of the Philippines the criminal justice system is - Article 2
of the Philippines the criminal justice system is - Article 2
of the Philippines the criminal justice system is - Article 2
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2.2 Of <strong>the</strong> total <strong>of</strong> 26 media persons killed, twenty one (21) cases have been<br />
filed while five (5) are still under investigation. When asked to explain <strong>the</strong><br />
substantial difference in <strong>the</strong> efficiency <strong>of</strong> <strong>the</strong> investigation on media men<br />
killings v<strong>is</strong>-à-v<strong>is</strong> militant persons, Gen. Razon said that in <strong>the</strong> case <strong>of</strong> media<br />
personnel, <strong>the</strong>re are more witnesses and <strong>the</strong> police have received more<br />
cooperation from <strong>the</strong> media.<br />
3. Cases solved<br />
Gen. Razon stated that <strong>the</strong> PNP deems a case solved in line with a NAPOLCOM<br />
Resolution stating that a “case <strong>is</strong> solved” when a suspect has been identified<br />
and charges have been filed before <strong>the</strong> prosecutor or <strong>the</strong> court, without<br />
prejudice to fur<strong>the</strong>r investigation. However, Gen. Razon clarified that it <strong>is</strong> not<br />
an international definition.<br />
In truth, <strong>the</strong> “solution efficiency” <strong>of</strong> 29% <strong>is</strong> even deceptive or m<strong>is</strong>leading.As<br />
stated in TFU’s updated report “Out <strong>of</strong> <strong>the</strong> total 45 cases filed in court, <strong>the</strong> PNP<br />
has filed 5 cases with 8 arrested suspects who are all in jail; filed 25 cases under<br />
preliminary investigation, filed 1 case with surrendered suspect, while <strong>the</strong><br />
suspects for <strong>the</strong> remaining 15 incidents are still at large and are subject <strong>of</strong><br />
manhunt operations.” It <strong>is</strong> not, <strong>the</strong>refore, entirely accurate that 45 cases have<br />
already been filed in court since “25 cases [are] under preliminary<br />
investigation.” Thus, only 20 cases have actually been filed in court; 25 cases<br />
are only under preliminary investigation. These cases may yet be d<strong>is</strong>m<strong>is</strong>sed<br />
for lack <strong>of</strong> probable cause. Of <strong>the</strong> 20 cases filed in court, <strong>the</strong> accused or suspects<br />
have been arrested in only (6) cases. It cannot <strong>the</strong>n be accurately said that <strong>the</strong><br />
accused in <strong>the</strong> 27 cases have been brought to <strong>justice</strong>. Indeed, with respect to <strong>the</strong><br />
78 cases still under “extensive investigation,” it <strong>is</strong> even doubtful whe<strong>the</strong>r <strong>the</strong><br />
perpetrators can even be identified.<br />
When asked for <strong>the</strong> meaning <strong>of</strong> <strong>the</strong> term <strong>of</strong> “under extensive investigation,”<br />
Gen. Razon said in each case, regular case conferences are held, more men are<br />
assigned to investigate and <strong>the</strong> organization <strong>of</strong> special teams such as TFU.<br />
Upon inquiry, he replied that TFU receives a monthly budget <strong>of</strong> P300,000.00.<br />
As an incentive, each member <strong>of</strong> <strong>the</strong> unit receives P5,000.00 for every suspect<br />
captured or case solved. Gen. Razon fur<strong>the</strong>r testified that <strong>the</strong> PNP has not been<br />
successful in investigating <strong>the</strong> killings <strong>of</strong> militants because <strong>the</strong> CPP/NPA has<br />
terrorized <strong>the</strong> witnesses.<br />
4. Reason for political killings.<br />
Gen. Razon admitted that TFU still cannot explain <strong>the</strong> reason for <strong>the</strong> increase<br />
in political killings. Thus, TFU fell short <strong>of</strong> its objective to “establ<strong>is</strong>h who <strong>is</strong><br />
responsible for <strong>the</strong> killings” and to determine whe<strong>the</strong>r <strong>the</strong>re <strong>is</strong> a pattern <strong>of</strong><br />
serialized killings victimizing left<strong>is</strong>t activ<strong>is</strong>t and journal<strong>is</strong>t.”<br />
4.1 Gen. Razon refused to attribute <strong>the</strong> upsurge <strong>of</strong> political killings to <strong>the</strong><br />
President’s declaration <strong>of</strong> an all out war against <strong>the</strong> commun<strong>is</strong>t insurgents.<br />
4.2 But he was quick to say that <strong>the</strong>ir records show that <strong>the</strong> killings are <strong>the</strong><br />
result <strong>of</strong> CPP/NPA” own purging because <strong>of</strong> “financial opportun<strong>is</strong>m.” Gen.<br />
Razon admitted that he agrees with <strong>the</strong> statement <strong>of</strong> Gen. Palparan that<br />
organizations such as Karapatan and Bayan Muna are “fronts” <strong>of</strong> <strong>the</strong> CPP-<br />
NPA, and that unless “we stop fooling ourselves that <strong>the</strong>y are not fronts, we<br />
will not be able to solve <strong>the</strong> insurgency problem.” He fur<strong>the</strong>r asserted that <strong>the</strong><br />
NDF and Bayan Muna provide support, money, resources, and legal ass<strong>is</strong>tance<br />
to <strong>the</strong> CPP/NPA.<br />
However, when asked by Chairman Melo whe<strong>the</strong>r TFU has data on whom<br />
among those killed were finance <strong>of</strong>ficers, Gen. Razon could point to only two<br />
victims who were allegedly involved in financial operations.<br />
138<br />
article 2 • February 2007 Vol. 6, No. 1