Saycon case faulty, lawyer says
February 18, 2004 | 12:00am
Former solicitor general Frank Chavez assailed the Department of Justices (DOJ) indictment of Council on Philippine Affairs (COPA) secretary-general Pastor "Boy" Saycon for alleged violation of the Flag Law (RA 8491).
It was discovered during the hearing last Feb. 16 at the DOJ, that no formal complaint was filed by the National Bureau of Investigation (NBI) to support its complaint that Saycon and six others violated the Flag Law, a statement from Chavezs law firm said.
As a matter of fact, the DOJ panel handling the preliminary investigation of the case even ordered the NBI to file, not later that Friday, its formal complaint against Saycon, et al. This is the reason why the preliminary investigation of the case was reset indefinitely to give the NBI time to file the formal complaint.
Chavez, counsel for Saycon, characterized what happened as "pure exercise of abusive power by the government riding roughshod over the basic constitutional requirement of due process."
Chavez added that Saycon is being haled to the DOJ even in the absence of formal charges against him, which he said is worse than during the time of martial law.
What is absurd is that the DOJ took cognizance of the case and even subpoenaed Saycon to submit his counter-affidavit despite the absence of any formal complaint filed against him, Chavez added.
It was discovered during the hearing last Feb. 16 at the DOJ, that no formal complaint was filed by the National Bureau of Investigation (NBI) to support its complaint that Saycon and six others violated the Flag Law, a statement from Chavezs law firm said.
As a matter of fact, the DOJ panel handling the preliminary investigation of the case even ordered the NBI to file, not later that Friday, its formal complaint against Saycon, et al. This is the reason why the preliminary investigation of the case was reset indefinitely to give the NBI time to file the formal complaint.
Chavez, counsel for Saycon, characterized what happened as "pure exercise of abusive power by the government riding roughshod over the basic constitutional requirement of due process."
Chavez added that Saycon is being haled to the DOJ even in the absence of formal charges against him, which he said is worse than during the time of martial law.
What is absurd is that the DOJ took cognizance of the case and even subpoenaed Saycon to submit his counter-affidavit despite the absence of any formal complaint filed against him, Chavez added.
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