Is the refusal of the Provincial Attorney of Negros Oriental, for the PNP to inspect the car used in the assassination and murder of Radio Commentator, Rex Cornelio, an obstruction of Justice apprehension and Prosecution of Criminal Offenders, under P.D. 1829?
The declared purpose of P.D. 1829 is to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders.
In legal terms, obstruction of justice refers to acts that corruptly obstruct or impede the due administration or successful apprehension of criminal offenders.
In order to be convicted of obstructing justice, the defendant must have knowledge of an investigation or criminal proceeding, and successful apprehension and prosecution of criminal offenders.
In legal terms, obstruction of justice refers to acts that corruptly obstruct or impede the due administration justice; or the due process of law.
This definition includes threats to obstruct, as well as attempts to obstruct, in addition to actually taking actions to obstruct.
In order to be convicted of obstructing justice, the defendant must have knowledge of an investigation of criminal proceeding, and attempt to influence it.
Thus, simply failing to assist law enforcement does not instantly translate to obstruction of justice. Because of the very broad definition, which includes any interference with the application of the law, there are many offenses which could be considered obstruction of justice.
Additionally, you can be found guilty of obstruction even if you had nothing to do with the crime, for example, disposing of a weapon used to commit a crime, even if you did not use the weapon to commit the crime, might make you guilty of obstruction of justice.
The refusal of the office of the Governor of Negros Oriental through a letter of the provincial attorney Atty Edmund Dy to allow the guard, driver and custodian of the Vios sedan to be interrogated by the NBI could be an obstruction of justice?
In fact the PNP had to secure a Search Warrant from the judge in order to open and search the Vios sedan involved in the case which car was registered and donated to the province of Negros Oriental by Australian tax mappers.
There is nothing to fear if there is nothing to hide. We should all endeavor to give justice to the death of Rex Cornelio, who was merely trying to protect the money of the people.
In the end, good will triumph over evil. Mr. Rex Cornelio, you have not died in vain, you have become our hero!