Saturday, November 14, 2015

Amid ‘tanim-bala scam,’ DOJ assigns prosecutor at Naia | Inquirer News

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The Department of Justice (DOJ) has already assigned a prosecutor at the Ninoy Aquino International Airport (Naia) to attend to cases of the so-called “tanim-bala (bullet-planting) scheme” and avoid inconvenience to travelers.

DOJ Spokesman Emmanuel Caparas said the DOJ has started designating a prosecutor at the airport since last week to protect travelers.

“The stationing of the fiscal there [at the airport] is one way for now to be able to shorten the time of going to the fiscal, filing a complaint and determining whether or not a case should be filed at the moment [because] ang pasahero hindi na nakakaalis (the passengers are not allowed to take their flights),” Caparas said.

“We are trying to avoid incidents where passengers are not allowed to take their flights just because may bala na nakuha sa kanila (there was a bullet found in their possession)…It affects the lives of people unnecessarily and unfairly,” Caparas added.

He said the public prosecutors have been instructed by Justice Secretary Alfredo Benjamin Caguioa and Prosecutor General Claro Arellano to expedite the conduct of inquest proceedings, weigh the evidence including the profile of the respondent.

“The prosecutor can make a call, all points available to him, talk to the passenger, after all that, if the passenger is harmless, [the prosecutor] can make the call using better judgment,” Caparas said.

For instance, Caparas said that if the bullet was found in the luggage or bag of an elderly who [has] been traveling to and from the country for 30 years, tingin mo dapat kasuhan yan (do you think a case should be filed)? At this point, yan ba may pakay na masama (does the elderly have bad intentions)?”

However, if the bullet was found taped or stitched in some secret pockets of a bag or luggage, then, Caparas said that is another thing.

“There are procedures in law, there are legal provisions that allow us to take certain measure to protect the rights of the general public whether you are a passenger or not and it also protects the rights of those who are looking after [the] security of our airports,” he added.

More than 15 “tanim-bala” victims have been ordered to be released by the prosecutors after dismissing the criminal case against them for further investigation.

Meanwhile, the Pasay City Prosecutors Office dismissed the case against 56-year-old overseas Filipino worker (OFW) Gloria Ortinez after the prosecutor said authorities failed to prove that she has the intention to possess the ammunition.

“There can be no conviction unless the prosecution shows that the accused knowingly possessed the prohibited articles in his person or that the animus possidendi (intent to possess or malevolent intent to use) is shown to be present together with his possession of such article,” the prosecutor said adding that a “bullet is a harmless article without the corresponding gun or firearm to fire it.”

The prosecutor added that there is no logical reason why a 56-year-old OFW working abroad for greener pasture would see the need to carry an ammunition. RAM

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