions of an accused made extrajudicially are not admissible in evidence against his co-accused when the latter had not been given an opportunity to hear him testify and cross-examine him.”

Section 30, Rule 130 is not applicable in this case because it refers to confessions made during the existence of the conspiracy.  In this case, the conspiracy had clearly ended by the time the confession was made.

2. YES.  The testimony of appellant’s wife must be disregarded.  As correctly observed by the court a quo, the disqualification is between husband and wife, the law not precluding the wife from testifying when it involves other parties or accused, but not where the testimony will be used against the accused-husband directly or indirectly.

DECISION: 

Given the inadmissibility of accused’s wife’s testimony and the extrajudicial confession of co-accused, the appellant is hereby ACQUITTED.

PEOPLE vs. ACUÑA

ACUÑA, JESUS RAMOS and ANTONIO (TONY) DIONISIO, defendants.

Topic:  Qualification of adult witnesses.

FACTS: 

Defendants were charged with murder.  The complaint stated that they conspired together and assaulted the victim, Tranquilino Mariano, and while two of the accused were holding him, one was hitting him by a 2x2 piece of wood.  Then they stabbed him to death.  There were a number of witnesses who saw the beating and another who saw the accused dragging a dead body.

The RTC convicted the accused and hence this appeal.  The main issue in this appeal is the credibility of the witnesses.  Accused claim that they should have noticed the witnesses if they claim to have been there when the crime was happening, the fact that accused “did not notice the witnesses’ presence” makes their testimony incredible. The witnesses were also first cousins of the victims and they failed to report the incident immediately.

ISSUE:

Whether or not the witnesses’ testimony is incredible.

HELD:

NO.  First, where the issue is the credibility of the witness, the Supreme Court, as a general rule will not disturb the findings of the lower courts as regards to their findings of the witnesses’ credibility. 

As to the fact that accused “did not notice” the presence of the witnesses, it was correctly pointed out by the prosecution that the accused were probably too engrossed with their assault to have noticed the witnesses.  Besides, the area where the incident occurred was partly concealed by gumamela plants hence it was possible for the witnesses to see the incident without being seen.

It is also true that the witnesses were first cousins but “there is nothing in our laws that disqualifies relatives of a victim from testifying in a criminal case … so long as said relatives who were actually present at the scene of the crime, witnessed its execution.”  Furthermore, there was no showing of ill-motive.

The fact that they failed to report the incident immediately is also understandable. The accused were locally known troublemakers who would intimidate people once they fell under the influence of liquor.  The court also takes judicial notice that the witnesses were town mates and must have feared reprisals.  Such reticence has been declared as not affecting credibility.

The witness who saw the accused dragging the cadaver, likewise reported the incident 6 months after the incident.  The court held that this does not affect the credibility of the as it relates to a matter that occurred after the crime was committed and merely corroborates the testimony of two other credible witnesses (the cousins) who actually witnessed the incident.

DECISION: Guilty.

MAHINDRA TRUCKS: THE PNP APPEARS SATISFIED

I have blogged before about how I felt that Indian cars would produce great customer satisfaction for a Filipino motorist.  I wrote that:

“Their cars are rugged and durable. Mahindras, Hindustan Motors, Tata and Maruti/Suzuki have built a reputation for simplicity and quality.

x x x

“Indians are also technically proficient. A quick look at their internet forae and the number of car programs as seen on youtube shows that the Indian is a discerning motorist. I also suspect that the road conditions in India are so much worse than in the Philippines that a car built for India would have no trouble negotiating the potholes and floods of Manila and the dirt and mud of the Provinces.”

Thus, when word came out that the Philippine National Police was going to acquire Mahindra Enforcers (known in India as the Bolero), I was thrilled.  I knew that my hypothesis was going to be proved correct, so much so that when the Senate questioned the acquisition, I wrote in favor of it.

Mahindra Enforcer PNP Patrol Car

More than a year later, is my hypothesis correct?  It seems so.  In the May 20, 2016 edition of the Philippine Star* explains that the PNP is very satisfied with the Enforcer’s performance.  Antonio Mallari, Jr., the after sales director stated that only 61 of the the 1,470 Enforcers or only 4% have been brought to Mahindra’s service depots for minor repairs and preventive maintenance.

