Ya hahaha lorenzo tan, tsk tsk tsk
anyway here's the update I promised you care of uhmmmm lory tan...
iFebruary 4 – Legal Details on Cases vs Chinese Poachers
I received an update from Atty. Gerthie Anda of ELAC Palawan. She provides background detail that describes some of the complexity involved in cases of this type here in the Philippines.
Gerthie clarified that Friday’s hearing focused only on the "People vs. Kwok Wai Ming, et al." case (Vessel No. 2880), particularly, on the prosecutors' motion to withdraw the 2 criminal cases vs. Kwok Wai Ming. It did not address the other issues related to cases against FV Hoi Wan or FV King King Hai. Why? The reasons are incomprehensible to the common taxpayer. Aren’t we repeatedly told that justice delayed is justice denied?
Prior to Friday's hearing, BFAR filed an opposition to the prosecutors' motion to withdraw the cases against Kwok Wai Ming et al, and sought for a suspension of the proceedings.
We gathered that prior to yesterday's hearing, DOJ Secretary Gonzales sent an SMS directly to Provincial Prosecutor Allen Ross Rodriguez advising him to defer the hearing on the motion to withdraw. (Gerthie observed that this appears to be the effect of the combined activity and pressure from partners in government, media and civil society. It was not a decision of Judge Ilao.) Thus, the prosecutor yesterday moved for the deferment of the hearing on their motion to withdraw pending the resolution of the MR filed by BFAR before the DOJ. This is the reason why the court gave time for the MR to be resolved. The next hearing on this issue is scheduled for February 22.
Re the motion of the accused that Director Sarmiento be charged with contempt for refusing to release FV King King Hai, while BFAR has already filed its answer, the court has not yet scheduled the case for hearing. The prosecutors find the accused's legal action defective since it was for direct contempt. You will recall that BFAR has certifications proving that the documents submitted by the accused to establish ownership of the vessel were fake. The prosecutors suggested that BFAR file a new contempt action against the accused for submitting fake documents. Outlaws rarely play by the rules.
Still on the FV King King Hai case, the MR filed by BFAR and PCSD seeking a reversal of the court's order of release was submitted for resolution the other week. We are waiting for the court's decision on this. Everyone expects a reversal....especially since the public (and the Supreme Court) are closely watching Judge Ilao's actions on the poaching cases. This is democracy in action. Continued vigilance and pressure will be crucial.
The Philippine Star published Judge Ilao's letter to the editor on Friday, in response to Dodo Cu-unjieng’s article, and the public uproar over his decisions. Gerthie said she had not read Judge Ilao’s letter in full. She sought to clarify, however, that contrary to what may have been implied in that letter, the bail of P30 Thousand per Chinese crewman, was recommended by the provincial prosecutor based on the bail bond guide.
She also clarified that it was not true that the prosecutor recommended the temporary release of the vessel to the Chinese. It is of record that Provincial Prosecutor Julius Concepcion vehemently objected in writing (thru an Opposition) to the accused's motion seeking the release of the FV King King Hai on the payment of a P50 thousand bond.
In the hearing on BFAR's MR a few weeks ago, the prosecutor even requested for an ocular inspection in order to determine the true value of the vessel and check whether it was true that the Navy was not maintaining the vessel as claimed by the accused. The ocular inspection was conducted two weeks ago, with the judge, prosecutor Regidor Tulali, BFAR representative and the accused's lawyer present. Up until today, we are waiting for the court's ruling on the MR of BFAR.
Their weapon is doubt. All they have to do is to sow doubt. Why is it so difficult to enforce the law? I am sure that question is running through your heads as well.
Billions of Pesos of public funds are spent annually on the Legislature to write our laws. Much more is spent on the Executive branch to apply these laws and manage government. If the Judicial branch does not faithfully and consistently deliver on the expectations of the taxpayer, all is for nothing. Effective governance is a product of teamwork. It is only as good as its weakest link.
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Three napoleon wrasse are in the Sta. Lucia Intensive Care Unit.
In an earlier report, Marivel Dygico, our WWF Tubbataha project manager, told us what caged fish go through when they do not feed. Well, three Mameng began to shows early signs of starvation – they were floating toward the surface with indications of blindness. Our site-based scientists and volunteers immediately moved the three into a separate holding pen to give them a chance to feed properly, and prevent the other fish from devouring them. In the wild, this is part of natural selection. The slow and weak die, while the strong and swift survive. At Sta. Lucia, however, our teams are determined that, as far as possible, no fish will be left behind come March. So, they are maintaining special pens for the weaker and slower fish to prevent irreversible starvation, and help see to it that all 350 make it back to Tubbataha, and freedom.
--Lory Tan /WWF
cash or in shark fins...
