Jesus M Elbinias
WHETHER or not the one-year deadline for court trial of the four US Marines, accused of rape in Subic, is covered due to delay of the trial hearings caused by nonappearance of the respondents DEPENDS on when the Department of Justice, having determined probable cause, filed an information in court to indict those marines, and obtained warrants of arrest from the court against the accused to cause them to appear in court so as to proceed with the hearings. With the warrants and arrest of the accused, the trial hearing could and should have begun and beat the one-year deadline. But the deadline should have no effect if the delay is caused by the appeal filed by the respondents themselves challenging the existence of probable cause that has not yet been resolved positively and the indictment not filed in court nor the warrants issued.
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While what Sen. Minority Leader Aquilino Pimentel Jr. said about the 1987 Constitution that it limits the scope of the people’s initiative and referendum to simple or minor amendments such as modifying the terms of elective officials and membership of the Senate and House of Representatives or increasing the public officials to be subjected to review and confirmation by the Commission on Appointments – is sensible, the people’s initiative may yet be adequately informed by the Constitutional Commission of the merits and broad application of their proposals to add and modify the current Constitution for the people to approve for adoption. In fact, the Con-com proposals may yet be passed to the Congress constituent assembly to show, not Congress but also the people, approved the consequent Constitution.
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When former President Fidel Ramos says he is not joining the political opposition or abandoning President Arroyo, in effect he is actually doing so — which is to support and be part of the opposition by saying that a "better solution would be for her to step down by 2007, declare her intentions to relinquish power and join the race for parliament." This is exactly what the opposition has been egging President Arroyo to do — for her to relinquish her presidency, a sacrifice the opposition asked for and also that by the ten former Cabinet members who abandoned her amidst the political crisis she was then facing as triggered by the "Garci wiretapped" issue. But will the opposition rest assured this is so? Remember, FVR is a psy-war expert. He may appear to be toeing the opposition’s political line, but only for national cause.
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Sen. Rodolfo Biazon’s statement that he has five new witnesses "of stature" and at least two new tape recordings of phone conversations that would show "massive" wiretapping on a number of personalities before and after the May 2004 presidential election. Together with the new witnesses, new evidence will be presented, according to him as his preview to the reporters of what could happen when the Senate Committee on National Defense which he chairs. He announced that on the 19th of January, his committee will resume its hearings on the "Hello Garci" tape controversy. Well, let’s wait and see whether his five witnesses of whom he said only one confirmed attendance, and only three were "significant" and two would just corroborate the rest. Will this hearing lead to a permanent closure of the "Garci" issue or a useless disclosure?
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