Keep in mind that these vehicles have been in use for over one year and under “rigorous usage” as patrol cars.

So there you have it folks, Indian cars can cope well in Philippine conditions.  They are rugged and reliable.  Sure, they don’t look “pogi”, but for some, that isn’t important.

Will the government consider getting more Indian vehicles?  Will you consider getting one? I for one, consider them great value for money, an Enforce costs between P750,000 for the lowest spec, single cab model to P995,000 for the top of the line double cab, 4x4 version.

The Sad Fate of Grace Poe and Alan Purisima

The award of the contract to Mahindra will be the only project I will commend the now-discredited and shamed Gen. Alan Purisima for.  To be fair, he deserves to be thrown in jail for graft and corruption if not for his flat out incompetence.  But this acquisition shall be his enduring legacy.

Alan Purisima

On the other hand, when Senator Grace Poe openly questioned the acquisition of Mahindra trucks to be used by the PNP, I criticized her.  The neophyte senator displayed her ignorance of the motoring world.  I could never trust her to make our laws and I could not trust her with the top post in government.

Grace Poe

---

*I could not find this article online, however, I was lucky enough to have snapped a picture of the article as it appears on print.  Here it is below.

Related Posts:

PNP questioned over award for patrol jeeps to Mahindra

Mahindra coming to the Philippines: its the invasion from the subcontinent

Tata motors coming to the Philippines:  but not the nano

MARTIAL LAW AMNESIA? NOT!

This article is a response to a Philippine Star Opinion Piece Written by Crispin C. Maslog dated April 12, 2016.

An opinion piece recently appeared in the Philippine Star entitled Martial Law Amnesia written by Crispin C. Maslog.  This is a cut and dried piece basically explaining how the Marcoses abused their power during Martial Law and because of this, we should not elect Ferdinand “Bongbong” Marcos Jr., as Vice President. The article begins with an explanation as to how the Millennial generation is not to blame for “Martial law amnesia”.  Maslog explains that this is because their generation “did not teach history properly”, and then he proceeds to talk about how President Marcos wanted to increase his term, suspended the constitution and declared martial law and how everything went downhill after that et cetera, et cetera.

I am a Millennial and forgive me Mr. Maslog, but this sounds eerily like what we have been indoctrinated in in school.  This is the same history and the same discourse that is being taught to the kids today.  I will give Mr. Maslog credit though, he has come to terms with the fact that it is not the Millennial’s fault for the historical revisionism and glamorization of the Martial Law period, but this is not for want of being told stories of the “horrors” of Martial Law rule.  I’ll put it to you plainly, this is a reaction to the failures of Maslog’s generation.

Filipino Millennials

(source: Philippine Star)

Let me be blunt about this, everything that the Martial Law generation did after 1986 makes me want to puke.  What we are seeing today is a reaction to the incompetence and failure of the Martial Law generation to create a better and more prosperous Philippines after the dictator was toppled.  Newsflash! The Millennial generation has come of age.  No longer do we look up to the previous generation who, after 30 years, represents nothing but stagnation and incompetence to us.  My generation knows that what we want is a leader who has genuinely created in us a sense of hope for the future—a leader who, to us represents a future that does not involve having to choose “lesser evils”, a country that is united to achieving status and prestige. 

-o0o-

These times remind me of 2010.  There was a man, then running for President, his name was Gilbert Teodoro.  Of all the candidates then, it was only he who could give us a vision of the Philippines “taking off”.  His vision of the Philippines then was one where the Philippines had a credible military, a booming economy and self-sufficiency.  A lot of the youth could relate with this and it is not surprising that in college polls, Teodoro always came out on top.  My generation wanted this man in office.  Instead, the Martial Law generation disappointed and further disillusioned us when, riding on a wave of sympathy and nostalgia of the Cory years, voted her son into office knowing full well that he was not prepared for such a position.

