Odol V. Gonzalez Jr.: Admission by silence?

An old, established principle in criminal law is that an offer of compromise can be seen as an implied admission of guilt.
This principle is well-entrenched, and scribbled in the rules of evidence, as well as in a stream of decisions of the supreme court.
There have been reports, sourced from the side of New Bian Yek Commercial, that the camp of the honorable Valencia mayor Rodolfo V. Gonzalez, Jr. has offered to effect an out of court settlement with New Bian Yek Commercial.
As we know, the supreme court has directed the Ombudsman to file criminal charges against Gonzalez for violation of the anti graft and corrupt practices act.
This stemmed from the illegal release by Gonzalez of retention money which is public funds, even after he was already prohibited by a court from so doing.
By releasing retention money, it injured primarily the people of the Philippines, who owned that money, as well as New Bian Yek Commercial, who was banking on that retention money for satisfaction of its unpaid credit, arising from its sale of pipes.

Deafening silence
What is very telling is the deafening sound of silence by mayor Gonzalez over this report that his side is trying to compromise with Bian Yek Commerical.
I think, personally, as a friendly advice to Gonzalez---whom we consider our friend—this is not the time to keep mum.
If he has been adviced to remain silent, such advice is misplaced.
Gonzalez is not under custodial investigation, so to invoke the right to remain silent is out of place.

Incriminating silence

On the contrary, silence here can be incriminating.
By keeping silent, Gonzalez can be taken to be making an admission.
In law, it is called “admission by silence”
The act, declaration or OMMISSION of a party as to a relevant fact may be given in evidence against him, the rules of evidence say.
Gonzalez’ omission to react or deny declarations that he is trying to offer a compromise can be taken against him and be viewed as an admission.
“Admission by silence” under our rules, is clearly defined.
“A declaration made within the observation of a party who does or says nothing when the declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, may be given in evidence against him,” says the rule.
One who never comes out to deny a particular declaration when, by natural instinct or reaction the situation calls for a denial, is likely to have affirmed such declaration.
As a candidate he needs to address this, specially to his constituents, from whom he courts precious votes in the coming May elections.

Implied admission of guilt

This reported offer of compromise is very serious because it can be received in evidence in the Sandiganbayan as an admission of guilt of the Valencia mayor.
Under the rules of evidence it provides that: “In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt.”
In numerous cases the supreme court also has affirmed this rule.
For instance, in Dr. Ma. Cristina B. Seares versus Hon Rosita B. Salazar (A.M. No. MTJ-98-1160. November 22, 2000) the court ruled: “a criminal act is a violation against the State. The conviction of the perpetrators thereof is a concern of the State…..save in cases expressly allowed by law, crimes are not subject to amicable settlement”
To my mind, the offer of compromise, followed by an eerie yet deafening silence, plus the absence of any denial, but instead supplying a “no comment” response, completes the recipe for an implied admission of guilt.

Melimore Saycon, 69

Dumaguete PRESS Club,Inc
mourns Melimore’s demise

It’s another sad day for MEDIA in Dumaguete. It was only a few weeks ago that we mourned the demise of media icon Press Sec. Cerge Remonde.

At about noon of Feb 22, 2010, just a few days after vernacular media icon Board Member Melimore “Bokal” Saycon gave thanks to God and people for his speedy recovery, he unexpectedly succumbed to a sudden relapse and died of cardiac arrest in the operating room of the Holy Child Hospital.

“Bokal” Mel’ Saycon’s demise has left a void in the news media industry in Negros Oriental. For Bokal Mel Saycon has aroused the imagination of thousands of his radio listeners in articulating in flawless Cebuano parlance the issues of the day every morning.

His consistent, aggressive and articulate ventilation of burning issues of the day in the Vernacular, has placed Bokal Mel Saycon in a special media pedestal because no doubt about it, he has become the No.l Cebuano radio commentator in this part of the country. Indeed he has filled the void vacated by another vernacular media icon Gerry Olis in the 80s. Yet now, the void is back with Melimore’s demise at the age of 69.
For those left behind, we shall pledge to carry the torch of FREEDOM of the Press which Mel has whole heartedly espoused. We can only approximate but cannot be at par with his brand of public service to the masses for which he has been known, and for which he has lived and died for.

So long, our dear colleague and big brother in media, BOKAL MEL SAYCON, until we resume our coverage of the NEWS, in the Great Beyond.


