Wednesday, October 15, 2003

Forum Shopping on the KB case

So, the government prosecutors wants the Kuratong Baleleng case transferred to another court because they don't like Judge Theresa Yadao, the original judge who handled the KB case and the one who was tasked to try the case again after re-raffling.

It's really funny, this. They keep changing the rules -- just to get lacson jailed. Sobrang halata na, mga pare ko.

The prosecutors wants the case transferred to a Family court raw, LOL! That's REALLY weird, because a HEINOUS CRIMES court, like Judge Yadao's Branch 81, should be the one handling the case.

Common sense, right? But not to these overeager prosecutors who wants to deliver Lacson's head on a plate to her majesty, Mrs. Arroyo.

Besides, aren't the family courts tasked to handle cases which involve only minor victims who are still alive?

Fortun said R.A. 8369 or the Family Courts Act of 1997 provides that family courts will handle cases which involve only minor victims who are alive.

He said the intent of the law is "to protect minors from trauma brought about by cross examinations and examination of evidence."

It is for this reason, he added, that family court judges and prosecutors undergo special training on handling victims who are minors.


It's really odd to see a "Family court" handling this case instead of a "Heinous Crimes court", but whatever makes the prosecutors and GMA happy, eh?

Anyways, my advice to judge Yadao is to dismiss the case posthaste OR announce that she is willing to not handle the case anymore and instead have the KB case transferred to a family court if that's what the prosecutors want.

In a related news, Sen. Franklin Drilon, Sen. Tito Sotto and Sen. Nene Pimentel issued a joint statement calling the transfer bid "desperate antics of the Arroyo administration."

"The Department of Justice is acting in desperation with its motion to transfer the case, this time to a family court on a very narrow and flimsy argument that two members of the Kuratong Baleleng were allegedly minors.

"This recent move is a clear indication that the prosecution feels threatened. The case was already raffled to Branch 81 of the Quezon City Regional Trial Court, pursuant to the decision of the Supreme Court. They were present during the raffling of the case, signed the attendance sheet, and yet they did not object to the proceedings.

"This is a clear case of forum-shopping which is a punishable act.

"Why are they floating the issue only now? What are they afraid of?

"The prosecutors of this administration are pulling all possible stops in an attempt to control the outcome of the case. They are running out of tricks, and are bent on stretching the provision of law to their advantage.

"By this apparently desperate and legally dubious act, the prosecutors, in fact, undermine the very system of justice they are sworn to uphold."


Plus: Ducky Paredes comments on the KB case

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