12 SEPTEMBER 2007

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THIS MONTH'S FEATURES

RECENT FEATURES

ALIEN NATION

LITERATURE AND LITERACY

ELECTIONS 2007

FACES OF CHANGE AND CHANGELESS PLACES

PUBLIC EYE

NEW POLITICAL DYNASTIES LOCAL BOSSES GOOD (LOCAL) GOVERNANCE

2006 FEATURES

2010 POLITICAL PREDICTIONS

ADDICTIONS

VOYEURS AND EXHIBITIONISTS HEALTH AND THE FILIPINO
 i    R E P O R T  —  T H E   U L T I M A T E   V E R D I C T


OTHER DISCUSSIONS
PROSECUTION
DEFENSE
V. ON ALLEGED CONSTITUTIONAL DEFENSES: PREMATURE LOSS OF ALLEGED IMMUNITY AND ALLEGED SELECTIVE PROSECUTION (p.597)

A) A CLAIM OF PREMATURE LOSS OF IMMUNITY IS UNAVAILING AND HAD LONG BEEN DISCREDITED BY THE SUPREME COURT(p.597)

B) A CLAIM OF PREJUDICIAL PUBLICITY IS LIKEWISE UNAVAILING AND HAD ALSO BEEN DISCREDITED BY THE SUPREME COURT (p.600)

C) A CLAIM OF SELECTIVE PROSECUTION IS ALSO IRRELEVANT AND IMMATERIAL CONSIDERING THAT IT IS NOT AN ACCEPTABLE DEFENSE IN CRIMINAL PROSECUTIONS UNDER PHILIPPINE JURISDICTION (p.603)

D) A CLAIM OF SELECTIVE, INVIDIOUS AND HASTY PROSECUTION IS ALSO NOW IRRELEVANT AND IMMATERIAL CONSIDERING THAT THE SAME GOES INTO THE SUFFICIENCY OF THE PRELIMINARY INVESTIGATION, THE FINDING OF PROBABLE CAUSE AND THE VALIDITY OF THE INFORMATION — MATTERS THAT HAVE LONG BEEN SETTLED NOT ONLY BY THE HONORABLE COURT, BUT ALSO BY THE SUPREME COURT (p.606)

E) ASSUMING FOR THE SAKE OF ARGUMENT THAT A CLAIM FOR SELECTIVE PROSECUTION IS AN AVAILABLE DEFENSE IN CRIMINAL PROSECUTIONS UNDER PHILIPPINE JURISDICTION, THE SAME IS STILL IRRELEVANT AND IMMATERIAL (p.611)

1) THE PROSECUTION HAS NEVER ENGAGED IN SELECTIVE PROSECUTION. (p.613)

2) SELECTIVE PROSECUTION, EVEN IF TRUE AND AVAILING, GOES MERELY INTO THE MATTER OF REGULARITY IN THE PERFORMANCE OF OFFICIAL FUNCTIONS, BUT DOES NOT ALLOW AN ACCUSED, OTHERWISE GUILTY BASED ON THE EVIDENCE, TO ESCAPE CRIMINAL LIABILITY (p.617)
The “Amended Information” does not sufficiently charge accused Estrada of plunder under Republic Act No. 7080.

A) The information does not allege that the alleged act of “amassing, accumulating and acquiring” of wealth was by means which constitute “a combination or a series of overt or criminal acts or similar schemes”;

B) The specific acts alleged to have been used as the means of “amassing, accumulating and acquiring” wealth (paragraphs a, b, c and d of the “Amended Information”) on their face do not appear to constitute a combination or a series of criminal or overt acts or similar schemes.”

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