Centerlaw : FFFJ Counsel grossly misunderstands SC Resolution on First In First Out


PRESS STATEMENT
Reference: Professor Harry L. Roque, Jr. 09175398096

Centerlaw: FFFJ Counsel Atty. Prima Jesusa Quinsayas is Guilty of Professional Negligence for her Failure to Comprehend the “First-In-First-Out Rule” issued by the Supreme Court in the Ampatuan Case

We at the Center for International Law (Centerlaw) express our grave alarm at the failure of certain Private Prosecutors in the Maguindanao Massacre to comprehend a Supreme Court Resolution which aims to speed up the trial of the multiple murder cases.

We refer specifically to what we have called by shorthand as the “First-in-First-Our Rule” (FIFO) approved by the High Court for the Maguindanao Massacre trial.

For the record, it was Centerlaw through the Roque & Butuyan Law Offices that first proposed FIFO. Simply, under FIFO, the court may already render judgment on the case of any accused over whom all evidence – for and against – has already been heard.

The rationale is that the families of victims and the accused do not have to wait for the evidence concerning 194 Accused to be heard by the court to achieve justice, which could take a long, long, long time.

This is the fair rule respecting due process for both the families of the victim and the Accused.

Thus in the Motion for the adoption by the trial court of the First-in-First Our Rule we filed on December 5, 2011 with the Regional Trial Court Branch 221 trying the multiple murder cases, we said in part:

2. The extraordinary difficult nature of this case behooves this Honorable Court to consider the wisdom of providing closure to the proceedings with respect to some accused.

3. As to some accused against whom the Prosecution has already completed presenting its evidence in chief, after the Prosecution’s filling of its formal offer of evidence with respect to these accused, there is consequently a need to direct the corresponding defense counsels to present their defense evidence.

4. There is nothing in the Rules that prohibits this Honorable Court from so moving; but there is every reason, in the name of procedural and substantive due process for both the Accused and the heirs of the victims of the Maguindanao massacre, to finish
as soon as possible.

5. It goes against every sense of reason and justice to keep everyone in this case waiting until evidence has been presented for and against all 196 Accused, before the court resolves all the cases.

At the time we filed the Motion, we said that of the 196 Accused , only 93 have been arrested. Of those arrested, only 64 had been arraigned. Meanwhile 70 witnesses have been heard in the last two years of the trial as to the 64 Accused.

We noted in the Motion that under the ordinary rules of Philippine criminal procedure, the rule is that an Accused is entitled to confront and cross-examine all his Accusers in court.

This would mean that there will be a constant recall to the witness stand of all witnesses already presented each time there is a newly-arrested and newly-arraigned Accused. Assuming that each of the 103 unarrested Accused claims the right to cross-examine their Accusers one by one, by this measure, it would take a new series of cross-examinations at least 200 years to complete.

We said that none of the international tribunals of contemporary times – even those for cases of mass slaughter where the victims number by the hundreds, if not by the thousands – has resorted to wholesale prosecution of suspects.

“Ultimately, such an approach works against the interests of justice, because of the protracted litigation it entails that could take years and years and years and years and years and years and years and years and years and years and years and years and years and years and years to wrap up,” we said in the 8-page motion.

For the record, other than by lawyers of the Center for International Law, the Motion proposing the FIFO rule was also signed by the Deputy Regional Prosecutor Peter L. Medalle, Senior State Assistant State Prosecutor Ma. Emilia L. Victorio, and Assistant State Prosecutor Susan Villanueva.

Atty. Nena Santos and Atty. Prima Quinsayas did not join the Motion.

The regional trial court hearing the case rejected the proposal, but the Supreme Court subsequently adopted our proposal by issuing a Resolution to institutionalize it and to direct the trial court to implement it.

In paragraphs (2) and (3) OF A.M, No.10-11-5-SC, the Supreme Court thus directed Branch 221 Presiding Judge Jocelyn Solis-Reyes

“…to hold, based on her discretion separate trials for the accused against whom the prosecution contemplates no further evidence and thereby order such accused to present their evidence and, accordingly, have the case submitted for decision with respect to them; provided, that this paragraph is without prejudice to the application of rules on demurrer to evidence or other modes of terminating a case in advance of a full trial.

