Thursday, July 28, 2005

Garci, Garci Where Are Thee?

In law, there is such thing as proof beyond concrete or material evidence and these is called circumstantial evidence. It is a sort of evidence where the truth can be fairly determined through the happening or not happening of certain conditions and incidents and though it is not as strong as direct evidences like fingerprints and testimonies, circumstantial evidence often consolidates the courts hold of the truth of the matter.

The weakest of all these sort of evidence is the "alibi" where usually a defendant would aver that he or she is in some other place while the crime or wrongdoing was being committed. Because it is often used in many criminal cases, it is somehow the least considered by the court. Did you know that the way you act or behave in a courtroom, while being interrogated or while giving testimony, is one way of knowing if one is guilty or not guilty, or telling the truth or not telling truth? It is called “the demeanors” of the witness on the stand. Judges often observe the actions and behaviors of witnesses and even of some other persons in the court, like the suspect himself or the counsels present there. While the written court decisions would not reflect that a judge had noted some “demeanors” of the witness or the suspect, we could be certain that often, the judge had penned and decided upon the case while depending on his/her observation of the “demeanors” of those present in court.

The strongest I think among this sort of evidence (circumstantial) is the so-called “plight” of the one most probable to have committed the crime or wrongdoing. When a suspect flees even before any search warrant is issued, you can be rest assured that 90 percent of the time, he would be guilty. More so if one is already out on bail. If while on bail, one flees, then for certain the judge would decide the case against thee. You can bet on that.

Now comes to my mind the alleged disappearance of ex-Comelec Commissioner Virgilio Garcilliano, where by recent reports which I have gathered from the radio, was to have been seen in the Changi Airport of Singapore upon a connecting flight to London. As you know, NBI agents have been tasked to issue summons to the beleaguered commissioner in order for him to appear in a legislative inquiry.

But Garci is nowhere to be found. He is close to being termed as one who is in “plight” from the hands of justice. And remember, plight is often an admission of guilt.


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