Ensuring That Justice Is For All

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Ensuring
That Justice
Is For All
By DR. PERSIDA V. RUEDA-ACOSTA
Chief Public Attorney, Public Attorney’s Office
Doctor of Social Development, College of Social Work and Community
Development,University of the Philippines-Diliman, Quezon City
Senior Executive Fellow, Harvard Kennedy School
Climate Reality Leader, The Climate Reality
Project/The Climate Reality Leadership Corps
Senior Fellow, Asian Public Intellectuals Fellowships
Fellow, Salzburg Global Seminar
Fellow, Japan Legal Aid Association
International Visitor (IV), International Visitors Program
of the United States of America
Member, International Legal Aid Group
Member, International Association of Bloodstain Pattern Analysts
Member, International Corrections and Prisons Association
4th Placer, 1989 Philippine Bar Examinations
Professor, Ateno de Manila University Law School
2
“Justice is
for all or
none at
all.”
3
“Nasubukan
na ba
ninyong
hulihin ang
hangin?”
4
JUSTICE COMES IN
MANY FORMS.
5
5
6
The Public Attorney’s
Office exists to provide the
indigent litigants, the
oppressed, marginalized
and underprivileged
members of the
society free access to
courts, judicial and quasijudicial agencies, by
rendering legal services,
counseling and assistance
in consonance with the
7
Constitutional mandate that “free
access to courts shall not be denied to
any person by reason of poverty” and in
order to ensure the rule of law, truth
and social justice as components of the
country’s sustainable development.
8
Such as –
 WHEN
WE ARE CALLED UPON BY OTHER
GOVERNMENT AUTHORITIES, SUCH AS THE
HONORABLE COURTS, THE OFFICE OF THE
PRESIDENT, THE SENATE OR CONGRESS, AND THE
LIKE;
 WHEN THE NEED OF THE PARTY IS PRESSING, THE
CASE MAY BE ACCEPTED TEMPORARILY PENDING
QUALIFICATION AND/OR ENTRY OF THE COUNSEL
9
DE PARTE
2001
The PAO rendered
legal assistance to
facilitate the
release and
dismissal of the
rebellion cases of
President Estrada’s
147 supporters in
connection with the
May 1, 2001
Malacañang siege
10
2002
Former President Joseph
Estrada
In 2002, the PAO
rendered legal
assistance to former
President Joseph
Estrada when the
Sandiganbayan
appointed Chief Acosta
as one of his de oficio
lead counsels and 8
public attorneys as
members of his defense
11
team.
2002
In 2002, the PAO rendered legal
assistance to the minor “Angelica”, who
was raped in and deported from Sabah.
12
2003
In 2003, the PAO rendered legal assistance to 199
Moro Islamic Liberation Front (MILF) suspects during
their hearings in Davao City RTC, regarding the
Motion to Suspend Proceedings and Lifting of
Warrants of Arrest in connection with the Davao
International Airport and Sasa Wharf bombings. This
led to the subsequent dismissal of their cases. 13
2003
In 2003, the PAO rendered legal assistance in the
hearings before various courts in Visayas and
Mindanao and subsequent release of 17 out of 32
political prisoners in connection with the
14
Government of the Philippines and CPP-NDF peace
talks Agreement in Oslo, Norway.
Zenaida Llesis
One of the political
prisoners was Zenaida
Llesis, an alleged ranking
level amazona.
The Chief Public
Attorney prioritized her
release on recognizance,
she being a nursing
mother to a daughter
who was suffering from
a
congenital
heart
diseases.
15
2004
In 2004, the PAO rendered legal assistance to SPO1
Ronaldo Palmares, Jr. in connection with Fathur Roman AlGhozi’s escape from Camp Crame. Thereafter, the criminal
charges against Palmares were dismissed by Quezon City courts.
Fathur Rohman al-Ghozi
Camp Crame
16
2004
The case of death convicts Roberto Lara and Roderick Licayan
(2004-present)
 Was opened for retrial in the Regional Trial Court (RTC) of
Marikina
 The case is significant because of the following positive effects:
a.
Executions of 217 death convicts were stayed by former President, H.E.
Gloria Macapagal-Arroyo;
b. Qualified and sickly 70-year olds and above were pardoned by former
President Arroyo;
c. Served as floodgates of presidential reprieves, pardon; and
d. Precursor of abolition of death penalty in the Philippines on June
24,
17
2006
Thousands of accused and inmates in connection
with the Motion to Suspend Lara & Licayan’s Execution
and Reopening of their cases resulted to the reprieves
of more than 200 death convicts
18
2004
In 2004, the PAO rendered legal
assistance in facilitating the surrender and
release of Amrodin Makasilang, a
Kidnapping suspect, who was listed in Order
of Battle of National Anti-Kidnapping Task
Force (NAKTAF). The case was dismissed by
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Judge Brigido Artemon Luna of RTCParañaque.
