Pubdate: Fri, 03 Feb 2006
Source: Philippine Star (Philippines)
Copyright: PhilSTAR Daily Inc. 2006
Contact:  http://www.philstar.com/
Details: http://www.mapinc.org/media/622
Author: Rene U. Borromeo
Bookmark: http://www.mapinc.org/areas/Philippines

PUBLISHING JUDGES, PROSECUTORS JUNKING DRUG CASES MAY BE LIBEL

The plan of Mayor Tomas Osmena and a councilor to publish the names of
judges and prosecutors who dismiss drug cases or acquit drug suspects
might place the mayor at risk of libel, said Regional Trial Court
executive judge Simeon Dumdum Jr. yesterday.

Dumdum said it is better for the mayor to include publishing the
entire resolution or decisions of the case so the public may also know
of the reasons of prosecutors and judges in dismissing a particular
drug case.

There are six judges handling drug cases at the Palace of Justice in
Cebu City. They are RTC judges Soliver Peras, Meinrado Paredes,
Enriquita Belarmino, Fortunato de Gracia, Gabriel Ingles and Renato
Maamo.

Dumdum commented that publishing the names of judges and prosecutors
who clear suspects from drug charges would create a presumption to the
public that something irregular might be involved in their decision.

Cebu City prosecutor Nicolas Sellon, for his part, refused to comment
about the issue but Integrated Bar of the Philippines-Cebu City
chapter president Alex Tolentino described the proposal of councilor
Augustus Pe Jr. as "unethical, improper and inappropriate."

Osmena, in supporting the Pe proposal, earlier said that only those
who dismiss drug cases, without valid reasons, would be exposed in the
publication.

One of the judges, who requested anonymity, said there have been
instances when the court is forced to acquit drug suspects simply
because of inconsistent testimonies of prosecution witnesses,
particularly during the trial proper of the cases.

The judge said the most common method of prosecution witnesses is to
testify in court a fact contrary to what has been mentioned earlier in
their affidavits.

"Kini maoy maayong tan-awon sa mayor aron silotan kining maong mga
polis, ilabi na kadtong dili motunga sa hearing og ma-dismiss na lang
hinoon ang kaso," another RTC judge said. 
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MAP posted-by: Tom