(The Philippine Star)
Something
very wrong and damaging to the administration of criminal justice in
this country is happening nowadays. And this is because some officials
in the present regime are so publicity-conscious or publicity-hungry in
the performance of their jobs. They don’t realize or don’t care at all
about the dire consequences of their media-hugging stunts on the rights
of the suspects and in the successful or credible conclusion of the
cases they are investigating and prosecuting.During these times, the prosecution and hearing of cases are openly conducted in two venues — the social/ mass media and the courts of justice. Hence mere suspects and/or accused persons are adjudged guilty or not guilty not only before the bench of the Judiciary which is the sole branch of government tasked with deciding cases and applying the laws, but also before the bar of public opinion. The worst part here is that the “trial” conducted before media is even held ahead of the trial before the courts of justice.
Of course media people and denizens of the Internet have also some responsibility in this regard. They are exploiting the weaknesses of these publicity-hungry government officials and giving undue coverage to some spectacular events before proper charges are filed in court.
They are not aware or do not realize that this kind of media coverage may end up in a possible miscarriage of justice and violation of rights guaranteed by the Constitution to all persons.
Most notable in this connection is the ongoing excessive media attention and indiscriminate reporting of the personal and private affairs of a noontime TV program host with a fashion model and aspiring actress caught in the vortex of a “love triangle” involving an influential businessman with past records of violence. Apparently, the incident contains “juicy” details that could not simply be ignored by media people.
The problem however is that crimes punishable by our laws, particularly the Revised Penal Code may have been committed by the personalities involved. So the government as the representative of the “People of the Philippines” has to come into the picture. And this is where the danger now lies. It seems that officials tasked with investigating the case for the filing of the proper charges in court, particularly those in the Department of Justice (DOJ) and its investigating agency, the National Bureau of Investigation (NBI) cannot just resist the lure of the limelight as they go about in their investigation.
Actually, the NBI just took over from the Philippine National Police (PNP) because of the apparent “lapses” committed by the latter, showing its apparent bias in favor of the influential businessman and his girlfriend-fashion model. And as the country’s top investigating agency, people expected the NBI to conduct its probe in more professional manner than the PNP. Like a good sleuth, it should quietly and covertly build up an air tight case that will withstand the test of proof beyond reasonable doubt and then only come out publicly upon filing of the proper charges in court.
In this celebrated case however, the NBI is doing exactly the opposite. It is coming out almost daily with its piece meal findings and announcing to the media its own conclusions as to the culpability or non-culpability of the protagonists. It is regularly informing the press about the progress of its investigation and how strong are the evidence gathered for or against either party involved in the incident who has filed charges and counter-charges against each other. In short, a trial by publicity is actually being conducted by the NBI with the full backing of the DOJ Secretary and the “wholehearted” cooperation of the mass/social media.
And this is not the first time that this kind of trial has happened under the Aquino regime. It also happened when the pork barrel (PDAF) scandal involving Janet Lim Napoles and some legislators was discovered and exposed. The DOJ and the NBI also conducted its probe particularly of the various whistle blowers under full coverage of the press prior to endorsing its findings to the Office of the Ombudsman for preliminary investigation. Now and then the DOJ Secretary would also make some announcements on the matter especially when some Senators and Members of the House of Representatives belonging to the political opposition have been implicated. In fact up to now this “trial” is still going on as the some Senators implicated also launched their counter-offensive fully covered by the press to defend themselves from the charges aired against them.
Undoubtedly this trial by publicity that has become more rampant now seriously affects the proper administration of criminal justice in our country. When public opinion is already formed regarding the guilt of persons involved in crimes before they are charged in court, it is very probable that when the case reaches the court, the judge hearing it may already be influenced by such public opinion rather than by the evidence presented before him even if it is not “tainted with falsity.” This is in violation of Section 14 (1) Article III of the Constitution which provides that “No person shall be held to answer for a criminal offense without due process of law” (Nunez vs. Sandiganbayan 111SCRA, 433).
Besides under the same Section paragraph 2, “In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved”. This means that the burden rests on the prosecution to prove his guilt beyond reasonable doubt. But with the current publicity given to the mere gathering of evidence and the conclusions of guilt already aired by the investigating body before charges are filed in court, the burden would apparently be on the accused to prove his innocence.
In any case, whether a court finds an accused guilty or innocent, said decision may result in the miscarriage of justice because of such trial by publicity. We should therefore put an end to it.
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Email: attyjosesison@gmail.com
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