He was popular with the youth, it’s just too bad that many were too young to vote in 2010

(source: www.yodisphere.com)

Times have changed though, in 2010, a lot of Millennials were still under 18 years old.  Many were in college or were fresh graduates—we didn’t have a say at all.  Now, the Millennials are all above 18 years old, many are independent and holding positions in middle to upper management, many are married and have children.  The Millennials are becoming increasingly aware of the political and persuasive power they hold and are more than willing to think for themselves.  On the other hand, the Martial law generation has aged, many have died, others have lost parental authority over the Millennials.  Yes, that generation has failed and disappointed us Millennials.  We all know what happened after—six wasted years.

The Millennials are becoming increasingly aware of the political and persuasive power they hold and are more than willing to think for themselves. 

The article ends stating:

The history of this economic plunder is one of the blind spots in the minds of the Filipino millennials today.  It worries me and my generation no end, that the son of Ferdinand Marcos is running for vice president of the land, and be just a heartbeat away from the presidency. If that happens, philosopher George Santayana may again be proven right when he said long ago that a people who do not remember their past are condemned to repeat it.

My generation knows this.  Our history of economic plunder continues.  It continues today with the mismanagement and cronyism of the current administration.  With all due respect to Mr. Maslog, my generation lives through this, every day when we ride the decrepit trains, pay for overpriced electricity and telecom, line up for hours at government offices, see news of starving farmers and yet another massacre, whenever we see incursions in our territory and how powerless our military is to stop it.  Make no mistake, we are repeating history, it just looks like the role of villain and hero has been reversed.

SOME SOUND ADVICE FOR YOUR CHOICE OF VICE PRESIDENT

The campaign is in full swing and we’ve recently just concluded the CNN Vice Presidential Debates.  And what a debate it was!  It was certainly a more provocative and intellectual discourse than the Presidential debates, and with a fair amount of politicking, considering that most of the candidates are members of the Legislature.

Vice Presidential Debates Part 2 (Audio Only)

This is also a very good time to be giving some advice when you make your choice of Vice President on the ballot.  My advice is simple:  Vote for the one whom you would most like to see sitting as President.

The reason for this is that the Vice President is considered as the “substitute President” or the “President-in-waiting”, a “spare tire”, so to speak.  The 1987 Constitution does not give the Vice President any role in government, instead it provides in Article VII:

Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.

 

If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified.

 

If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and qualified.

 

If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice President-elect shall become President.

 

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a President or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

Please dwell on the phrase “...the Vice-President shall become the President to serve the unexpired term”.  This phrasing means that the Vice President literally becomes the President in case of the President's death, permanent disability, removal from office, resignation or disqualification.  The Vice President becomes a President.  Additional support for this is that the Vice President shares the same age, citizenship and literacy requirements as the President.

Why is this important?

Two of our recent Vice Presidents have acted as “shields” for the President, helping to insure that they stay in office.  Noli de Castro during President Arroyo’s term and the incumbent Vice President Jejomar Binay in this present Aquino administration.  Both of the Presidents they served under have faced impeachment complaints and been asked to resign, but the intelligentsia in both cases have not supported such moves because the would-be successor was not seen as an acceptable alternative: Noli de Castro was considered weak; and Jejomar Binay is considered corrupt.  The sitting President was considered the lesser evil.  Indeed, this very situation seems so absurd, it shows great disrespect our system of Presidential succession and a failure to understand the duties of the Vice President.

Let me be clear, I do not want to see this situation happening in the next administration.  Indeed, the next administration may very well see a Vice President succeed to the Presidency.  Let us go over the candidates:

Duterte – He pledged that he will end criminality in 6 months, after which, will resign. 

Defensor-Santiago – Sick with cancer and with one foot in the grave, bless her soul.

Llamanzares – Contrary to appearances, the decision in Poe vs. COMELEC leaves a disqualification case open at the Presidential Electoral Tribunal.  She may win the elections, but she may still be disqualified.

Binay – The plunder cases filed against him may also disqualify him even if he were to win the elections.

Roxas – He is so far down in the polls that in the unlikely event he will win, it will be because of cheating and he may just get disqualified.

The Candidates

(Source: globalbalita.com)

The possibility of a Vice President succeeding to the Presidency is very real.  Vote for the one whom you would most like to see sitting as President.

YRASUEGUI vs. PHILIPPINE AIRLINES

 

G.R. No. 168081, October 17, 2008

Topic:  Management Prerogatives; Imposition of weight requirement.

