Quantcast
Latest Stories

Outtakes

Legal defense tactics for Mike Arroyo

By

Graft raps filed vs Mike Arroyo in helicopter scam—INQUIRER.net

JOSE MIGUEL ARROYO, the beleaguered husband of detained former president Gloria Arroyo, needs the best defense lawyer in the country. I know exactly the guy for him.

Mike should check out a name partner at Obra, Cadabra Law Office, whose ad says, “We make the charges disappear.” This prestidigious firm is the best-kept secret in Philippine law—and its rates are economical, too.

I spoke to Atty. Manny Obra in his office on the second floor of a dimly lighted building on Nueva Street, near Escolta. He was just finishing his lunch, sopping up tomato sauce from a can of sardines with a pan de sal.

“Yes, I’d be Mike Arroyo’s best bet,” he half-yelled over the whir of an aged electric fan, spewing bits of tomatoey crumbs on the legal documents on his table.

A framed diploma on the wall said Obra graduated from D’Excellent School of Law in Pandacan. Apparently, he’s “the only graduate of that institution to become a bar notcher.”

“For Mike, I can design a set of new legal defense tactics that will turn Philippine jurisprudence on its head. He just has to call my number, and we’re in business.”

In Mike Arroyo’s case, Obra said he might tweak the doctrine of res judicata, which says a person who has been held liable for a wrongdoing cannot be held liable a second time for it.

“I will argue that Mr. Arroyo has already been convicted in the court of public opinion, perceived as a thieving crook,” Obra said, slapping the table. “Under res judicata, he should not be held liable again, this time in a court of law, for actually being one.”

Brilliant! There are more novel defense tricks in his legal satchel. Here are just a few he mentioned:

Res lubricata: “This is a truly magical doctrine because no one sees what happens under the table. You need an en banc panel, meaning you secretly assure the judges that the lubricant for their palms is already en the bank.”

Res medicata: “I can also resort to this doctrine, but it’s so overused its credibility has suffered. Still, when your client shows up with a neck brace, or on a wheelchair, or suddenly claims hypoglycemia, prosecutors are forced to give the benefit of the doubt, potentially leading to leniency, or hopefully, even acquittal. Mike, I think, has a heart condition that should come in handy.”

Unfortunately, I said, the most credible argument for a claim of res medicata is if the defendant actually dies.

“That’s res in peace. I don’t believe Mike needs to go that far.”

Elective prosecution: “My client cannot be held criminally liable because the People of the Philippines, your Honor, are prosecuting him simply because his wife won an election through questionable means.”

Temporary inanity: “It’s the ‘I was just kidding’ defense. Mike was just pulling a cute prank by selling old choppers as brand new to his cop friends. He suffers from a touch of automatism, which in law means the performance of actions without conscious thought.”

So pulling a lucrative prank is so second nature to Mike, that he shouldn’t be held criminally responsible if second nature kicks in when he sees a chance to kid the public out of a few million bucks?

“Exactly. I know that makes him out to be a congenital grafter, but we can dilute the bad aftertaste of a temporary inanity plea by also claiming the next line of defense.”

Diminished rapacity: “This an offshoot of diminished capacity. Because Mike was just kidding, his impulse to be greedy was impaired or diminished. Instead of rapaciously scamming the government with the five used helicopters he had, he only sold two as brand new.

“Ergo, he cannot be held fully liable, because his diminished rapacity mitigated the damage, preventing, according to my law book, ‘a foreseeable and greater harm than the harm created by the act.’”

Sounds very convincing to me. However, Obra said his best strategy, the one he’d most likely use for Mike Arroyo, embodies his unique legal defense philosophy.

“My approach to trials is like Sun Tzu’s approach to war. I never advance without planning for a possible retreat.”

Obra said he would file a motion for a change of venue.
“I’d argue that with Mike’s terrible publicity, he’ll have as much chance of getting a fair trial here as Miriam Santiago winning ‘Miss Modesty’.”

And where should the new trial venue be?

“I’d shoot for the Dominican Republic–better yet, Spain. The way that country’s economy is going, Mike’s dollar accounts could go a long way. Besides, the provision for a retreat is built in.”

And how’s that?

“In case, just in the unlikely case we lose and Mike gets convicted, he doesn’t need to scramble to the airport to flee into exile abroad—he’s already there!”

But how would Obra ensure that a change of venue would be granted?

“Simple, res lubricata for an en banc panel. It always works.”

