As seen on the October 2019 issue of The Philippine Sentinel
MANILA, Philippines — What are the consequences if the camp of former Calauan Mayor Antonio Sanchez refuses to indemnify the families of slain University of the Philippines students Eileen Sarmenta and Allan Gomez?
If appropriate legal actions are to be taken, human rights lawyer Edre Olalia said the court may order that Sanchez’ properties be seized and sold to satisfy the civil liability.
“They should ask the court to require the accused to pay the civil liability. If they cannot pay it, then his properties can be levied upon in a process by which the proceeds will be applied to the satisfaction of the civil liability,” Olalia said in a phone interview with INQUIRER.net.
During a joint Senate hearing on the implementation of the good conduct time allowance (GCTA), Sanchez’ wife, Elvira, revealed that their camp has “no intention” of paying the P12.67 million court-mandated damages imposed on her husband. “Actually, your honor, we really have no intention of paying,” Elvira said.
Aside from the seven reclusion perpetua sentences, each equivalent to 40 years in prison, the former mayor was ordered to pay the families of Sarmenta and Gomez a total of P12.67 million in moral damages.
Over 20 years had passed since the gruesome crime happened, yet the damages have not been settled.
Olalia explained that in criminal cases, there are two types of liabilities — criminal and civil. Even if Sanchez had settled his criminal liabilities, his civil liability remains.
Senate Minority Leader Franklin Drilon, who was the Department of Justice (DOJ) Secretary when Sanchez was convicted, is urging the DOJ to seek a writ of execution from the court in order to compel Sanchez to pay the damages.
“It is so unjust that here is Mayor Sanchez who is asking for clemency and who refuses to pay P12.6 million,” Drilon said at the same Senate hearing.
But while Justice Secretary Menardo Guevarra agreed that his office could try providing assistance towards the offended parties, he noted that there is also a 10-year prescriptive period for the writ of execution to be sought.
“Why don’t you let the court decide on the prescriptive period, let the Sanchez family oppose a writ of execution, but at least to show to the people that we are consistent in our pursuit of justice. Initiate an application for writ of execution to the court and leave it to the court, to Sanchez, to the Supreme Court to decide as to whether it is valid or not,” Drilon said.
“Bakit kami magbabayad e walang kasalanan ang asawa ko,” (Why should we pay? My husband did not commit any crime) Elvira, wife of Sanchez, told the Senate Blue Ribbon and Justice committees.
“Actually wala kami talaga kaming intensyon. Kasi po nagsasabi ako ng totoo, ‘yung sinasabi nilang araw at petsa na nirape at pinatay si Eileen Sarmenta at pinatay si Allan Gomez, nasa amin ang asawa ko, kasama ang anak ko,” she said. (We really have no intention to pay. The day and date that they mentioned when Eileen Sarmenta was raped and Allan Gomez were killed, my husband was at home with our children.)
━ (SOURCE: MSN News)