Your Colleagues in the MEDIA

Slain beauty’s FB pals air grief, anger, post possible leads

Facebook (FB) friends of slain former Miss Dumaguete (2007) Ann Rosefe Bernadeth Neri have aired expressions of grief, sadness, disbelief and even outright anger over her gruesome killing just before Valentines day.
Others have also posted innocent facts which could develop as possible leads in solving the killing.
Others continued to comment and marvel at her natural beauty, both in life, and even in death.
One Facebook poster who came to her wake commented: “She looks lyk sleeping beauty lng lying in her casket...our dear anrose..”
Facebook is a popular social networking site in the internet, with millions of users the world over.
The former beauty titlist had disclosed information, chatted with friends, and posted several of her striking photos on her Facebook profile for the world to see.
Ann Rose, as she was called, was shot and killed by a still unidentified gunman, at the Dumaguete plaza right in front of city hall, while conducting a rehersal for a show.
Dumaguete was kept abuzz about the killing, noting the brazenness of the way the murder was executed.
In Dumaguete City, different personalities have been killed in similar fashion.
A doctor, businessman, lawyer, student, city government treasurer, and now a beauty title holder have become part of a growing statistic of unsolved killings in Dumaguete City.
However, what kept this murder story buzzing is her apparent connections with certain high-profile personalities, as noted by their attendance of slain beauty’s wake and burial.
One newspaper (Visayan Daily Star) has reported that a prominent politician is linked to the crime, stating that police is focusing on him as a “suspect,” citing police statements.
When one is considered a suspect, it is commonly considered that the person may possibly have a hand in the commission of the crime.
However, the police has not disclosed any credible or established chain of events that would validate their “suspicions.”

Facebook friends express grief and anger

One FB poster shouted: “GRABE talaga! may Ann Rose rest in peace and may the culprits burn in hell!”
Another stated: “may you rest in peace... we look forward for justice to reign...”
“Sana mabigyan ng katarungan,” said one poster.
“Sana Mahuli Na Ang Tunay Na May Sala!” said another.
“Sayang.........kaayo .......,” posted another.
One FB poster reported that she and Ann Rose were texting each other just before she was killed.
Another poster couldn’t hide his disbelief and said they were supposed to have met Ann Rose earlier that day she was killed.
Other posters who apparently are not based in Dumaguete posted questions, hoping that answers would be reported on FB.


Ann Rose had boyfriend?

One curious poster’s question was inquiring about Ann Rose’s family and asked whether her “bf” was also there.
“Kumusta man ya family dai? naa sad ya bf didto? (How is her family? Was her bf also there?”
“BF” is commonly understood to be an abbreviation of “boyfriend”
Apparently, Ann Rose, who listed her birthday as April 2, 1987, had a “bf” or boyfriend.
Other posters also publicly recognized the sensitivity of the death of Ann Rose.
One poster said he took pictures of the wake of Ann Rose, but would not post them publicly “for security reasons”

Who was Ann Rose?

One poster apparently had some knowledge of Ann’s vulnerabilities and humanity.
He said: “nobody is perfect bya..kung nkasala mn gni si ann pero two rata....(Nobody is perfect. If Ann sinned, but were just human)”
One of Ann’s friends was just grafeful for Ann’s life: “ate ann,,thank you for everything,for the friendship, and for being there for me when i need you, your one of the GODs gift, i will never forget you ate ann, i love you, i know your resting now in peace with GOD..”

Cursing the culprit

One of Ann Rose’s distraught Facebook friends voiced expectedly harsh words for killer:
“For the one took Ann Rosefe's life, may you have unsleepy life,
as the chill shall be upon your back, may the footsteps of dead give you a shock,” he said
“As long as you live, as long as you breathe, the spirit of guilt
shall haunt your conscience,” he added
“As every rise of the moon the sky, may you have a troubled life,” he concluded.

Tears for Fears

Today, I shed tears for fears.
I went to the dentist to have one of my lower molars extracted.
I was already experiencing unbearable pain.
I couldn't eat.
Because of the excruciating pain, I wanted to "shout, shout, and let it all out."
I always shed tears when I go to the dentist.
I don't cry.
Tears just roll down my side cheeks, by themselves.
I have dental trauma.
After the extraction, the dentist noticed the tears.
"They're tears for fears, doc," I said.
I wouldn't know if it is the anxiety or the tension I feel, that draws tears from my eyes.
When I seat in the chair, I imagine sitting in an electric chair.
I tremble, even without any electricity.
I then embark on episodes of anticipated fear.
I anticipate horrific pain.
When a small tinge of pain comes, I imagine it getting worse, my whole body becomes stiff.
At one point, I felt the dentist already removing the molar, using what I envisioned was a Philips screw driver.
"I'm screwed(literally)!" I said to myself.
Then suddenly a nerve-wracking pain streamed all over my head.
"Oh, it's the nerve," the dentist said.
"We'll inject more anisthetic," he said.
Good thing the dentist was patient, calm, and reassuring.
I have had at least two traumatic experiences with dentists in the past.
One was during grade school.
The second was in college when I experienced a severely painful extraction.
The trauma hasn't left.
Going to the dentist, to me, is like embacing a necessary evil, although there is nothing evil about it.
I hope someday I will overcome this fear...hopefully before I run out of teeth.

