A Tale of Two Murder Cases

The Philippine justice system is quite broken and there is no better way to demonstrate that fact than by comparing cases involving the same crime. The following two cases involve murder. It's the details that differ.

This first case is rather open and shut as it involves a witness, a ballistic examination, and a paraffin test. Presumption of innocence notwithstanding this man is guilty. 

https://newsinfo.inquirer.net/1947975/makati-prosecutors-office-finds-basis-to-sue-road-rage-suspect-for-murder

The Makati City Prosecutor’s Office found probable cause to file a murder case against the suspect in a road rage that occurred along the southbound lane of the Edsa Ayala tunnel in Makati City.

The incident resulted in the death of a stay-in driver.

Citing a resolution released by the prosecutor’s office on Monday, PNP spokesperson Col. Jean Fajardo said suspect Gerard Raymond Yu is facing complaints of murder and carrying of firearms without permits.

“The Office of the City Prosecutor of Makati has issued a resolution finding probable cause to charge our arrested suspect Yu with murder charges for violation of Article 248 of the Revised Penal Code and violation of Section 31 of Republic Act 10591,” Fajardo said, speaking in a mix of English and Filipino, in a press briefing on Tuesday.

The PNP official said the paraffin test results on Yu and the ballistic examination of his firearms were among the bases the prosecutor cited.

Last May 29. Interior Secretary Benjamin Abalos Jr. revealed that Yu tested positive for gunpowder from the confiscated weapons, which also matched the recovered fired cartridge at the scene.

“In the body of the resolution, the prosecutor says that he [Yu] chased [the victim] and made sure that he positioned himself on the right side of the Innova so that the victim would not notice him,” Fajardo said.

“The case was elevated, and the prosecutor agreed to the murder case we filed yesterday. The city prosecutor also filed information for murder before the Regional Trial Court of Makati,” she added.

And rightly the Makati prosecutor's office says they will be filing charges. There is no waiting for the victims family to file a case. There is no nonsense. There is the City legal office taking charge and filing a case.

Compare that to the following case. A 20 year old 11th grader (that is a whole different story!) was gunned down in his house in front of his parents. It was a case of revenge over a charge of rape. No matter the victim appears innocent. The fact is the cops and the parents seem to know who the perpetrator is. 

https://mb.com.ph/2024/6/6/police-brutal-slay-of-grade-11-student-triggered-by-alleged-rape-incident

Police said that the brutal killing of a Grade 11 student in Barangay Granada here was triggered by rumors linking him to an alleged rape incident.

Police Capt. Portia Nillosan, head of Police Station 5, said that 20-year-old Nicus Balagosa was allegedly shot by the father of the alleged rape victim in front of his parents in their house on Sunday, June 2.

Balagosa was mistakenly tagged as one of those who allegedly raped the 16-year-old daughter of one of the gunmen, according to Nillosan. 

Nillosan said the alleged rape incident happened a few days ago, when the teenage girl and Balagosa attended a friend’s birth anniversary party with their two other friends aged 17 and 19.

However, it was reported late to the police, she added.

After learning the incident involving his daughter, Nillosan said the girl’s father confronted Balagosa’s two friends who denied any involvement in the incident.

However, Nillosan said that the girl’s father may have heard rumors linking Balagosa to the incident that triggered him to act violently.

Nillosan said that based on medical examination, the girl was positively sexually molested. But she noted that based on their investigation, Balagosa had left the party before the alleged rape happened.  

She said they are probing Balagosa’s two friends in relation to the alleged rape incident.

Nillosan said they already have four persons of interest in the shooting incident and they have also identified the girl’s father as one of the two gunmen. However, she refused to name him to protect the identity of the alleged rape victim.

She said they were not able to clearly see the license plates of the get-away vehicle through a closed-circuit television (CCTV) camera, making it difficult for them to identify the car owner.

She said they are awaiting Balagosa’s family to file murder charges against the perpetrators who are still at large.

Wow. There are suspicions about who pulled the trigger but nothing definite at this point and the PNP is waiting for the FAMILY TO FILE CHARGES????  Are they supposed to conduct an investigation and figure out who killed their son? OF course not. That is the job of the PNP. And they should be the ones who file the case and forward it to the City Prosecutor's Office. 

Now, let's look at a third case. DILG Secretary Abalos has warned barangays that all online sexual child abuse cases must be prosecuted. There is no room for settlement. 

https://mb.com.ph/2024/6/5/abalos-warns-barangays-no-settlement-of-online-child-sexual-abuse-cases

Department of the Interior and Local Government (DILG) Secretary Benjamin “Benhur’’ Abalos Jr. warned barangay officials on Wednesday, June 5, that there should absolutely no settlement of Anti-Online Sexual Abuse or exploitation of Children (OSAEC) cases at their level.

In a press briefing, Abalos urged the public to report online child sexual abuse and exploitation cases to proper law enforcement authorities as he vowed that those involved would be prosecuted.

He reiterated that local officials could be held liable if proven that they are instrumental in the “settlement’’ of these cases.

“To all those watching now, these are children, victims, this is a crime. You cannot say that this is only a camera that is only focused on them like that. Because there is this mindset. Some will say that is only a camera, no, even if it is only a camera, even if it is anything, this is a crime against children,’’ Abalos emphasized.

In the same briefing, National Coordination Council (NCC) against OSAEC Executive Director Margarita Magsaysay stressed that the barangay should endorse these cases to proper law enforcement authorities since settlement of this nature is out of the question.

She cited that the preference to settle these cases at the barangay level has probably something to do with maintaining family harmony, which should not be done since justice is not served to the child/victim with the perpetrators having the luxury of victimizing other children again.

Look at the reasoning here. There is to be no settlement because online child sexual abuse is a crime. No kidding!  But so is murder. So is homicide as a result of reckless driving. So is theft. So are so many other crimes yet the so-called justice system lets these crimes slip through the cracks because either the victims and the perpetrators settle or the victims refuse to prosecute. 

But it should NEVER be the job of the victim to prosecute. This is why so many criminals get away. Prosecution should be up to the City Prosecutor. And that is why the Philippine justice system remains broken.