S1L22 – Basic Criminal Law concepts, feat. Mr. Juan Dimacaawat
Mr. Juan Dimacaawat, stand up please…”
“Yes, sir!”
Something I always admired about this particular law student of mine is he never comes to class with tons of books or notebooks in his arms. The most he would have with him are 3 or 4 sheets of yellow pad paper that he folds into quarters and sticks in his backpocket. And when he is reciting he speaks with a loud voice but at a very slow pace. This is one man I know who will make mistakes in life very slowly.
“ ‘People of the Philippines, plaintiffs versus Juan Dimacaawat, accused, for homicide’ is the title of a case. Will you tell your classmates what is the significance of that?”
Juan Dimacaawat swallowed hard and took a deep breath, as though he is going to attempt to answer the question in one breath.
“Sir, it’s a criminal case where I am being prosecuted for intentionally killing somebody whose name I don’t know.”
“Let’s say his name is Jack Makataruz,” I said.
“Present, sir!”
“No, no, no—I did not call you to recite, Mr. Makataruz. I just killed you. Sit down. Back to you, Mr. Dimacaawat. If your victim is already dead, he cannot possibly sign a complaint. Then who is the offended party or parties pushing the prosecution of this homicide case?”
“I have to name them, sir?”
“Try,” I said.
“Uh…Mr. and Mrs. Biktima Makataruz, Francisca Makataruz, Jovencio Makataruz, Mr. and Mrs. Naulaw Dimacaawat, Atty. Joel Rodriguez Dizon…” I wasn’t going to stop him but when he included my name the whole class gasped. I knew some explanation was in order.
“Wait, Mr Dimacaawat. Who are these people? And why do you say they are the ones pushing for the prosecution. Explain it slowly.”
“Sir, they are the parents of the victim, sister of the victim, brother of the victim, my parents, my law professor…” Juan Dimacaawat recited, looking up at the ceiling as if the answer was written there.
“Why are you lumping all of us together, what is your basis?” I demanded to hear from this cocky law student.
“Sir, ALL of you are particles in that mass of persons called ‘People of the Philippines’ who are the true plaintiffs in every criminal case. A homicide victim is no longer capable of being offended. So as his killer, the ones I offended are all the members of the peaceful community to which he belonged. In other words the offended party in a criminal case is the State.”
“Which explains what, Mr. Dimacaawat?”
“Which explains why all persons who will help the prosecutor prove the case are called ‘State’s witnesses’ sir.”
“Stop glancing at Miss Deema Niwala beside you there at the end of every sentence,” I chided him when I noticed him grandstanding to his pretty classmate. “I’m not yet done with my questions. If the offended party is the State, what does that make of you, the accused?”
“Sir, as the accused I am all alone by myself. The only friend I’ve got is my lawyer,” Juan Dimacaawat said, and I can see in his eyes he is at the end of his rope. I had to take over.
Listen, class, when you are the accused, you are up against everybody. The prosecutor can subpoena anybody, make anybody testify against you, retrieve any record or document that will incriminate you. In fact, if the evidence of guilt is strong, and the crime you committed is punishable by death or reclusion perpetua, the prosecutor can even ask the court to deny you bail,” the whole class was cringing as I emphasized each point.
“Don’t ever think that in a criminal case, there is a level playing field. There is none. All the odds are stacked against you, the accused. I hope this scares the bejesus out of you to never ever try to commit any crime. Even if you kill every witness you know, the State will never run out of witnesses against you. In this country alone, there are 100 million potential witnesses the prosecution can call.”
I saw Miss Deema Niwala waving her arm.
“Yes, Deema, what is it?”
“Sir, then what is the point of having a trial if it is that easy to convict an accused?” she asked, making sure she was at least diagonally facing Juan Dimacaawat.
“Who said anything about it being easy to convict an accused?” I growled, “The odds may be stacked against him, but there’s a formidable layer of protection wrapped around the accused, too.”
“Me! Me! Me, sir! I know what it is…!” Jack Makataruz insisted.
“Alright, Jack, try to win Miss Deema here away from Mr. Dimacaawat by impressing us with the answer. What is it that protects the accused from becoming the victim of prosecution overkill?”
“Sir, the fact that the accused is PRESUMED INNOCENT until proven guilty. This is such a formidable presumption that it can only be overcome by the highest quantum of evidence in all of law “
“And what is that quantum of evidence, Mr. Makataruz?”
“Sir, proof of guilt BEYOND REASONABLE DOUBT!”
“Very good, Mr. Makataruz. So, everything else being equal, who do you think has an easier job to do—the prosecutor or the defense lawyer? Deema?”
“Sir, I submit that the defense lawyer has an easier job to do than the prosecutor,” the pretty coed said
“And what exactly is that ‘easier job’ that the defense lawyer has to do, Deema?”
“Introduce DOUBT, sir. That’s all the defense needs to do to destroy the prosecution’s case.”
Juan Dimacaawat is also waving his arm, so I said, “I can’t imagine what else you can add to that for an encore, Mr. Dimacaawat, but I’ll give you the floor anyway. What did you want to say?”
“Sir, I just wanted to add that this is what justice is all about. At the start of a criminal case, the odds are against the accused. But if the prosecution fails to overcome the presumption of innocence, the tables turn around 160-degrees and this time the odds are sealed in favor of the accused who has been acquitted.”
“Why, Mr. Dimacaawat? Because…?”
“Because the prosecution CANNOT APPEAL an acquittal, Sir.”
“You never cease to amaze me, Mr. Dimacaawat,” I said with a very satisfied smile before addressing the class again, “Go forth, multiply and rule the legal world, people. I’ll see all of you next meeting, class dismissed.”
The author is a writer and lawyer based in Baguio City, Philippines. Former editor of the Gold Ore and Baguio City Digest, professor of journalism, political science and law at Baguio Colleges Foundation (BCF). He is a photographer and video documentarist. He has a YouTube channel called “Parables and Reason”