Ev­i­dence-based in­ves­ti­ga­tion

Sun.Star Cagayan de Oro - - Opinion -

an in­tel­li­gence as­set of the Philip­pine Army.

Man­sueto said they will in­clude the four in­di­vid­u­als tagged by NDF in their list to be in­vited for ques­tion­ing, in con­nec­tion to the Sa­gay in­ci­dent.

In the mean­time, the Philip­pine Na­tional Po­lice filed mul­ti­ple mur­der charges against sus­pects, Rene Man­lan­git and Ro­ge­lio Arquillo, who are or­ga­niz­ers of the Na­tional Fed­er­a­tion of Sugar Work­ers, and seven John Does.

Fer­nan­dez claimed that its ac­cu­sa­tions are based on “ex­haus­tive in­ves­ti­ga­tions” of the NPA Rose­lyn Pelle Com­mand.

Re­ally? Did it in­clude ad­mis­si­bil­ity of hearsay, authen­ti­ca­tion, rel­e­vance, priv­i­lege, wit­nesses, opin­ions, ex­pert tes­ti­mony, iden­ti­fi­ca­tion and rules of phys­i­cal ev­i­dence? Can their stan­dards of ev­i­dence meet the le­gal bur­den of proof in a given sit­u­a­tion?

Per­haps Fer­nan­dez for­got the hor­rors Kam­pa­nyang Ahos in Min­danao; Op­er­a­tion Miss­ing Link in the South­ern Ta­ga­log re­gion; and Olympia in the Na­tional Cap­i­tal Re­gion.

“The Ahos cam­paign per­pe­trated griev­ous vi­o­la­tions of the in­di­vid­ual rights of the sus­pects, the stan­dards of due process and the rules of sci­en­tific ex­am­i­na­tion and weigh­ing of ev­i­dence. The cases were for­mu­lated, in­ves­ti­gated, judged and con­cluded through meth­ods and pro­cesses that were ex­tremely sub­jec­tivist, hap­haz­ard, ar­bi­trary and de­fec­tive,” CPP’s cen­tral com­mit­tee noted.

Ju­di­cial rules of ev­i­dence are af­ter all not forestry tri­an­gu­la­tion where the test of truth is less rig­or­ous. The NPA and the PNP’s should lead from rea­son­able sus­pi­cion to pre­pon­der­ance of the ev­i­dence, clear and con­vinc­ing ev­i­dence, or be­yond a rea­son­able doubt pre­sented in an ev­i­dence-based court of law.

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