The PAO rendered legal assistance for the
transfer to the National Center for Mental Health and
subsequent release of Rosalinda Pelonio, a battered
wife and psychologically disturbed mother, who killed
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her own daughters while sleeping.
2007
In 2007, the PAO rendered legal assistance to 72year-old Ms. Elena dela Paz, aide for 45 years of the
late Philippine film icon, Ms. Nida Blanca. As per
DOJ Resolution dated November 11, 2008, signed by
the then Secretary of Justice, Honorable Raul M.
Gonzalez, Ms. Dela Paz was dropped as respondent
in I.S. No. 2002-619, and the handling prosecutor
was directed to cause her deletion from the 21
Amended Information
2008 - Present
The cases of the relatives of the victims of the M/V Princess of
the Stars maritime tragedy
(pursuant to Department Order No. 439, Series of 2008).



71 civil cases - RTC-Branch 49, Manila
Status: DECIDED
64 civil cases - RTC-Branch 10, Cebu City
Status: ONGOING TRIAL
Criminal case for Reckless Imprudence - RTC-Branch 5, Manila
Status: ONGOING TRIAL
22
OCTOBER 14 2015 –
RTC-BRANCH 49, MANILA ORDERED SULPICIO
LINES TO PAY 241.7 MILLION PESOS TO THE
HEIRS OF THE VICTIMS OF THE M/V
PRINCESS OF THE STARS TRAGEDY
23
2009
In 2009, the PAO’s legal
assistance caused the
release by Petition for
Habeas Corpus of six (6)
babies detained at the
Chinese General Hospital
from unpaid hospital bills
24
2009
Provisional and
temporary legal
assistance, i.e.
taking of oath, to
former
Congressman,
broadcast journalist
and TV news
anchor, Mr. Ted
Failon and his driver
in connection with
the Trina Etong
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suicide case
2009
In 2009, the PAO assisted the Philippine
National Police (PNP) personnel from the
ranks of PO1 to PO3 who were involved in
the EDSA-NIA Shoot-Out
(pursuant to Department Order
No. 106, Series of 2009)
26
2009
The said case was the subject of a Petition for
Prohibition before the Court of Appeals,
which granted the said petition filed by the
PAO on behalf of the PNP personnel
involved. The aforementioned petition
assailed the National Police Commission
(NAPOLCOM) Resolutions dated February 23,
2009 and March 30, 2009, respectively
placing petitioner-clients of the PAO under
preventive suspension and denying their 27
motion for reconsideration.
On appeal before the Supreme Court (SC), the NAPOLCOM
assailed the Decision of the Court of Appeals in granting the
Petition for Prohibition of PNP personnel involved. The SC
dismissed the petition filed by the NAPOLCOM for failure to show
any reversible error on the part of the Court of Appeals. The
NAPOLCOM, represented by the Office of the Solicitor General
(OSG), filed a Motion for Reconsideration which was denied again
by the SC with finality in a Resolution, dated January 31, 2011.
More recently, as of October 2015, the PAO lawyers, representing
the two (2) accused police officers, have already finished
presenting their evidence on the case while the counsel de parte
for the other accused police officer is now set to present 28his
proofs.
2011
Mediation conducted between the thirteen
(13) victims of a plane crash in Las Piñas City and
Victoria Air Inc., the plane’s owner, which
resulted to the payment of ten thousand pesos
(P10,000.00) by the owner to each of the said
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victims on February 18, 2011.
The 13 individuals who sought the legal assistance of the
Public Attorney’s Office (PAO) were the owners of residential
houses that were either totally or partially damaged by fire
caused by a plane that crashed and exploded inside a compound
at Villa Fidela Subdivision, Las Piñas on October 17, 2009. The
fire spread to the congested residential area in Las Piñas City,
where the houses of the 13 PAO clients were located. They
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sought the PAO’s assistance in May 2010.
2011
The Public Attorney’s Office
assisted four officials of the
Bureau of Jail Management and
Penology (BJMP) who were
captured in the line of duty by a
left-leaning group. Through CPPNDF Chairman Luis Jalandoni with
the help of Bayan Muna (Country
First) Partylist Representative
Satur Ocampo, Chief Acosta was
able to successfully seek their
safe and ransom-free release on
October 8, 2011 in the mountains
of Cotabato (southern part of the
31
Philippines).
2012 - Present
Bonita Baran
 Former domestic helper in
Quezon City, who was
allegedly maltreated for
four (4) years by her past
employers.
 Was hurt with a flat iron, struck in the head with
hard objects, forced to eat spoiled food and dead
cockroaches, and repeatedly punched in the eyes.
 There were times when her former employers
also detained her in their house.
32
Bonita Baran



Right eye – already out of sight and
her other eye has only 10 percent
vision left.
