Martes, Hulyo 24, 2012

NON-BAILABLE CRIMES ARE STILL BAILABLE

At last, the court has realized that the case for electoral sabotage against Gloria Macapagal Arroyo is weak, and so the former president will now be released from prison on bail.. 

One recalls that there were two electoral charges that the government choose from when it filed the case against Arroyo:  Electoral fraud with respect to the 2004 elections, where she won against Fernando Poe Jr, and electoral sabotage, with respect to the senatorial elections in 2007.

Plain common sense will readily tell anyone that between the two, the probability of GMA using the resources under her command was greater on the former than on the latter.  Why?  For the simple reason that she was a candidate in the former, not in the latter.  The apparent evidence at hand was also relatively stronger in the first, at least iven the Garci Tape scandal, than on the former where the government's essential witness was one of the Ampatuans who, there is cogent reason to believe, must have been persuaded to stand as witness against her solely because he was taken out from the list of plaintiffs in the Maguindanao massacre.  Given this, it therefore appears that comparatively the case against GMA was stronger for the 2004 electoral fraud than for the 2007 electoral sabotage. But why did the government still choose to file a case against GMA on the latter, not on the former?  Again, the answer was quite commonsensical: - that is, under existing laws, electoral fraud is bailable, electoral sabotage is not.  And so, it is crystal clear that the administration's primary concern was to put GMA in jail, like Erap before: in an unbailable status.   And because of that, the government lawyers allowed themselves to appear stupid by filing a case against GMA on electoral sabotage, not bailable, than on electoral fraud, which is bailable.   Now, the government is reaping the bitter fruits of its stupidity: GMA will be out on bail, and more importantly, for a relatively weaker case. 

Of course, the government lawyers are now surely poised to file a plunder case against GMA et al, which again is another non-bailable crime.  But n their one-consuming obsession to put GMA behind bars, certainly under PNoy's behest, they seem to forget that even non-bailable crimes may still be bailable whenever the evidence against the accused is WEAK.

At any rate, let's wait for newer related developments.  As they say in comics, ABANGAN!

  

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