While it is true that the exercise of the Supreme Court is power of review and does not normally undertake the re-examination of the evidence presented by the contending parties during the trial of the case considering that the findings of facts of a lower Court such as the Court of Appeals and in this case, the Sandiganbayan, are conclusive and binding on the Court, there are several exceptions to this rule. In the case of “The Insular Life Assurance Company, Ltd. vs. Court of Appeals and Sun Brothers & Company” (G.R. 126850), the Supreme Court said:
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“It is a settled rule that in the exercise of the Supreme Court’s power of review, the Court is not a trier of facts and does not normally undertake the re-examination of the evidence presented by the contending parties during the trial of the case considering that the findings of facts of the CA are conclusive and binding on the Court. However, the Court had recognized several exceptions to this rule, to wit: (1) when the findings are grounded entirely on speculation, surmises or conjectures; (2) when the inference made is manifestly mistaken, absurd or impossible; (3) when there is grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of facts are conflicting; (6) when in making its findings the Court of Appeals went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee; (7) when the findings are contrary to the trial court; (8) when the findings are conclusions without citation of specific evidence on which they are based; (9) when the facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by the respondent; (10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; and (11) when the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion.”
De Lima seems to be either oblivious to the exceptions or is merely all too willing to be blind just to maintain her benefactor’s trophy of having GMA remain in detention. In the case for GMA, even if the Sandiganbayan has denied GMA’s demurrer to evidence, it looks like at least exceptions (1) and (3) are applicable (perhaps even more as we await for the full text of the ruling). I believe GMA’s counsel, Atty. Estelito Mendoza, has argued GMA’s case very well. He was able to argue that GMA never directly acquired any money from the confidential intelligence funds as alleged by GMA’s accusers and that she should not be convicted merely just for the reason of being President during the time when the supposed crime happened. Atty. Mendoza said:
“In all my years as a defense lawyer, a prosecution lawyer, a solicitor general for 14 years, I have never seen a case like this when an accused is being detained without any single evidence produced to establish that she committed the crime charged…
In fact, not a single exhibit in the 637 exhibits offered by the prosecution or a single testimony of the 21 witnesses prove that she amassed, accumulated or acquired even a single peso of the P365-million CIF (confidential intelligence funds) alleged in the information.”
He also said that the Supreme Court should correct the Sandiganbayan’s grave abuse of discretion and not allow the conviction of GMA based on just one fact – that she was the president of the Philippines from the period January 2008 to June 2010. I agree with Atty. Mendoza and I also join Atty. Ferdinand Topacio in his statement against the vindictive and inept administration of Noynoy. Atty. Topacio said of the Supreme Court ruling that:
“Its ruling today has validated what we have been saying for six years now: that the charges against former President Gloria Macapagal-Arroyo are nothing more than disingenuous attempts at political persecution by a corrupt and inept Aquino Administration intent on covering up its gross lack of accomplishments by harassing its political opponents”.
Kudos to the Supreme Court of the Philippines! I believe the Supreme Court, in this case, has effectively redeemed itself from the dark cloud of judicial activism it has shown in a previous divisive case. Now as for Sen. Leila De Lima, I really hope that one day she will realize that her role now is to craft meaningful laws for the benefit of the people and not an attack dog or bootlicker of a heartless and incompetent former President anymore. Either that or I hope she would shut up about her pretentions and perhaps just sing to the criminals she seems to give more importance to.
(Picture taken from The Pinoy Big Blogger)
Calling a spade, a spade…
Leila’s Dilemma: “Should I talk or should I sing?”
Thanks Hector. A while back I was wondering if the LeLe (Leila & Leni) girls had any other talent. Looks like they can live up to their hyped up entertainment value after all.
Can we get them to do some acro and tumbling into splits? That would be great to see in the new show: Trapos got talent!
Sooner or later, the fat lady’s gonna have to sing about Noynoy’s real motive for detaining Arroyo, even without much of a case, and the real reason why the drugs situation did not improve under her tenures in DOJ and CHR.
Okay, De Lima forced herself to sing ! The legal opinions of the attorneys, make sense: ” you cannot detain a person, without concrete evidence…”
The Supreme Court has ruled. We have to abide by their decision, if we still believe in our courts, and justice system…
On the other hand, De Lima might be practicing, to “sing like a canary”, on the reasons; she turned the Bilibid Prison into a Shabu Mfg. Company. We need to listen to her singing on the proliferation of Shabu Drug Traffickers and Shabu Drug Lords in the country.
“Kung liligaya ka, sa piling nga iba
At kung ang langit mo, ay ang pag-ibig niya,
Tututol ba ako; kung kagustuhan mo,
Sapat na ang minsan, minahal mo ako ”
Her “Bakit” rendition of Imelda Papin’s song. She thinks, she gave her best in the song.
Did her Driver Lover, abandoned her ? Because
“Sugar Mommy” can no longer give him happiness?
I don’t know, if I have to cover my ear; cover my eyes; Laugh Out Loud (LOL); or run away; while, she sings !
Arroyo is guilty. No doubt about it together with her clans. The corrupt, inutile judges were bribed. Wag na kayong nagtangatangahan dyan sa pinas. Justice wasn’t properly serve. Babagsakan na kayo ng mga beho ng Atomic Bomb, isip isip mga kababayan!!!
Son, you’re a FAGET. No doubt it together with your fellow Yellow Fagets. Aside from your insane claims, that means na nagtatangahan ka din. Selective justice is NOT true justice.
So mag isip-isip din dahil puro EMOSYON lang ang laman ng utak mo!!
