ROXANNES PERJURY CASE realcedric.wordpress/ I’m commenting on Atty. Mallonga’s VERIFIED MOTION FOR PARTIAL RECONSIDERATION seeking to revive the case of perjury filed against Roxanne Cabanero. You need to read the Motion itself to save me from the need to repeat what is there and to appreciate the logical acrobatics involved. In the crime of perjury the statement which is the subject of a perjury case should be a material matter to the “subject of the inquiry, or any circumstances which tends to prove the fact, or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of the inquiry, or which legitimately affects the credit of any witness who testified.” I hope you’re not at a loss at the tedious way the law is stated. In simple terms, the law says that you have committed perjury if the statement under oath you made is material to proving the case you filed against the accused. In denying there was probable cause of perjury against Roxanne the prosecutor reasoned out that the wrong date of April 24, 2010 when Roxanne alleged Vhong Navarro raped her was not material to proving her allegation of rape. Therefore, although the date was exposed as a wrong date when rape was possibly committed, the prosecutor did not consider it as a basis for raising a probable cause of perjury committed by Roxanne. In filing the Motion for Partial Reconsideration, Atty. Mallonga alleges otherwise. She says that the date cited by Roxanne is in fact material to the case and therefore, she should be charged of perjury. To support that contention, the Vhong Navarro camp through counsel cited several landmark cases when the court had in fact considered the date contained in the complainant’s allegation as material to the rape case. I’ll just refer to the People v. Ladrillo case as the representative case for all the cases cited by the VN camp since they reflect the same decision. In the Ladrillo case, the SC acquitted the accused on the basis of the complainant’s contention that the accused raped her “on or about the year 1992” in Abanico, Puerto Princesa City. The court, however, found out that the accused had never been to Abanico, Puerto Princesa City at any time in 1992. Therefore, he could have not raped the complainant as alleged. The court considered in the date as material to the case. Drawing from the parallelism, the VN camp now is saying that the April 24, 2010 date is material to the case of rape filed by Roxanne against Vhong in the sense that through that date and Vhong’s successful defense of alibi, the claim by Roxanne that she was raped was debunked. The parallelism with the Ladrillo case is accurate. The question is – is this the kind of materiality the law on perjury contemplates that if falsely alleged under oath by the complainant will bring about perjury? I don’t think so. The materiality should be with respect to PROVING THE ACCUSATION and NOT helping the defense parry the accusation. In the Ladrillo case the date cited by the complainant as the alleged date when the rape occurred was considered material not because the date proved the rape but because the date alleged helped the accused defend himself against the accusation. This is the same situation in the case of rape filed by Roxanne against Vhong. Although material to Vhong’s defese of alibi, the date of April 24, 2010 has never been material to Roxanne’s case against Vhong. To illustrate, consider this hypothetical scenario. Suppose that on April 24, 2010, Vhong went incognito to a certain place so that no one can testify now that he was indeed in that place on that date. Will the date of April 24, 2010 now cited by Roxanne as the date when she was raped have any probative value and is therefore, material to the case? How? It’s just a date, nothing else. It has no value and therefore, no materiality to support Roxanne’s allegation that Vhong raped her. Instead of complaining that Roxanne committed perjury, Vhong should thank her for giving an inaccurate date. Common sense dictates that. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ About REAL CEDRIC: realcedric.wordpress/about/
Posted on: Fri, 24 Oct 2014 11:16:53 +0000
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