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Tuesday, December 28, 2004
Espinoza: So Machiavellian By Elias L. Espinoza
RESOLVE. The filing of the murder charges against Michel Favila Sr., the suspect in the shooting to death of lawyer Arbet Sta. Ana-Yongco, has finally resolved the issue on Favila’s voluntary
detention at the National Bureau of Investigation (NBI) 7.
Efforts of Favila’s lawyers to free him from detention through a petition for the issuance of a writ of habeas corpus before the Court of Appeals were overtaken by the filing of the information in court and the issuance of a commitment order for his detention at the Bagong Buhay Rehabilitation Center (BBRC).
With the filing of the information for murder against Favila in court, the Yongco family and the Citizens Against Violence have every reason to smile and celebrate the rest of the holiday with glee.
Even with Favila’s insistence that he is innocent, I could not, however, imagine how much he regretted in surrendering voluntarily to the NBI in Palawan, when his name cropped up as suspect.
He would have celebrated Christmas with his family and not with inmates at the BBRC.
The murder of Yongco in the morning of Oct. 11 insider her office/home in Zapatera, Cebu City caused outrage among members of the local law profession, prompting the two chapters of the Integrated Bar of the Philippines here to stage a protest-march.
The NBI 7, on the other hand, during the time of director Reynaldo Esmeralda, insisted that Favila is not the right suspect.
The Criminal Investigation and Detection Group, however, pooh-poohed the NBI’s theory and maintained that Favila murdered the lady lawyer. The difference in opinion caused a rift between the two investigating agencies.
With the case against Favila now in court, a heavy burden rests on the shoulders of the prosecutors since the Yongco family, the public, and members of the legal profession expect a successful prosecution of the case.
DENIAL. Cebu City Mayor Tomas Osmeña denied that the proposed hunter team, which will be composed of police sharpshooters tasked to track down wanted criminals, is a “death squad.”
The name, however, suggests more than just going after the wanted criminals or those who have wrecked havoc on the city’s peace and order. The term hunter and the employment of police sharpshooters simply mean otherwise.
There is no doubt that the silent majority and the victims of crimes are applauding the mayor’s plan. Even members of the business community have publicly given their nod of approval to the creation of the hunter team.
Its creation is not illegal per se. The current pathetic peace and order demands drastic action. The mayor should, however, insure that his team of police sharpshooters must perform their tasks within the framework of the law.
The mayor must bear in mind that an accused, no matter how guilty he may be, is still entitled to his constitutional rights and should be presumed innocent until the contrary is proven.
Those who oppose the idea of having a hunter team may call this unit a death squad, but to the mayor, it doesn’t matter as long as he achieves his goal of restoring peace and order in his city.
The hunter team or death squad or whatever name you want to give it was proposed to instill fear among criminals.
The case of my friend Jed Sevilla, who was shot and robbed inside his vehicle in the middle of the street on a stop light, only showed how daring local criminals have become.
Such incidents should not happen again.
On the other hand, Osmeña should not overlook the fact that the rise of criminality, particularly crimes against property, is borne by the present economic difficulties.
It is not only going after the neck of criminals that will improve the peace and order situation in the metropolis but also providing better employment opportunities for the greater majority, particularly the unemployed.
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