Cong Corrales WHAT does the phrase “beyond reasonable doubt” mean? How does an officer of the court achieve a verdict beyond reasonable doubt? How important is due process in a democratic society such as the Philippines? I asked these questions to a couple of lawyers whose numbers are in my phonebook over the weekend in light of what looks like the beginning of extrajudicial killings across the country inspired by our cussing President-elect. Yes, that no-nonsense, whistling-horny mammal from Davao City. I asked lawyers regardless of their political affiliation. I was curious to know if lawyers in Cagayan de Oro have also been so enamored by every pronouncements from our President-elect’s cussing mouth. I wanted to know if the President-elect’s popularity and his stand on due process have affected them, Only three lawyers responded. To be technical about it, another one replied albeit through his spokesperson saying he finds texting his reply tiring and would want a proper interview instead. Unfortunately, I don’t have his number on my phonebook. Next time na lang imong input on the matter, mayor. I’m sure your answers would be enlightening. My bad. Hehehe. Anyway, without further ado, here are the answers of the three lawyers who did answer my questions. First, I thought of “storifying” their answers but with the recent pr*ck-waving on social media borne out of the alleged “misquoting” and answers taken “out of context,” I’ve decided to publish their answers verbatim. Councilor Ramon Tabor answered: “Beyond reasonal doubt means that your evidences presented to the court leave no iota of doubt for the judge to rule in your favor. If there exists a doubt, acquittal is the verdict based on the presumption of innocense guaranteed in the Constitution. “This is only in criminal cases requiring such burden of proof. “Due process is the very basic foundation of a democratic society where we adhere the rule of law, without such trial and hearing before any tribunal is useless.” Lawyer James “John Lloyd” Judith answered: “It is when nothing is left to doubt about a case... and not just any doubt but a reasonable one. We exhaust all and go through a process required by law to a person’s guilt or innocence. “It is not just important but an indispensable tool in determining the truth. We lawyers can’t do without it. Otherwise, we become no longer disciples of law but mere declaimers or orators.” As for 2nd District Rep. Rufus Rodriguez, he called in his answer to the same questions. Here’s the salient points on what he told me over the weekend:
  • Proof beyond reasonal doubt is the highest degree of proof and it is required in criminal cases. Sa civil cases kinahanglan og preponderance, sa administrative cases ang need is substantial proof.
  • Due process means only fair play. The accused should get a notice and hearing for the crime he or she is accused.
It’s all too clear in the three answers that in a supposed democratic country such as ours, due process is primordial. We have to assert this basic right, to face our accusers in a court of law and not some medieval witchhunt happening ironically in this supposed “information age.” Otherwise, we will see a sharp decline in our country’s population. We need it if only to survive the next six years.