IMPUNITY, is still alive and well in the Philippines

December 2016

It may have been no accident at all when on Dec 18 th 2014, American Dan Keener, former US military, who has lived in the Philippines nearly 10 years, Is riding his motorcycle one afternoon in Dumaguete, the self-proclaimed “city of gentle people”. A slight accident occurs when Keener is bumped into by Marlo Villaflores, a Filipino. From there, Keener is accused of drunken driving and taken in hand cuffs to the Dumaguete Police station still confused what he is being arrested for. Police Superintendent James T Goforth, then the Dumaguete police chief, tells Keener he can go free after paying a fee, Keener refuses. 5 Beatings ensue leaving Keener with serious injuries. He is then thrown in jail, not yet charged with any crime. The next morning, after getting cared for by the other jailed inmates, Keener hears on the radio Chief Goforth telling listeners he has in jail an “American, who says Filipinos are corrupt!”. That afternoon Keener is formally charged, with “RESISTANCE & SERIOUS DISOBEDIANCE TO AN AGENT OF A PERSON IN AUTHORITY” and “SLIGHT ORAL DEFAMTION” of a police officer. But as Keener appropriately says to the City of Dumaguete Prosecutor, Ana Mei Dy Duran Montenegro,” to be resisting, I had to have been charged with a crime, but I was not, until right now”. Keener is never charged with drunk driving after all.

The rest of the story reads like a tale out of a fiction horror novel, but it is not. Denial after denial of motions to reschedule hearings and motions for reconsideration, Keener spends the next nearly 2 years attending hearings, flying back and forth from Manila to Dumaguete to do so. On September 13 th , 2016, the first day of the actual trial, the complainant, PNP Sup. James T Goforth , his 2 witness accomplices, and a team of 3 special prosecutors failed to appear resulting in dismissal of the case by judge Maria Corazon C. Gadugdug. In her order she states:“ The accused was also present who travelled all the way from Manila to be present in court today. None of the private prosecutors, namely Atty Neil Ray M Lagahit, Atty Arthur Fran P. Tolcidas, and Atty Conrado Conception, were in court” (neither were any of the witnesses or the complainant, PNP Sup James T Goforth). “IN VIEW THEREOF, and in order not to violate the constitutional right of the accused to speedy trial, the Court is hereby constrained to DISMISS these cases”. Why, after all of this would the complaint not show up? Maybe it is because under oath and on the witness stand evidence would show the truth, and that would not be good, for them.

But there is more to this story, much more. On May 22 nd , 2015, Keener files counter charges of physical injury, arbitrary detention and grave threat against Goforth only to have his case resolved to be dismissed after the preliminary investigation hearing on July23rd, 2015, by a special team of prosecutors to include: associate city of Dumaguete prosecutors, Leah Medina Nazareno, Janette L. Icao, and Milmon Bryce Tenorio, and approved by OIC City prosecutor Joeseph Arnel Zerna with them jointly stating: “the fact that complainant failed to complain of his alleged beating at the very first occasion that he was examined by a doctor ( on Dec 18 th , 2014) raises a serious doubt as to the truthfulness of his claim, coupled with the fact that he also failed to submit to this office his medico-legal certificates on the examinations done on Dec 18 th and on Dec 21 , 2014. This office cannot rely solely on the medico-legal examination done on Dec 26 th 2014, or eight days after the alleged beating; a lot of other things could have happened in the time in-between and some other causes, intentional or otherwise, could have caused the injuries suffered by the complainant.” BUT the truth is this, Keener was in the provincial hospital on Dec 18 th , under guard by the very police that had previously been a party to his beating. He was having his toe nail removed as it was dangling from his bloody right foot that had been crushed by the police, and he did certainly complain. That Keener certainly did produce a medico-legal certificate dated Dec 21, done at the provincial hospital the very next day that he got out of jail which listed the many injuries reiterated by a further medico-legal examination by Doctor Bu Castro, at the Veterans Memorial Hospital when Keener returned to Manila dated Dec 26 th , 2014, the day after Christmas. All of the examinations agreed on the severity and number of injuries.