…to issue, when appropriate, separate decisions or resolutions for issues which are ripe for resolution in any of the 58 cases being heard without waiting for the completion of the presentation of the evidence for all the accused.”

The Resolution of the Supreme Court on FIFO is very clear. It so disturbing and bothersome that the counsel hired by the FFFJ Atty. Prima Quinsayas and Atty. Nena Santos for that matter fail to understand the same.

Atty. Quinsayas equates FIFO with any of the following: (1) the accused first on trial would be the one whose case would first be resolved (2) the Accused first to be arraigned to be the one whose case would first be resolved, and (3) first to file a Petition for Bail would be the one whose case would first be resolved

She said as much in two statements she signed and posted by the Center for Media Freedom and Responsibility on the latter’s Ampatuan Trial Watch blog.

The first statement, posted on August 4, 2014 entitled, “Private Prosecutor: resting in ‘evidence-in-chief’ does not reflect ‘first in, first out’ principle” said:

“…FFFJ legal counsel Prima Jesusa Quinsayas said that resting in ‘evidence-in-chief’ before the resolution of bail petitions in the Ampatuan (Maguindanao) Massacre trial does not reflect the ‘first in, first out’ system. Quinsayas pointed out that the list of the 28 accused for whom state prosecutors intend to rest their case in both the bail petitions and ‘evidence-in-chief’ does not show that they were among the first arrested, arraigned or the first to file a bail petition.” (emphasis supplied).

The second statement, quoting Atty. Quinsayas and posted on August 8, 2014, and entitled “FFFJ counsel: clarifications on points raised by Atty. Harry Roque,” said:

“My understanding of the concept is that the accused first put on trial would be the one whose case would first be resolved. But whether it’s First to be Arraigned, or First to File a Petition for Bail, the list does not reflect any of those. Thus based on the list of the 28 accused, his reason for supporting the partial resting in evidence-in-chief does not hold.”

Obviously, Atty. Quinsayas totally misread what the Supreme Court said because in this second statement, she also says that “as for the guidelines issued by the Supreme Court for the criminal proceedings of the massacre, the ‘First In First Out’ as a term does not appear in the said guidelines. Instead, the guidelines allow separate trials for the accused if so decided by the trial judge based on her discretion.”

Exactly. First-in-First-Out:

“…to hold, based on her discretion separate trials for the accused against whom the prosecution contemplates no further evidence and thereby order such accused to present their evidence and, accordingly, have the case submitted for decision with respect to them; provided, that this paragraph is without prejudice to the application of rules on demurrer to evidence or other modes of terminating a case in advance of a full trial.

…to issue, when appropriate, separate decisions or resolutions for issues which are ripe for resolution in any of the 58 cases being heard without waiting for the completion of the presentation of the evidence for all the accused.”[emphasis supplied]

Essentially, the High Court approved our proposal as contained in our Motion asking the trial court to adopt the First-in-First Out Rule in the trial of the cases.

It is highly disturbing to us that Attorneys Santos and Quinsayas have seriously jeopardized the prosecution of the case by their professionally negligent blunder.
In their gross error they have likewise arrogantly issued public statements that questioned without any basis the integrity of the work of the panel of public prosecutors and their fellow private prosecutors.

We call on organizations constituting the Freedom Fund for Filipino Journalists (FFFJ) to re-examine the professional competence of Atty. Quinsayas. We even invite these organizations to refer the interpretation of Atty. Quinsayas on the FIFO rule to their respective independent counsels for objective evaluation purposes.

As we have shown, her pointed and unfounded attacks on the integrity of the work of the public prosecutors betray her uncomprehending incompetence. Unwittingly, she has not only placed in serious risk the case of the other victims being prosecuted by other private prosecutors, but also those of victims being supported by the FFFJ as an organization.

H. Harry L. Roque, Jr.
Joel Ruiz Butuyan
Romel Regalado Bagares
Gilbert T. Andres
Ethel C. Avisado
Geepee Aceron Gonzales

Please click here for a copy of the Motion for First in First Out filed December 5, 2011 and the Supreme Court Resolution dated December 10, 2013

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