CoCs must be sworn in accordance with law

Certificates of Candidacy are required to be sworn in accordance with existing laws.
A certificate of candidacy that is not sworn in accordance with law renders the candidate ineligible for election.

CoCs must be sworn, to be eligible as candidate

Section 1, of Comelec Resolution No. 8678 mandates that No person shall be elected President, Vice-President, Senators, Member of the House of Representatives, Provincial, City or Municipal officials unless he files a sworn certificate of candidacy in the form prescribed by the Commission.
Sec. 73, of the Omnibus Election Code provides that “No person shall be eligible for any elective public office unless he files a sworn certificate of candidacy within the period fixed herein.”
By being “sworn” means the certificate of candidacy must be notarized in accordance the news rules on notarization.
Six years ago, the supreme court laid down the new rules on notarization of documents in Administrative Matter No. 02-8-13-SC dated July 6, 2004.
(This is not exactly "new" because it is a six-year old rule.)
Certificates of candidacy must be sworn or duly notarized to transform it into a public document.
A candidate is required to swear and subscribe to the truth of the contents of his certificate of candidacy before a notary public.
This is what the Comelec rules and omnibus election code require.

Competent Evidence of Identity

Under the new notary rules, a candidate must present what is called “competent evidence of identity”.
Competent evidences of identity are those identification cards of a person swearing before a notary public.
Under the new rules on notarization, a competent evidence identity must be a government-issued card, bearing a photograph.
The supreme court has listed down these identification cards that are sufficient to become competent evidence of identity (with photograph) .
They are drivers licenses, passports, SSS cards, GSIS cards, Senior citizens cards, Tax identification cards, IBP, PRC cards, among others.
If ID’s are government-issued, and bear a photograph, it should be competent evidence of identity.

Cedula is not competent evidence of identity

A community tax certificate or a cedula was once commonly used as evidence of identity before a notary public.
But it no longer is---since 2004, the promulgation of the new supreme court notary rules.
The Supreme Court in cases has categorically ruled that community tax certificates are no longer competent evidence of identity because they are unreliable for purposes of identification.
In a case, the Supreme Court said: “As a matter of fact, recognizing the established unreliability of a community tax certificate in proving the identity of a person who wishes to have his document notarized, we did not include it in the list of competent evidence of identity that notaries public should use in ascertaining the identity of persons appearing before them to have their documents notarized”(Charles B. Baylon v. Jose A. Almo A.C. 6969 June 25, 2008)

Similarly, the Supreme Court imposed sanction against notarizing documents without using competent evidence of identity (Dolores L. Dela Cruz, et. al. v. Jose R. Dimaano, A.C. 7781 September 12, 2008).

Effect on certificates of candidacy

If certificates of candidacy executed by candidates for the coming May 2010 elections did not make use of competent evidence of identity, this would affect their eligibility for election in May.
A certificate of candidacy that did not make use of competent evidence of identity----example: using a cedula---is a document that is NOT SWORN in accordance with law.
Thus, such a defective certificate of candidacy renders the candidate ineligible for election in the May 2010 elections.
The Comelec rules and the omnibus election code require certificates of candidacy must be sworn in accordance with law.
If you would notice, the prescribed form for certificates of candidacy issued by the Comelec is already updated in accordance with the new notary rules.
Instead of using "CTC" for communicty tax certificate, the Comelec forms indicate "identification card" already.
This only means that the proper identification card, or competent evidence of identity must be presented, and not the "CTC" or community tax certificate or cedula.


Ground for disqualification

Candidates who filed defective certificates of candidacy, or those who filed CoCs which are not sworn in accordance with law, face disqualification because they are no longer eligible for election.
Candidates who filed defective CoCs have just acquired grounds for their disqualification under existing law, i.e. the omnibus election code and comelec rules.
So candidates, please review the certificates of candidacy you filed before the Comelec last November .
Did you use cedula when you swore before a notary public for your CoC?
If you did, you can be disqualified and rendered ineligible for election, for having filed a CoC that is NOT SWORN in accordance with law.