Posted by: kidlatanvillage | December 23, 2010

The Reason to Shut Up

One wonders why the anti-graft court Sandiganbayan issued  a “gag order” restraining the parties in the plunder charges against former Armed Forces of the Philippines (AFP) comptroller Maj. Gen. Carlos F. Garcia.

Under the agreement submitted before the Sandiganbayan on Dec. 16, Garcia pleaded guilty to lesser offenses of direct bribery and violation of Section 4 (b) of the Anti-Money Laundering Act.

As reported, former Armed Forces of the Philippines (AFP) comptroller Maj. Gen. Carlos F. Garcia entered into a plea bargaining agreement  with the Office of the Ombudsman and its special prosecutors on the plunder raps filed against the retired military official.  As a result the Sandiganbayan allowed Garcia to post a P60,000 bail and he was released on Dec. 17.

This disappointed a lot many including the military and  the commander-in-chief, president Benigno Aquino lll.  Aquino  even instructed Executive Secretary Paquito Ochoa, Jr. to review the plea bargaining agreement and come up with a legal redress to overturn the plea bargain.

Reason for the Issuance of the “Gag order”(?)

As said in the order issued by the Sandiganbayan 2nd Division: “It appears that various unfounded comments have been made that only confuse issues and do not in any way serve the ends of justice. The parties, lawyers and representatives are hereby ordered to refrain from issuing press releases, granting press interviews, and making any comments, pending the promulgation (of the decision).”

Is it for the interest of Justice?

As expected interested parties and individuals who may find the plea bargaining agreement as illegal and anomalous, possibly dismayed and infuriated, will always be vocal with their opinions and views about the issue.

Former Ombudsman Simeon Marcelo sees it sees the plea bargaining agreement as illegal and anomalous since it goes against the interest of the government.

Likewise if AFP Chief of Staff General Ricardo David said he wants the plunder trial of former military comptroller Maj. Gen. Carlos Garcia to continue.

Former military man and senator and now Muntinlupa Representative, Rodolfo Biazon said the plea bargaining agreement was a big blow to the morale of the soldiers. Perhaps it could even vindicate Trillanes and the Magdalo soldiers who were fighting against  corruption in the government and the military.

Eastern Samar Representative Ben Evardone  look at the “gag order” as infringement on the people’s right to information. He said the order is “violative of press freedom and the people’s right to know and of the freedom of expression.” Further the Congressman fears these could even set a bad precedent which could be used by other courts on similar controversial cases.

The Court’s Mandate

But also looking on the other side of the issue, the Sandiganbayan has a constitutional mandate to prosecute cases of graft and corruption and will do it in a manner without respite and impunity. There are things the Ombudsman sees in a case which and ordinary person like me do not. But whatever one has to say there is such a thing as “respect to the rule of law.”

You may agree or disagree with me but this is just my personal opinion.

By the way, as reported the Sandiganbayan postponed ruling on the plunder and money laundering cases against Garcia Wednesday morning.

Kaya abangan na lang nating ang susunod na kabanata.

MERRY CHRISTMAS AND A HAPPY NEW YEAR TO ALL. LET THERE BE PEACE AND PROSPERITY TO ALL.

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Responses

  1. Is there something mysterious behind the deal? Just asking, hehe?

  2. Merry Christmas and a Happy New Year to All!

    May there be truth, peace, love, and harmony in all parts of the world.

    Mabuhay!!!!!

  3. I remember a Congressman who was told to shut up by the Speaker of the House. In return the congressman also told the speaker to shut up.

    Now, who needs to shut up; the executive or the judiciary?

    I have an article about Christmas and New Year’s Celebration. If you have time please visit:

    http://bobonyo.wordpress.com

  4. Maganda yang bulyawan sa pinoy congreso…sa Taiwan o kaya sa South Korya eh buntalan.

  5. Kasamang Trublue delikado iyang buntalan na iyan sa Kongreso baka si knock out silang lahat kay Congressman Pacquiao, hahaha


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