By Ade S. Fajardo
In a decision rendered in late November, the Supreme Court en banc, writing through Associate Justice Samuel Gaerlan, declared that accused persons who refuse to surrender and submit to the court’s jurisdiction should not be entitled to legal remedies.
This is called the “fugitive disentitlement doctrine.” A person accused of a crime may not win his legal battle with only his lawyer appearing for him.
According to the court, it is time to apply this rule to those who commit or are suspected of committing crimes and then flee the Philippines and seek succor abroad. This rule strengthens the justice system and protects due process rights. Even the state is entitled to due process.
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From now on, these guidelines are clear:
After finding probable cause, the court shall issue a warrant of arrest, which includes an e-warrant. It has to be implemented within 10 calendar days from its receipt by the executing officer.
The executing officer must so state in his return if there is a failure to execute the warrant of arrest because the accused is outside the Philippine jurisdiction. In which case the court may, declare the accused a “fugitive from justice.”
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The accused then loses his standing in court. He can no longer participate in the proceedings. He cannot seek any judicial relief. The only way he can restore his legal standing is through voluntary surrender.
An unserved warrant of arrest because the accused is outside the Philippine jurisdiction will remain outstanding until it is finally implemented.
The criminal case will be archived if the accused remains at large for six months from the date of the issuance of the warrant of arrest or creation of the e-warrant. The case will be revived upon successful implementation of the warrant of arrest or upon notice to the court that the person subject of the warrant of arrest has been arrested or committed under a different warrant.
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Not long after the Supreme Court issued the above guidelines, the Sandiganbayan declared former House appropriations panel chairperson and Ako Bicol Party-list Representative Zaldy Co as a “fugitive from justice” and ordered the cancellation of his Philippine passport by the Department of Foreign Affairs.
Zaldy Co chose not to participate in the preliminary investigation conducted by the Ombudsman. He has now and then issued statements online but has shunned any local court appearance.
The anti-graft court noted a pattern of behavior that reveals an intent to evade prosecution.
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The passports of Aderma Angelie Alcazar, Cesar Buenaventura and Noel Cao were also canceled.
They are the Directors of Sunwest Inc., which is the contractor of P289 million road dike project in Oriental Mindoro. This project is alleged to be substandard.
The Sandiganbayan issued the order against them for the same reason. There is manifest intent to evade criminal charges pending against them. Given those guidelines, chances are nil that they can secure relief from the judiciary unless they surrender their persons./WDJ