MIRIAM ON

. . . . Mercado's Testimony vs. VP Binay

Under the Rules of Court, Mercado's testimony at the Senate hearing is seriously damaging to VP Binay.

First, Mercado admitted that he himself also received kickbacks together with Binay. The law calls this a "declaration against interest," which is defined as a "fact asserted so far contrary to declarant's own interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true."

Mercado's declaration against interest may even be received in evidence against himself.

The Supreme Court ruled that declaration against interest may be received in evidence as an exception to the hearsay rule. The circumstances render it improbable that a motive to falsify existed. A declaration against interest is admissible because of necessity and trustworthiness.

Second, Mercado's testimony is a confession. Under the Rules of Court, the declaration of a person acknowledging his guilt of the offense may be given in evidence against him. A confession is defined as "a declaration made voluntarily and without compulsion or inducement by a person, stating or acknowledging that he has committed or participated in the commission of a crime."

The Supreme Court ruled that "a confession constitutes evidence of high order since it is supported by the strong presumption that no person of normal mind would deliberately and knowingly confess to a crime unless prompted by truth and his conscience.

The rule is that a confession is presumed to be voluntary until the contrary is proved. If Mercado recants, the burden of proof would be on Mercado to prove that his confession is involuntary.

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. . . . Her Resolution to probe Hilmarc's Construction Corp. for alleged Monopoly of
Public Works Projects

It appears that Hilmarc's Corp. bagged some 20 multimillion government infrastructure projects in the last decade. Thus, it is necessary to probe its previous conduct as evidence.

Under the Rules of Court, evidence that one did a certain thing at one time is admissible to prove a specific intent or knowledge, identity, plan, system, scheme, habit, custom, or usage.

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. . . . Her 2016 Plan

 If I make a full recovery early enough from lung cancer, I am considering three options: First, to run for the presidency. Second, join the International Advisory Council of an NGO. Three, write a book in Washington, D.C., under a writing fellowship.

If I don't make a full recovery and go on to a dark place, I will come back anyway and sabotage the plans of corrupt politicians.