Congratulating the defense for 'fishing expedition' portrayal
Congratulating the defense for
'fishing expedition' portrayal
Congratulations to the defense team of Chief Justice Renato C. Corona for a good portrayal of “fishing expedition” story.
MANY BELIEVED IN IT.
It is not about whether the Impeachment Court believes in it. It is more about whether the people do because it is the people who will eventually dictate the conscience of the senator-jurors.
Since Day 1, the defense repeated the argument that the prosecution has no evidence and is only venturing into a fishing expedition.
The repetition of the story line caused many, in fact millions, to believe and pity the respondent.
Is the “fishing expedition” story correct?
I beg, it is "no."
In criminal law, it takes a mere probable cause that a person committed a crime, even a light felony, to have a valid search of everything within the premises controlled by that man and this search can never be considered a fishing expedition.
In the case of the ongoing impeachment case, only a probable cause of the commission of the offense being charged (betrayal of public trust) is enough to warrant the search of all bank accounts because the wrong that has probable cause to have been committed is betrayal by means not disclosing the true worth of the total assets. As such, IT IS NEVER A FISHING EXPEDITION. IT IS NEVER A VIOLATION OF ANY RIGHT IN THE BILL OF RIGHTS.
In the instant impeachment case, there is in fact a great probable cause that the offense charged was committed by the respondent so that there is no fishing expedition if the Senate Impeachment Court issues subpoenas to the known banks where the respondent has accounts.
The same act of non-disclosure also constitutes a crime of perjury. The big disparity between the total incomes declared in the tax returns and the SALN is enough to say there is probable cause of the commission of the crime of perjury, thus authorizing a dig into all confines within the control of the person being considered.