The Lawyers for Commuters Safety and Protection (LCSP) on Wednesday cautioned President Ferdinand “Bongbong” Marcos Jr. that stalling the filing of charges against those involved in the alleged anomalous flood control projects would give the culprits time to influence the outcome of the investigation.
Atty. Ariel Inton, LCSP founder and president, said that while the Palace has already responded to the public’s question on when charges will be filed — saying “we would rather do it right than quick” — it is also proper to note that both can be done.
“Sinagot ni PBBM ang tanong na kailan ba masasampahan ng kaso ang mga sangkot sa flood control scam. Inip na ang tao at kahit ang mga mapasensyang sector ng mga negosyante ay nababagalan sa proseso. ‘We would rather do it right than quick,’ aniya ng pangulo. Baka daw balang araw ay maabsuelto pa ang mga kakasuhan,” Inton told the Daily Tribune.
(“PBBM answered the question of when those involved in the flood control scam would be charged. The people are impatient, and even the most patient business sectors are growing frustrated with the process. The President said, ‘We would rather do it right than quick.’ But perhaps one day, those to be charged might even be acquitted.”)
“Pero sa Pilipinas kapag ang akusado ay makapangyarihan, siya o sila ay llamado sa laban. Ibig bang sabihin ng Pangulo na kaya na absuelto ang mga sangkot sa PDAF scam ay minadali ang kasong sinampa?” Inton asked.
(“But in the Philippines, when the accused are powerful, they are favored in the fight. Does the President mean that the reason those involved in the PDAF scam were acquitted is because the case was rushed?”)
According to Inton, the slow progress of the investigation fuels public frustration. “Aba’y base na rin sa tinatakbo ng imbestigasyon at pahayag ng mga nag-iimbestiga, wala pa rin ebidensya laban sa mga opisyal na nasasangkot at may mga hurdles pa para makapagsampa ng kaso,” he said.
(“Based on the progress of the investigation and the statements of investigators, there is still no evidence against the officials involved, and there are still hurdles before charges can be filed.”)
He noted that the Independent Commission on Infrastructure (ICI) has repeatedly stated it is still gathering evidence and inviting resource persons. “Hindi pa demanda yan! Pagkatapos nila (kailan?) ay irerekomenda nila sa DoJ (Department of Justice) ang mga kakasuhan. At ang DoJ ay magsi-set ng preliminary investigation. May makukulong na ba sa stage na ito? Wala pa,” Inton said.
(“That’s not yet a case! After they finish (when?), they will recommend to the Department of Justice who will be charged. And the DOJ will then set a preliminary investigation. Will anyone be jailed at this stage? Not yet.”)
Quoting Rule 112, Section 1 of the Revised Rules of Criminal Procedure, Inton explained: “Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.”
He also noted that the process is lengthy, as Section 3 of the same rule allows the accused to respond to the complaint during the preliminary investigation before a warrant of arrest can be issued once the case reaches the court.
With this process, Inton said those involved in the alleged anomalous flood control projects may still exert their influence or even flee the country, similar to what former congressman Zaldy Co reportedly did.
“Ang inip ng tao ay dahil na rin sa tinatakbo ng imbestigasyon. Nasa poder pa rin ang mga balyenang politiko na nasasangkot sa iskandalo. May pera at kapangyarihan na maaaring gamitin laban sa katotohanan,” the LCSP leader said.
(“The people’s impatience stems from the pace of the investigation. The political whales involved in the scandal remain in power. They have the money and influence that can be used against the truth.”)
“Heto ang pinupunto ng mga tao, Mr. President, hindi ‘yung bagal kundi ‘yung panahon na maaaring magamit ng mga makapangyarihan para hindi sila makasuhan. At dito sa puntong ito, puwede ‘yung quickly. Tanggalan sila ng impluwensya, kapangyarihan, pera at iba pa na puwedeng magamit laban sa katotohanan. At kapag nagawa na ‘yan, then do it rightly para ang reasonable certainty of conviction ay mailatag sa mga sangkot, kasama ang mga mastermind,” Inton explained.
(“This is what the people are pointing out, Mr. President — not the slowness, but the time that the powerful can use to avoid prosecution. And at this point, things can be done quickly. Remove their influence, power, and money that can be used against the truth. And once that’s done, then do it rightly so that a reasonable certainty of conviction can be established against those involved, including the masterminds.”)
“SO MR. PRESIDENT, WITH DUE RESPECT, DO IT QUICKLY AND RIGHTLY. It can be done both,” he said.