Amazing! But surprisingly, when I told a law professor-friend of mine about Obra, my friend sneered and said this best-kept secret in Philippine law is best kept secret.


Follow Us


Follow us on Facebook Follow on Twitter Follow on Twitter


More from this Blog:

Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Graft and corruption , Helicopter Scam , Jose Miguel Arroyo , Mike Arroyo



Copyright © 2014, .
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement
  1. Filipina, 51, shot dead by 24-year-old American boyfriend
  2. 19 Ukrainians, Russians, Filipinas rescued in bar raid
  3. Hong Kong accepts PH apology; sanctions also lifted
  4. China and rivals sign naval pact to ease maritime tensions
  5. Believe it or not: Filipinos love US more than Yanks
  6. PH, HK end bitter row; sanctions lifted
  7. PH seeks ‘clearer assurance’ from US
  8. Obama arrives in Tokyo, first stop of 4-nation tour
  9. Palace thanks Estrada for successful HK mission
  10. US Secret Service in Manila ahead of Obama visit
  1. Filipina, 51, shot dead by 24-year-old American boyfriend
  2. Japan presents $57-B ‘dream plan’ to solve Metro congestion
  3. Hong Kong accepts PH apology; sanctions also lifted
  4. Japan says visa-free entry still a plan
  5. 85% of Filipinos love US – survey
  6. 10 US presidents who visited the PH (and what they said)
  7. WHO warns vs spread of MERS-Cov, urges vigilance in taking precautions
  8. 19 Ukrainians, Russians, Filipinas rescued in bar raid
  9. 150 Filipino teachers in Maryland to lose jobs, visas
  10. Japan mulls no visa rule for Filipinos
  1. US to China: We will protect Philippines
  2. Japan mulls no visa rule for Filipinos
  3. DFA grants visa-free privilege to 7 countries
  4. China warned: Don’t try to tow away BRP Sierra Madre
  5. Back home in Manila, and feeling out of place
  6. Filipina, 51, shot dead by 24-year-old American boyfriend
  7. Japan presents $57-B ‘dream plan’ to solve Metro congestion
  8. China: PH tarnishing Beijing’s international image
  9. What’s inside BRP Sierra Madre?
  10. Hong Kong accepts PH apology; sanctions also lifted
Advertisement

News

  • Ukraine FM: We are ready to fight Russia
  • Slain officer’s ‘diagram’ rocks PNP
  • 2 contractors fined P25,000 for delays in Edsa rehab
  • Luisita beneficiaries take over renters
  • 5 years of hard work pay off for top UP grad
  • Sports

  • Sharapova advances to Stuttgart quarterfinals
  • Galedo caps ride of redemption
  • Beermen, Express dispute second semis slot today
  • Lady Agilas upset Lady Bulldogs in four sets
  • NLEX roars to 7th D-League win
  • Lifestyle

  • Denims that keep you cool–literally
  • 10 essential summer skin savers
  • Here’s your visual guide to all things cool, hot in summer fashion
  • The fundamentals of accessorizing
  • Love it or hate it? Kris Aquino’s new hairstyle
  • Entertainment

  • Kristoffer Martin: from thug to gay teen
  • Has Ai Ai fallen deeply with ‘sireno?’
  • California court won’t review Jackson doctor case
  • Cris Villonco on play adapted from different medium
  • OMB exec’s assurance: We work 24/7
  • Business

  • Gaming stocks gain, PSEi eases on profit-taking
  • Cebu Pacific flew 3.74M passengers as of March
  • Corporate bonds sweeteners
  • Professionals in the family business
  • Foreign funds flowed out in Q1, says BSP
  • Technology

  • Vatican announces hashtag for April 27 canonizations
  • Enrile in Masters of the Universe, Lord of the Rings?
  • Top Traits of Digital Marketers
  • No truth to viral no-visa ‘chronicles’
  • ‘Unlimited’ Internet promos not really limitless; lawmakers call for probe
  • Opinion

  • Editorial Cartoon, April 25, 2014
  • No deal, Janet
  • Like making Al Capone a witness vs his gang
  • MERS-CoV and mothers
  • A graduation story
  • Global Nation

  • Afghan hospital guard kills 3 American doctors
  • Career diplomat is new PH consul general in Los Angeles
  • US4GG: Aquino should ask Obama for TPS approval, drone technology
  • Complex health care system for California’s elderly and poor explained
  • Tiff with HK over Luneta hostage fiasco finally over
  • Marketplace