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Failon camp calls obstruction of justice raps ‘baseless’


Ted Failon and his in-law Pamela Arteche attend a preliminary probe on an obstruction of justice case at the Quezon City Hall of Justice. Mark Merueñas
(Update) MANILA, Philippines – The camp of Teodoro “Ted" Failon on Tuesday branded as “baseless" a complaint filed by Quezon City policemen who claimed that the broadcaster “obstructed justice" when he failed to report the shooting of his wife. Lawyer Alfred Molo said an obstruction of justice charge could only apply to criminal acts, adding that investigators have yet to prove that foul play happened in the death of Trinidad Etong. Failon’s camp had claimed that Trinidad killed herself. The filing of this case has no basis when there is not yet any determination of a crime… Hindi puwedeng magkaroon ng obstruction of justice na walang krimen na nae-establish [There can never be an obstruction of justice when no crime was committed]," Molo said. Failon’s legal counsel – speaking to reporters at the Quezon City Hall of Justice – cited a Supreme Court ruling in 2007 dismissing an obstruction of justice case involving the non-reporting of a crime. Molo was at the Quezon City Hall of Justice, which houses the city prosecutor’s office, to submit the counter-affidavits of Failon and the broadcaster’s household before city prosecutor Mary Jean Pamittan at the Quezon City Hall of Justice. “Hindi naman crime ang hindi pagre-report ng crime na nangyari [Failing to report a crime does not constitute a crime]," Molo said, adding that suicide under the revised penal code is not classified as a criminal act. Aside from the non-reporting of a crime, police complainants – including three of the suspended police officials – said that Failon’s three house help and driver also obstructed justice when they cleaned up the bathroom where Trinidad was found and the vehicle used to rush her to the hospital. Pamittan scheduled another hearing for Friday, wherein the complainants are expected to submit a reply affidavit. The city prosecutor is also supposed to issue a resolution on the obstruction of justice case against Failon’s household on April 29. Molo said Pamittan is not required to issue a resolution for Failon on or before April 29 because the broadcaster – unlike his household – was not subjected under an inquest. Inquest rules provide that a prosecutor has to draw up a resolution within 15 days after a respondent faces inquest. Wearing a white bull cap and a black shirt, Failon arrived at the Quezon City Hall of Justice together with her sister-in-law Pamela Arteche and one of his housemaids. The preliminary investigation was marred by a power interruption shortly before 2 p.m. that lasted for more than an hour. Power was brought back minutes after Failon left the building. Among the police officers who showed up at the preliminary investigation were the police complainants including Superintendent Franklin Mabanag, head of the Criminal Investigation Detection Unit, his deputy Superintendent Gerardo Ratuita, and Senior Inspector Roberto Razon. - GMANews.TV
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