ULOL!!! Cut the drama. Puro kayo tanga diyan kaya ganyan ang pinas. Kung di dahil kay duterte, wala na talaga pinas. A Dysfunctional and hopeless society. Full of Shit and pride. Kaya karamihan nakakarma.
Riiiight and you expect us to believe a noytard stragglerlike YOU?
Wake up and smell the roses, your yellow cause has effectively failed to convince the people of the philippines for the past 6 years.
The thing is, your precious ex-president is to be blamed for all the past troubles, especially our present problem with china which HE started in the first place.
Also, your ex-president’s trophy prisoner has already been proven innocent, no need to be that salty.
DEAL.WITH.IT
Meh, you’re missing the point. You’re full of shit since you’re just EMO over an ex-president. You’re more of a drama queen just like any angry mobster in existence.
You’re delusional. The ones who are actually guilty are people who love to detain someone based on hearsay.
Butthurt fam is butthurt.
Trying to sound desperately clever with your meaningless semantics.
Guilty? Your precious ex president had 6 whole years to prove her guilt.
Too bad for you, all the efforts of the yellows got effectively destroyed because of lack of evidence.
Wag ka na umapela, dismissed na due to lack of evidence.
The case was weak to begin with anyway.
@ DERP, the fact that it did not happen should tell you something, but it flies right over your head,doesn’t it? GMA is still a thief, just like E-RAP, Aquino,Binay and every other politician in the country. BUT A DERP-IOT like you and Ilda and Benigno can’t figure it out.
Zaxx is the only one at GRP with a brain that functions.
Can’t figure it out? Or maybe they’re just not as EMO as you are. Or maybe you’re too dumb to realize it.
Nothing was even proven so how can you even say she was a thief, GERRY?
Helicopters,ZTE, Fertilizer scams, she stole everything she could get her hands on and got away with it with just a public shaming. Never lost her congressional seat, returned no money and was NEVER in jail or a hospital. I’ll bet there are no screws in her neck either.There is no justice in the Phailippines, NONE !!! Just idiots shaming each other to make it ‘LOOK’ like a persecution, but it nothing of the sort. A few headlines does not equal a justice served.
Forget being on a politicians side, WHEN seen correctly:They are all thieves, members of the biggest criminal syndicate in SE ASIA.
When someone went full retard, the loser then uses someone’s name for cheap hostility. Your tears are very tasty democrazy warfreak. Admit it idiot aquino follower you’re just like this kid.
https://www.youtube.com/watch?v=hXgINOp4yQQ
What you’re still crying because you can’t accept defeat? What will you do assassinate all of us? Come on get me!
Geez, GERRY, you didn’t have to borrow my name but well you did went FULL retard in doing so, jokes on you.
You think you don’t need evidence to prove gloria stole?
That’s also like saying you support extra judicial killings because you are essentially saying that anyone can be killed regardless of whether they are innocent or guilty with or without evidence
well if you really are adamant in keeping her in prison then why don’t you yourself be the one to find the evidence that will put her to jail.. unless of course you don’t have one and you are just running your mouth without fully comprehending the situation.. please you just don’t say stuff and not defend it and if you do, you just bash the other person.. well, that is not how you argue on things..
YellowTard Justice: it is either “our way, or no way”…courts and judges, do not matter. If you are a political enemy: you are guilty; unless , you can prove yourself to be innocent. Not,” innocent”, unless, they can prove you to be guilty…If you are a political cahoot: “not guilty” on all counts. Even, if all evidences show: you are as guilty, as hell… Selective Justice is the justice of: Aquino, Mar Roxas, De Lima, the Liberal Party, the YellowTards, and their cahoots…they are the Law. They are above the Law !
What do you expect from an election lawyer like Leila De Limaw? It is obvious that her expertise (if any) does not fall on criminal law or non-electoral cases. She was just a pretender trying to be somebody whom she is not, if not for her Bald benefactor she would have been a non-entity after her failed stint as CHR Administrator. Her role in the senate is a nuisance that will obstruct Pres. Duterte’s plan for change. Perhaps instead of “Bakit” she would have belted “Bakit ako mahihiya?”.
When things are like hunky dory, every enemy comes in the name of friend, but when things are twisted like turmoil, every friendly enemy shows you their colour.
To all my kababayans, Take a really close look at yourselves in the mirror. Every one of you are held accountable for the stupidity and dysfunctional society of the pinas. Pinabayaan ninyo kaya na Bastos ang pinas and you all wonder why the philippines is the way it is.
Nah it’s failipinos like YOU who let this country become a shithole onjly because you praise a bald “god” who actually did nothing at all. Look who should look in the mirror now fake patriot whose real flag is the yellow ribbon!
Domo, I don’t even live in the philippines anymore. I’m not a Yellow minion. Idiots like you who is always living in denial is the primary reason the philippines is a major cesspool.
>pahiwatig na nagsimula ang problema kay Arroyo at maganda at perpekto ang pagkaka-implementa ng 1987 constiution at kahit pa nung 1942.
And that is the problem: you don’t live in the Philippines anymore and yet you fail to see the bigger picture. Of course, you’re always fixated on GMA and nothing else.
If someone who should look in the mirror, son…. then it’s you. And your lack of intelligence is showing it.
Bitcching like a member of the democrazy warfreaks. What’s the matter fake patriot? Did arroyo kill your precious dog that you just bitch like a drama queen?
pero d ba inamin din din Arroyo noon na nandaya sya sa eleksyon? what about the hello garci scandal? and yung “i am sorry” speech nya before?
Nagusap lang sila ng commissioner. Meron bang illegal sa ginawa niya?
Napatunayan ba? Hindi ba na dismiss rin yun?
Just because she talked to Garci means just that. What else?
That also fails the
so what question