Yesterday, PAO Chief Persida Acosta called out Senator Risa Hontiveros for refusing to turn over the underage witnesses, despite the fact that it’s PAO, along with NBI, DOJ, and PNP, that has the mandate to protect them [GMA]. If the offender is a public officer, the crime committed would be arbitrary detention, but the public officer must have a duty under the law to detain a person. Since senators have no duty to detain or take custody witnesses (only PAO, NBI, DOJ, and PNP has such authority), Senator Hontiveros shall be prosecuted as a private individual.
The two victims are minors, so parental consent was required before she took custody, i.e. before she limited their liberty. However, in an interview with TV Patrol, one of the minors’ parents said [FB]: “Actually, hindi ko alam eh. Hindi tama. Yun po yung isang foul din e. Bago po nila kukunin yung anak ko, kunin muna nila yung permiso sa akin kung papayag ba ako na sa kanilang panig ko ibibigay. Unang-una po yang Hontiveros na yan di po, hindi ko po siya nakakausap. Hindi man lang niya hinanap muna kung paano makokontak ang ina ng witness dahil minor po yan eh.”
Translation: Actually, I wasn’t informed. That’s wrong. That’s foul. Before they take custody of my child, they should asked permission from me, if I will agree to give their side custody of my child. First and foremost is that Hontiveros, I haven’t spoken to her. She didn’t even find a way to contact the mother of the witness despite the witness being a minor. The fact that Risa did not secure consent from the parents means she kidnapped these underage witnesses.
Translation: Actually, I wasn’t informed. That’s wrong. That’s foul. Before they take custody of my child, they should asked permission from me, if I will agree to give their side custody of my child. First and foremost is that Hontiveros, I haven’t spoken to her. She didn’t even find a way to contact the mother of the witness despite the witness being a minor. The fact that Risa did not secure consent from the parents means she kidnapped these underage witnesses.
The DOJ is the sole implementor of the Witness Protection Act [RA 6981]. Although the DOJ may call upon other executive agencies to implement the law, what’s clear is that the Senate is not an executive agency. That is, the Senate – along with any or all the Senators – have no legal authority to take protective custody of witnesses.
Now, it may be argued that the minors – aged 16 and 13 – agreed or even volunteered to be taken into Hontiveros’ custody. However, parental consent is required in cases like these, something that Hontiveros failed to secure, as shown in the TV Patrol interview cited in the previous section. Moreover, Hontiveros essentially induced two minors to abandon their homes, thereby violating Article 271 of the Revised Penal Code, which reads:
Art. 271. Inducing a minor to abandon his home. — The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parents or guardians or the persons entrusted with his custody.
Hence, the detention of the minors, even if supposedly protective in nature, is illegal.Hontiveros clearly simulated the authority of PAO, NBI, DOJ, and/or PNP, thereby fulfilling the second condition. Moreover, the persons kidnapped are two minors, fulfilling the fourth condition. Now, the fourth element requires the presence of ANY of the circumstances enumerated, so the presence of (b) and (d) is more than enough.
Hontiveros clearly simulated the authority of PAO, NBI, DOJ, and/or PNP, thereby fulfilling the second condition. Moreover, the persons kidnapped are two minors, fulfilling the fourth condition. Now, the fourth element requires the presence of ANY of the circumstances enumerated, so the presence of (b) and (d) is more than enough.
The overeager Hontiveros, blinded by political ambition, committed kidnapping and serious illegal detention that is punishable by reclusion perpetua [Gov], i.e. 30-year prison term. Note that she took custody of TWO minors, so she may even be found guilty of TWO COUNTS of kidnapping and serious illegal detention, translating to up to 60 years in prison. Hontiveros also violated Article 271 or inducing minors to abandon their home, where the penalty is imprisonment ranging from six months to six years. Again, she may be guilty of TWO counts.
Hontiveros also committed Obstruction of Justice [P.D. 1829], as she prevented witnesses from reporting the commission of any offense or the identity of any offender/s by means of force, in light of her having kidnapped the underage witnesses and PAO Chief Acosta having to call her out for refusing to turn over the same. Again, she may be guilty of TWO (or even up to three) counts. The penalty is imprisonment ranging from six months to six years per count.
Now, it may be argued that the minors – aged 16 and 13 – agreed or even volunteered to be taken into Hontiveros’ custody. However, parental consent is required in cases like these, something that Hontiveros failed to secure, as shown in the TV Patrol interview cited in the previous section. Moreover, Hontiveros essentially induced two minors to abandon their homes, thereby violating Article 271 of the Revised Penal Code, which reads:
Art. 271. Inducing a minor to abandon his home. — The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parents or guardians or the persons entrusted with his custody.
Hence, the detention of the minors, even if supposedly protective in nature, is illegal.Hontiveros clearly simulated the authority of PAO, NBI, DOJ, and/or PNP, thereby fulfilling the second condition. Moreover, the persons kidnapped are two minors, fulfilling the fourth condition. Now, the fourth element requires the presence of ANY of the circumstances enumerated, so the presence of (b) and (d) is more than enough.
Hontiveros clearly simulated the authority of PAO, NBI, DOJ, and/or PNP, thereby fulfilling the second condition. Moreover, the persons kidnapped are two minors, fulfilling the fourth condition. Now, the fourth element requires the presence of ANY of the circumstances enumerated, so the presence of (b) and (d) is more than enough.
The overeager Hontiveros, blinded by political ambition, committed kidnapping and serious illegal detention that is punishable by reclusion perpetua [Gov], i.e. 30-year prison term. Note that she took custody of TWO minors, so she may even be found guilty of TWO COUNTS of kidnapping and serious illegal detention, translating to up to 60 years in prison. Hontiveros also violated Article 271 or inducing minors to abandon their home, where the penalty is imprisonment ranging from six months to six years. Again, she may be guilty of TWO counts.
Hontiveros also committed Obstruction of Justice [P.D. 1829], as she prevented witnesses from reporting the commission of any offense or the identity of any offender/s by means of force, in light of her having kidnapped the underage witnesses and PAO Chief Acosta having to call her out for refusing to turn over the same. Again, she may be guilty of TWO (or even up to three) counts. The penalty is imprisonment ranging from six months to six years per count.
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