Thursday, November 17, 2011

Justice Department Circular No. 41 and Aquinoists missing the whole point @raissawriter

Raissa Robles wrote (in value-crushing detail) about a loophole exploited in a certain Department Circular No. 41 issued by Justice Secretary Alberto Agra in 2010 under the Government of then President Gloria Macapagal-Arroyo (GMA). This circular is what the current Justice Secretary Leila De Lima then used to slap the travel ban on now former President and Congressman Arroyo.
Because of this, DC 41 said, these Supreme Court circulars left a gap because they were “silent with respect to cases falling within the jurisdiction of courts below the RTC as well as those pending determination by government prosecution offices.”

It is the last clause, which I posted in red, which De Lima is using to bar the Arroyo couple from traveling – because they have five complaints filed against them “pending determination by government prosecution offices.”

So check out the bunch of commentors over there at that blog exchanging high fives over what they perceive to be the irony of a GMA-era circular now being used against the former President.

The real irony here that is lost on these folk lies in their not considering that for all the whole vindictiveness that the government of President Benigno "Noynoy" Aquino III exhibits over anything and everything related to Arroyo, they end up actually celebrating the use of some of the work GMA left behind for their own quaint purposes.

Of course the real point of it all remains. It is really more around the whole question that has been raised even by Arroyo's most virulent critics: Why to this day have no charges have been filed in court against GMA by De Lima's mob (and, by command responsibility, President Aquino himself)?

All this just highlights the desperation that is evident in the Second Aquino Administration having to resort to using a legal artefact that is a direct legacy of the administration they ironically demonise.

Pinoy nga naman talaga
Parang aso
Matangkad lang kapag naka-tayo.

Keep on trying, guys.

3 comments:

  1. Pinoy ka din d b? That means ASO ka din... ang piangkaiba nga lang ay si Gloria ang amo mo at tahol ka ng tahol. :) Kung susulat ka narin lang para kay Ms. Raissa, wag naman yung pang palengkera... pang tabloid ang dating eh. :)

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  2. From what I understand, the GMA admin applied circular no. 41 to suspects already charged or have pending cases, unlike this one where GMA is not even charged yet.

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  3. Halatang hindi mo ginagamit ang iyong kokote, 3donp. What's the difference between Gloria and PNoy? None, because PNoy has aready defied the law. No one, not even the president, is above the law. I agree with Felipe because there's no cases filed against Gloria during that time.

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