Not just about legalities

Ben Contreras

THE unfolding events are not just about legalities but also about politics. It’s not just about who is right and who is wrong. It is also about perception, and gaining public acceptance.

For those who aren’t lawyers, the whole show offers a glimpse into our laws in action. Depending on which side of the fence they are or on one’s political leaning, people tend to interpret and believe that which would favor their side. It has always been like that and will continue to be like that as long as we continue to show our immaturity politically.

For lawyers, seldom do they tell their clients that they don’t have a case or if ever, it’s not winnable. For many reasons, they would also side with those nearer to their hearts. And because it’s not just about legality but also politics, those who know the law very well would play with the very same law either to buy time or banking on the weakness and incompetence of the lawyers of the other side. Basin diay.

He never saw it coming. William Guialani to Oscar Moreno is just a “kuto” who couldn’t inflict serious harm. But Guialani did.

Moreno’s first defense was that he has nothing to do with the settlement with Ajinomoto or knew nothing about it. But documents from the Regional Trial Court of Misamis Oriental Branch 17 showed otherwise. The Joint Motion to Dismiss marked “Annex A,” The Settlement Agreement with Waiver, Release and Quitclaim marked “Annex B,” and the Letter of Confirmation marked “Annex C” all these point to the fact that Moreno knew all about it. He lied? Again, it depends on which side of the fence one belongs.

Moreno’s second defense was, “I was not accorded due process.” Moreno claims that he filed his counter-affidavit. He did. “Subscribed and sworn to before me this 20th day of April 2015 in the city of Cagayan de Oro. I hereby certify that I have read the contents of this counter affidavit to the Affiant and I am satisfied that he voluntarily executed and understood the same.” This was made before Llani Sacote Valconcha, Prosecutor 2, Office of the Prosecutor, Cagayan de Oro.

My informant told me that Banez filed his counter-affidavit in Davao, not at the Office of the Prosecutor. Would that explain why the Ombudsman has not received Moreno’s counter-affidavit?

From the Ombudsman decision: “Respondents were directed to file their counter-affidavits. Respondent Moreno did not comply in spite of his receipt of the Office’s Order on 10 April 2015 through Nina Rivera, as evidenced by Registry Return Receipt No. 05376.

“In his Counter Affidavit of 20 April 2015, respondent Banez avers that…” Indeed, Banez did file his counter affidavit with the Ombudsman.

In his counter-affidavit, Moreno claims: “I specifically recruited said Mr. Banez from the Office of the Treasurer, Quezon City…” Glenn personally told me that he was sent by Speaker Belmonte to help Moreno collect the right taxes from the businessmen. Hmmm.

“While I was not fully aware of the Settlement Agreement….” “Not fully aware” does not mean he is not aware.

“To my mind, there was in essence no compromise to speak off.” Judge this for yourself. “Settlement Agreement with Waiver, Release and Quitclaim.” If this does not sound heavy to you, then it could have been just “Settlement Agreement.” What are to be waived and to be released? What has been lost for quitclaim?

“Premises considered, I believe that I am not liable in any way for the abovementioned criminal and administrative charges for lack of knowledge of the signing of the Settlement Agreement.” In short, Moreno admits that if he has the knowledge, criminal and administrative charges are appropriate. But RA 7160 is for lawyers to ponder. Let the best mind win.

No knowledge of… well, let the documents speak for themselves. Bob Ocio says, “Tell that to the marines.”