KAKAMPI MO ANG BATAS
By ATTY. BATAS MAURICIO
LIFE’S INSPIRATIONS: “… Be very careful, then, how you live—not as unwise but as wise, making the most of every opportunity, because the days are evil. Therefore do not be foolish, but understand what the Lord’s will is…” (Ephesians 5:15-17, the Holy Bible).
REGULATIONS WERE COMPLIED WITH IN THE CASE OF EX-GOV. REYES: With the deafening noise of discontent which greeted the release by the Court of Appeals of former Palawan Gov. Joel Reyes from incarceration after he was virtually acquitted of the crime of having killed former broadcaster Gerry Ortega, many cannot perhaps be faulted for thinking that some “legal miracle” took place in the proceedings.
However, it cannot be denied that, based on what is coming out now from media reports, there was evident compliance with the regulations imposed by law relative to decisions that are issued by courts which have more than one judge deciding any particular case. First, it was clear that there was prior deliberation on the case of Reyes before the justices assigned to rule on it came up with their decision.
Second, majority, or three of the five justices of the Court of Appeals who participated in the case were in favor of releasing Reyes. Third, the decision that led to his release was carefully based on existing laws. Fourth, there are still remedies that are available and could be availed of by those who oppose that release. In fine, we must respect the decision at the moment, until it is reversed!
OBLIGATIONS OF POLICEMEN UNDER R.A. 7438 (VIII): One of the more frequent tactics employed by policemen arresting suspects in a crime is requiring the arrested persons to sign a “waiver” of detention, allowing the police to detain them beyond the periods of incarceration required by Art. 125 of the Revised Penal Code.
According to Art. 125, persons arrested on account of a crime can be detained for 12 hours (for cases where the imprisonment is for minimum periods only), 18 hours (for cases where the penalty is not more than six years of imprisonment), and 36 hours (for cases where imprisonment is up to life imprisonment).
Under Section 2 (e) of Republic Act 7438, these kinds of waivers have no force and effect, and cannot be used by the police as basis for detaining anyone more than the periods allowed by Art. 125, if they were signed without the suspects being assisted by a lawyer of their own choice when they made the supposed waiver.
STORIES ABOUT GOD’S COMING TO EARTH, IN THE FORM OF MAN (III): One of the pronouncements made by God of His coming down to earth from heaven, in the form of man with flesh and blood, can be found in Isaiah 7 and 9 of the Bible. Under these chapters of the Book of Isaiah, the decision of God that He would be “conceived” and “given birth to” as a baby boy was expounded on.
God made this particular pronouncement as a way of giving assurance of His protection over His chosen people who believe in Him. We can see from this that God made an announcement of His coming down to earth in the form of man, so as to remove from them the fear that came upon them because of threats of their enemies to invade them.
God wanted His people to fiercely believe and have faith in Him, so He prophesied that He Himself will be the sign of man’s firm faith in Him---that those who will accept, receive, believe and have faith in Him would be able to gain victory over all the problems that would come to them in their lives.
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