FACTS:

THIS case portrays the peculiar story of an international flight steward who was dismissed because of his failure to adhere to the weight standards of the airline company.

Petitioner, Armando Yrasuegui had problems with his weight.  According to the PAL flight manual, for a man his size, he needed to maintain an ideal weight of 166 pounds.  PAL sent him on an extended vacation so that he could deal with his weight problems but while he was removed from flight duty and the company physician visited him at his residence, he weighed in at 217 pounds, thus he agreed to regular weight checks.  When he failed to comply with regular weight checks the company charged him administratively.  And ultimately, on June 15, 1993, petitioner was formally informed by PAL that due to his inability to attain his ideal weight, and considering the utmost leniency extended to him which spanned a period covering a total of almost five (5) years, his services were considered terminated effective immediately.

Petitioner filed this case for illegal dismissal claiming that: (1) his dismissal does not fall under 282(e) of the Labor Code; (2) continuing adherence to the weight standards of the company is not a bona fide occupational qualification; and (3) he was discriminated against because other overweight employees were promoted instead of being disciplined.

The Labor Arbiter ruled in favor of petitioner, holding that while the weight requirement was lawful, the dismissal was illegal.  NLRC affirmed the Labor Arbiter’s decision.  It held that obesity is a “disease” and thus, petitioner was not intentionally violating the company’s order to lose weight.

The CA ruled in favor of PAL and dismissed the complaint for illegal dismissal.  It held that the weight standards of PAL are meant to be a continuing qualification for an employee’s position. The failure to adhere to the weight standards is an analogous cause for the dismissal of an employee under Article 282(e) of the Labor Code in relation to Article 282(a). The relevant question to ask therefor is whether or not the weight standard is reasonable and whether or not the employee qualifies or continues to qualify under this standard.

ISSUE:

Whether or not the weight standard is reasonable.

HELD:

YES, the standard is reasonable.

A reading of the weight standards of PAL would lead to no other conclusion than that they constitute a continuing qualification of an employee in order to keep the job. The dismissal of the employee would thus fall under Article 282(e) of the Labor Code.

In the case at bar, the evidence on record militates against petitioner’s claims that obesity is a disease. That he was able to reduce his weight from 1984 to 1992 clearly shows that it is possible for him to lose weight given the proper attitude, determination, and self-discipline. Indeed, during the clarificatory hearing on December 8, 1992, petitioner himself claimed that “[t]he issue is could I bring my weight down to ideal weight which is 172, then the answer is yes. I can do it now.”

Petitioner has only himself to blame. He could have easily availed the assistance of the company physician.

The SC held that the obesity of petitioner, when placed in the context of his work as flight attendant, becomes an analogous cause under Article 282(e) of the Labor Code that justifies his dismissal from the service. His obesity may not be unintended, but is nonetheless voluntary. As the CA correctly puts it, “[v]oluntariness basically means that the just cause is solely attributable to the employee without any external force influencing or controlling his actions. This element runs through all just causes under Article 282, whether they be in the nature of a wrongful action or omission. Gross and habitual neglect, a recognized just cause, is considered voluntary although it lacks the element of intent found in Article 282(a), (c), and (d).”

The dismissal of petitioner can be predicated on the bona fide occupational qualification defense. Employment in particular jobs may not be limited to persons of a particular sex, religion, or national origin unless the employer can show that sex, religion, or national origin is an actual qualification for performing the job. The qualification is called a bona fide occupational qualification (BFOQ). In short, the test of reasonableness of the company policy is used because it is parallel to BFOQ. BFOQ is valid “provided it reflects an inherent quality reasonably necessary for satisfactory job performance.”

The business of PAL is air transportation. As such, it has committed itself to safely transport its passengers. In order to achieve this, it must necessarily rely on its employees, most particularly the cabin flight deck crew who are on board the aircraft. The weight standards of PAL should be viewed as imposing strict norms of discipline upon its employees.

The primary objective of PAL in the imposition of the weight standards for cabin crew is flight safety.

Separation pay, however, should be awarded in favor of the employee as an act of social justice or based on equity. This is so because his dismissal is not for serious misconduct. Neither is it reflective of his moral character.