No annexes, wrong date: Is Akbayan Youth’s complaint against Mocha Uson solid enough?

Akbayan Youth may have crafted a #FireMocha social media campaign that Liberal Party loyalists surely lapped up. But, is their administrative complaint seeking the dismissal of former sexy starlet Mocha Uson from the government solid enough to withstand the Ombudsman’s scrutiny?

Perhaps, few people outside the administration would defend Uson. But, try to look at things from a legal perspective.

For one, the 10-page complaint (click this link: Eala et al v Uson) filed on Monday—or at least the copies they showed—did not have a single annex, or piece of evidence.

Akbayan YouthAkbayan Youth, which is politically aligned with President Benigno Simeon Aquino III, chants: “How do you like your Mocha? Fired!” 

There was not even a single screenshot of the social media posts, although to be fair, these were (understandably) already taken down by Uson after being called out and mocked by people who were not rabid fanatics of President Duterte.

This would not be the first time a complainant would come with allegations while expecting the Ombudsman to fill in the blanks—but complaints rarely come there without any evidence or sworn affidavits.

Akbayan Youth explicitly claimed Uson’s social media slip-ups were “deliberate,” and most people outside the Diehard Duterte Supporters’ echo chamber would likely agree. However, in legal proceedings, respondents are always presumed “innocent until proven guilty” and the burden of proof is always on the accuser.

Continue reading “No annexes, wrong date: Is Akbayan Youth’s complaint against Mocha Uson solid enough?”

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[NEWS] (07/19/17) SAF 44 kin say Aquino is ‘proximate cause’ of Mamasapano deaths

SAF 44 kin tell Ombudsman: Aquino ‘proximate cause’ of Mamasapano deaths
Vince F. Nonato
@VinceNonatoINQ

 

Felicitas Nacino, mother of slain PO2 Nicky Nacino, breaks down as she urges Ombudsman Conchita Carpio Morales not to be “selective.” Photo: Vince F. Nonato.

“The SAF 44 were there due to the defective orders of a defective President, Respondent Aquino. He is thus the proximate cause [of their deaths].”

This was the argument of the relatives of the Special Action Forces commandos killed in the Jan. 25, 2015 Mamasapano clash, as they appealed the Ombudsman’s dismissal of the reckless imprudence complaint against former President Benigno Simeon Aquino III.

The bereaved relatives, together with the Volunteers Against Crime and Corruption, appealed on Wednesday the July 14 resolution, which approved Aquino’s indictment only for graft and usurpation of authority without directly holding him liable for the deaths.

Ombudsman Conchita Carpio Morales only found basis to charge Aquino for allowing his close friend, then-Philippine National Police Director-General Alan Purisima, to take the reins of the so-called Oplan Exodus, despite being suspended at the time pending a graft investigation.

In a 15-page motion for reconsideration, the complainants insisted there was probable cause to pursue charges for 44 counts of reckless imprudence resulting in homicide, which could carry a penalty totaling 176 years’ imprisonment.

The complainants disagreed with the Ombudsman’s finding that the “proximate legal cause” of the SAF’s deaths was the “intentional act of shooting by hostile forces.”

It explained that “proximate cause” refers to the first act that set off a chain of events that eventually resulted in the deaths.

“Who put the SAF 44 in the line of fire that made them easy targets for the guns of the hostile forces? Definitely not the MILF, the BIFF and the PAGs,” the appeal stated.

Continue reading “[NEWS] (07/19/17) SAF 44 kin say Aquino is ‘proximate cause’ of Mamasapano deaths”