August 2, 2012 – PAO filed charges
of attempted murder, physical
injuries, and serious illegal detention
against her former employers at the
Prosecutor’s Office in Quezon City
September 10, 2012 – Bonita’s
former employers surrendered to
the National Bureau of Investigation
(NBI) & were turned over to the
Office of the Sergeant at Arms of the
Senate
Recently – Baran’s
employers filed a
MOTION based on
DEMURRER
to
Evidence and was
DENIED by the Court.
She is still under
cross-examination.
33
2013
The Public Attorney’s
Office rendered provisional
assistance to a journalist &
political detainee Ericson
Acosta.
Chief Acosta was
successful in seeking for his
treatment for renal disease
at the National Kidney and
Transplant Institute, as well
as his subsequent release
from detention in 2013.
34
2013
Janet Lim Napoles
In the year 2013, Senator
Teofisto Guingona III, as then
Chairman of the Senate Blue Ribbon
Committee, sent us a letter
requesting for appropriate legal
assistance to Ms. Napoles for a
particular Senate Hearing. We
heeded the call of the said
government office and aided the
controversial Ms. Napoles. We were
thereafter thanked by the same
committee on November 13,
through a letter, for “ensuring that
all rights of Ms. Napoles were
protected.”
35
2014
 Three minor rape victims
from Pangasinan (northern
province in the Philippines)
who were allegedly raped
by their own cousin. Their
father
sought
legal
assistance in their behalf,
from the Public Attorney’s
Office on May 2, 2014.
 A case was filed against the
said relative on June 2,
2014.
 Case Status: On-going trial
36
2014
 Two Jesus is Lord (JIL)
BIBLE MISSIONARIES who
were allegedly raped and
murdered
by
two
policemen.
The
policemen
whose
Warrant of Arrest was
issued on January 15,
2014, are now both in
detention.
 Case Status: On-going
trial
37
2014 - Present
THE CASE OF
CADET FIRST CLASS ALDRIN JEFF P. CUDIA
The PAO assisted in filing:




Petition-in-Intervention and
Manifestation with Motion for Leave
to Admit the CHR’s Final Investigation
Report in the Petition for Certiorari,
Prohibition and Mandamus filed by
ATTY. BERTINI CAUSING, a private atty.
Manifestation with Motion to Submit
Case for Early Resolution
Manifestation with Second Motion to Submit Case for Early
Resolution
38
Third Motion to Submit Case for Early Resolution and Reiteration
of Manifestation in Lieu of Memorandum
• PMA NAVAL COMMANDER JUNJIE
TABUADA- courageously testified in
favor of Cadet Cudia that there was an
8-1 voting in favor of Cudia’s acquittal.
39
THE CASE OF
CADET FIRST CLASS ALDRIN JEFF P. CUDIA
The PAO assisted in filing:
 Motion for Reconsideration
 Omnibus Motion
1) for Leave to File Second Motion for
Reconsideration
2) for Second Reconsideration
3) for Clarification
 Motion for Reconsideration
(re: Motion for Clarification)
40
2015 - Present
The case of
Krisel Mallari
The PAO assisted Krisel in her fight for
her right to be issued a certificate of good
moral character and to study in a university
of her own choice.
2015
The case of
“Katy”
“Katy’s” letter of gratitude for
Chief Acosta
43
44
Acquittals and Other Favorable Dispositions
Criminal Cases
2007 to 2014
YEAR
Acquittals
Other Favorable
Dispositions
2007
2008
2009
2010
2011
2012
2013
2014
TOTAL (2007-2014)
13,265
9,859
10,906
12,562
18,064
10,687
11,659
12,199
99,201
73,328
72,107
107,713
135,905
155,508
100,372
140,793
137,615
923,341
Total Number of
Acquittals and Other
Favorable Dispositions
86,593
81,966
118,619
148,467
173,572
111,059
152,452
149,814
1,022,542
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Public Attorney's Office
2007 to 2014
Total Number of
Other Favorable Acquittals and Other
Dispositions Favorable Dispositions
(Criminal Cases)
YEAR
Budget
(General Appropriations Act)
Acquittals
2007
2008
2009
2010
2011
2012
2013
2014
596,419,000
725,158,000
816,430,000
825,121,000
1,182,221,000
1,350,512,000
1,794,631,000
1,825,873,000
13,265
9,859
10,906
12,562
18,064
10,687
11,659
12,199
73,328
72,107
107,713
135,905
155,508
100,372
140,793
137,615
86,593
81,966
118,619
148,467
173,572
111,059
152,452
149,814
TOTAL
(2007-2014)
9,116,365,000
99,201
923,341
1,022,542
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calls for fairness to
everyone, and
service beyond
oneself.
47
Ang katarungan
ay para sa lahat,
kung ang lahat sa
atin ay
makatarungan.
48
A ting
G abayan
A ng
P amayanan…
49
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