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Friday, April 27, 2007
SC rejects Ocampo plea for transfer of case venue
MANILA -- Saying the allegation of a possible "miscarriage of justice" is remote, the Supreme Court (SC) on Thursday denied a petition of party-list Representative Satur Ocampo for the transfer of his murder case to Manila.
Ocampo stood charged for the alleged mass execution of suspected government spies in the Communist Party of the Philippines (CPP) and its military arm, New People's Army (NPA), following the discovery of a mass grave in Sitio Sapang Daco in Inopacan, Leyte on August 26, 2006.
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The charges against Ocampo were filed before the Regional Trial Court (RTC) of Hilongos, Leyte.
In an en banc resolution, the SC turned down the letter request of Ocampo for a transfer of venue. The Bayan Muna congressman cited as reason for his request the harassments and death threats that he, members of his family, and case witnesses have received.
"The reasons advanced by petitioner Ocampo are not compelling and weighty enough to grant the desired transfer of venue of trial. His allegations of serious threats to his life and that of the defense witnesses are a common feature of high profile cases," the court said.
The SC said since Ocampo is a public figure with a large following of supporters from different mass based groups, the venue of the trial wherever it may be will always be "emotional and tension-filled."
"Hence, when emotions run high, threats or retaliation, unfortunately, come naturally. Indeed for justice to prevail, the scales must balance; justice is not to be dispensed for the accused alone. The interests of society and the offended parties which have been wronged must be equally considered," the SC said.
Magistrates further claimed that it would be "financially punishing" for the relatives of the alleged 30 victims of summary executions to shoulder the expenses of travel, including accommodation, in case the trial of Ocampo's case is held in Manila.
"For a change of venue to be granted, the situation should be such that neither the prosecution nor the defense witnesses can testify freely or voluntarily in the place where the trial is being held," the court ruled.
It said paramount consideration should also be given to the families of supposed purge victims, along with their witnesses, who would be financially constrained to shoulder all expenses if the trial is moved, as compared to the plight of Ocampo who has the resources that would easily provide him quick access to security escorts and other necessary arrangements that would foster his mobility and ensure his presence whenever needed during the trial.
In his petition, Ocampo also claimed that the "hostile environment" in Hilongos, Leyte, which he described as highly militarized, might cause a "miscarriage of justice for then his witnesses cannot safely and freely testify."
Commenting on Ocampo's petition, Judge Ephrem Abando of Hilongos RTC Branch 18, which is handling Ocampo's case, told the SC that he has no objections to the request for the transfer of the trial venue. (ECV/Sunnex)
For more Philippine news, visit Sun.Star Cagayan de Oro. (April 27, 2007 issue)
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