Palace defends Atimonan shootout — too soon

Renato Corona was removed as Chief Justice last May for, among others, inducing the Supreme Court to flip-flop on its decisions. So one would think that the present court no longer would do such a thing.

Think again. There’s this case involving P360 million that was decided with finality and an entry of judgment made in Nov. 2010. The case dubiously was reopened in June 2011 during Corona’s reign. Then came his impeachment and conviction. And yet the present SC not only continued to reconsider the closed case. It even reversed the old ruling last September, after Corona had left. Naturally alarmed are the winning party and the lawyer — Atty. Arthur Lim, who was among the private prosecutors of Corona.

The question arises: is there ever a closed case in the Philippines?

This latest imbroglio dates back to 2000, when the Super Ferry negligently was gutted while dry-docked at the Keppel Cebu Shipyard. Pioneer paid the ship owner WG&A P330 million, then turned around and sued Keppel for damages. It’s no different from an insurance firm paying a rear-ended car’s owner, then collecting from the erring party. Only, the amount is exponentially bigger in the case of Pioneer versus Keppel.

As is usual with cases that big, the parties went all the way from lower arbitration to the Court of Appeals and finally to the SC. An SC division ruled in favor of Pioneer’s collection, plus interest. Twice Keppel moved for reconsideration; twice it was denied. SC rules forbid any more motion. So when the entry of judgment was made, it became part of the law of the land. Pioneer petitioned for enforcement of payment.

And yet the SC entertained an appeal from Keppel in June 2011. Justice Arturo Brion warned against the implications of such rule breaking. To reopen the closed case would mean negate all other closed cases’ final and executory judgment, It also borders on violating the Constitution, for the fundamental law allows the SC to review only live cases.

Still, the en banc went on with the case revival. Last Sept. 2012, with no hearing or submission of memorandums, it made a new ruling. Supposedly the ship owner was partly to blame for the fire 12 years ago. On that basis it reduced Pioneer’s P360-million collection to only P50 million. Justices Presbiterio Velasco and Bienvenido Reyes dissented.

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Malacañang has spoken. It backs the claim of the Quezon province police that Sunday’s gun slaying of 13 men in Atimonan town was a legit operation. Impliedly it believes the line that the 13 were guns-for-hire out on a mission. And that includes a police superintendent and two lower officers, an Air Force lieutenant and a sergeant, and a Cabinet member’s kin who heads the provincial capitol’s security force.

Malacañang is the highest office in the land, from which emanates executive policies, operating rules, and funds. Its word is supreme. Thus, all those follow-up investigations to be made by Malacañang subordinate agencies — National Police Commission, National Bureau of Investigation, Commission on Human Rights — must in the end prop up Malacañang’s belief.

The point here is that Palace spokesmen should not jump to conclusions. Just because the police says so doesn’t always mean it’s true. More so if it’s about grandiose heroism, as the Atimonan shootout was made to look.

The spokesmen must not feel compelled to issue official statements or answer all questions about everything. It demeans the Office of the President and makes the Chief Executive look silly. Remember how President Gloria Arroyo, pre-empting an NBI press briefing, wrongly pointed to the whistleblower as the perpetrator of a tax fraud? The mis-declaration led the sycophantic NBI brass unjustly to charge its own informant.

Fortunately in this unfolding Atimonan story, President Noynoy Aquino heard of his spokesmen’s premature statement. He admonished them to shut up till clearer info comes in. For it’s turning out that the slain men were not assassins but alleged jueteng protectors transporting P100 million in collections. Police intelligence in fact has never heard of the supposed Siman Gang that was busted in the gunfight. That’s likely just the tale of the policemen at Atimonan to justify the shooting. For, they allegedly then stole the jueteng loot. Such angle needs serious looking into.

What if Aquino was out of the Palace when the spokesmen spoke, and so couldn’t correct them? In the aftermath he’d be stammering to explain that his office never meant to defend on crime gang against another.

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READERS’ REACTIONS. On the rash of unlicensed-gun slayings, police inaction, and wrongly proposing to disarm responsible, licensed owners:

Toti of yahoo.com: “Though not a gun owner, I understood your point. Improperly trained, the police have not earned the citizens’ trust. They mishandle crime scenes and evidence. Don’t they watch CSI? They solve crimes not with forensics but accomplices ratting for the reward.”

Boy Manuel, Pasay City: “With 25 stray bullets hitting persons all over Metro Manila, at least ten, perhaps even 1,000, times more guns illegally were fired during the New Year revelry. Firecracker explosions masked the gunfire. If firecrackers are banned, nobody would dare fire guns, for pinpointing them would be easy. See how Davao City did it.”

Mark Lemsky, Alabama, USA: “I read your articles online. Our politicians here do not understand that the problem is not with guns but with the individuals who squeeze the trigger.”

V. Fidel Guidote: “They know the danger of firing guns into the air, yet do so anyway because sick in the head. After booking, those caught should be brought to the mental hospital in straitjackets. Branding as mental cases is a deterrent. Let every Dec. 28 (Holy Innocents’ Day) be dedicated to remembering their (stray bullet) victims. Of the more than 1,000 injured by illegal firecrackers, have the police investigated even just one to apprehend the seller?”

Nomer Obnamia: “Your suggestion — to hold the authorities responsible — will ensure good law enforcement. When faced with prosecution without exception, stupid gun holders doing stupid things — civilians, police, military — will think twice before indiscriminate firing.”

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E-mail: jariusbondoc@gmail.com