10/14/14 LIES UNBELIED. The usual courses of action resorted to by lawyers in defense of a client charged with wrongdoing are: (1) to simply deny the charges, which may include assailing the credibility of the accuser and his evidence, (2) to present evidence which would show that he did nothing wrong, and/or (3) to file counter-charges, no matter how flimsy, usually for perjury on the ground that the accuser was lying. While the last recourse may be made through a separate action or complaint, which could be in another office, court or forum, the first two options have to be made in the same proceedings where the initial charges have been made, otherwise, the denials or exculpatory evidence would be inadmissible for being extrajudicial, that is, made out of court and not before the hearing or presiding officer. Except for the initial appearance of Junjun Binay, the Binays have not done any of the foregoing three options in response to the subsequent allegations against them in the on-going senate investigations. While they or their spokesmen have denied the allegations and presented evidence supposedly disproving these allegations, these were made outside the senate, hence, not in the same proceedings in which these should have been properly presented. And, they have not filed any countercharge against former Makati Mayor Mercado, et al., at least for perjury if indeed they claim that these witnesses have lied. In court proceedings and the law on evidence, unless a lie is apparent on its face, it is accepted as the truth if un-rebutted. Qui tacit consentire videtur.
Posted on: Tue, 14 Oct 2014 03:04:12 +0000
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