Tuesday, November 25, 2014

ARTICLE 1:

So it’s still going…


I’m talking about the whole Bong Revilla case; and as both the

defense and prosecution make their defense, here’s the thing—if the

case against the Senator is as airtight as they claim it to be, then why

can’t they seem to prove it without reasonable doubt?

Did this whole country just get swayed by public opinion? Did our

justice system fail its constituents by allowing themselves to get

swayed by the zeitgeist?

Perhaps there is no better case than this to show just how easily we

leave our objectivity at the door in the spirit of going with the flow.

Don’t get me wrong—I’m not for Bong Revilla, per se; it’s more

of—there might be more to this whole thing than meets the eye.

Especially since, despite assertions that this whole thing was a “done

deal”, all the prosecution was able to present are suppositions,

conjectures and hearsay.

The yardstick used by the Supreme Court in determining whether

evidence of guilt is strong or not is very stringent—

“[b]y judicial discretion, the law mandates the determination of

whether proof is evident or the presumption of guilt is strong. ‘Proof

evident’ or ‘Evident proof’ in this connection has been held to

mean clear, strong evidence which leads a well-guarded

dispassionate judgment to the conclusion that the offense has

been committed as charged, that accused is the guilty agent,

and that he will probably be punished capitally if the law is

administered. ‘Presumption great’ exists when the circumstances

testified to are such that the inference of guilt naturally to be

drawn therefrom is strong, clear, and convincing to an unbiased

judgment and excludes all reasonable probability of any other

conclusion.”

Following the law, being in jail for a capital offense requires nothing

less than strong evidence of guilt—where the guilt is determined

beyond reasonable doubt. So a person, as in the case of Bong

Revilla, being in detention pending litigation is already an exception to

this rule.

All this is a roundabout way of saying that Revilla should be in jail IF

AND ONLY IF there is clear and strong evidence that:


  • Bong Revilla has been proven to have committed the crimes


and charged for it.


  • Bong Revilla’s guilt can naturally be drawn from a strong, clear


and convincing set of evidence that excludes the possibility of

any other conclusion.

None of which was determined or set during his bail hearing. To date,

the main arguments remain to be conjecture and have always led

people to various other conclusions. Yes, it was presented to allude

to his guilt, but often it also reminds the public that, wait—that might

possibly explain what really happened.


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