The Prosecutors then go on to say, “Moreover, the undersigned finds it unbelievable that he received ONLY about (10) injuries as reflected in his Medico-legal certificate: this just runs contrary to his contention that he was beaten by the respondent, six (6) or seven (7) times in all. Thus the undersigned respectfully recommends that the instant complaint for physical injuries be dismissed.” This becomes very interesting. Because in his counter affidavit, dated June 29 th , 2015, then chief of the Dumagete police, PNP Sup James T Goforth says this , page 2, paragraph 6 “ Complainants allegations that he was punched, kicked and knocked down by me , are all very impossible to believe. It does not take a rocket scientist to know that these irregular actions as alleged by complainant are contrary to law, reason and against my duties as PNP chief. Not to mention that here were also several persons present in the police station, both uniformed personnel and private civilians as well. Obviously, the physical injuries sustained by the complainant could not have been inflicted by anyone but were sustained by reason of the traffic accident which he himself admitted. Complainant was already injured and bleeding during the traffic accident scene and before he was brought to the PNP station. He might have been unconscious with this since he was very intoxicated at that time and he was acting very arrogant, violent, and disrespectful.” This statement by goforth is completely overlooked by the team of 4 prosecutors who by now you can see are not interested in any real search for truth, or justice. These so called prosecutors also overlook this, in his “Expert Affidavit” dated July 16 th , 2015, Dr. Bu Castro, a legal medical doctor with outstanding credentials to include “ As a pathologist, I have done at least 2,000 cases of autopsies involving both deaths of natural cause and deaths of unnatural cause, and I have attended to at least 2,500 living cases involving physical injuries affecting the external parts of the body and the internal organs. I have testified in courts for at least 1,500 times already and one of my expert testimonies was upheld by the Supreme Court in the case of CRUZ vs. COURT OF APPEALS, 282 SCRA 193;” says this about Keener’s injuries;

“On the “ Hematoma, Multiple – (a) Abdominal area, right lateral subcostal, 4.5 cm x 3.0 cm; (b) Abdominal area, left mid-antero-lateral area, 6.0 cm x 3.0 cm ”

7.1. The above findings could not be attributed to the motorcycle incident or accident. The point of impact of the incident involved the left rear side of Mr. Keener’s motorcycle, away from the site of the injuries. The above injuries could have only occurred in a separate incident specifically due to blunt object/s with strong impact or sudden strong force applied on the site of the injuries.

On the “ Contusion and Swelling, Multiple – (a) Left fronto-temporal area, 3.5 cm x 3.5 cm; (b) Right abdominal area, linear, right mid-lateral area; (c) Left lower leg, with linear bruises, mid-antero-lateral area, 5.0 cm x 6.0 cm; (d) Right lower leg, antero-lateral, lower 3rd; (e) Left forearm, with confluent bruises, distal 3rd, postero-medial, 3.0 cm x 3.0 cm; (f) Right forearm, distal 3rd, antero-lateral, with linear bruises, 3.0 cm x 3.0 cm; (g) Right thigh, with hematoma, lateral, proximal 3rd , 10.0 cm x 4.0 cm; ”

7.2. Again, the above findings could not be attributed to the motorcycle incident or accident. The point of impact of the incident or accident was away from the various sites of the injuries. The above injuries could have only occurred in a separate incident specifically due to either (a) hard object/s with blunt edges with strong impact or sudden strong force applied on the left side of the head, (b) hard object/s with blunt edges with strong impact or sudden strong force applied to the extremities and the torso or body;

On the “ Crushing Injury, right big toe, with hematoma and swelling s/p removal of crushed toenail at Negros Oriental Provincial Hospital ”

7.3. There was no way that the crushing injury of the right toe of his right foot could be connected with the vehicular accident. Again, the point of impact of the motorcycle accident was on the left rear side of Mr. Keener’s motorcycle. The right foot is normally on the right foot rest when driving a motorcycle. During the point of impact, his right foot could not be involved, considering the location or position of his right foot and the point of impact which was on the left rear side. The possible cause of the crushing injury is a strong impact by a hard, blunt object coming from an upper or elevated source. It could not be attributed to the motorcycle accident.

8. In summary and in general therefore, there was no impact of the other motorcycle driven by Mr. Marlo Villaflores on any part of the body of Mr. Keener. Further the motorcycle of Mr. Keener, and Mr. Keener himself, did not fall to the ground belying any assumption of injuries caused by the motorcycle incident or accident.

And the team of now exposed prosecutors also failed to consider this;

“That I have worked at RUSI dealership,,,, Dumaguete for the past 6 years as a mechanic.

That I came to know an American Daniel Keener as a customer of RUSI…

That I recall on Dec 18 th , 2014 at approx. 430pm Mr Keener came to RUSI to pick up his KR175,,, that he had left for repairs.

That Mr Keener was not drunk or intoxicated in any way, he did not slur his speech or stagger in his steps.

That Mr Keener had no injuries.

That Mr Keener started his motorcycle and drove away.

That I am executing this affidavit to attest to the truth and veracity of the forgoing statements”

This being the sworn affidavit of the mechanic at RUSI whom was with Keener 10 minutes before the “accident” took place. We will not name him as that would only endanger him for no reason.

None of the evidence presented by Keener was considered at all. Only the affidavits of Goforth and his accomplices was given consideration.

After arriving at his lawyer’s office at 11am on July 23 rd , 2014, returning from the HOJ Dumaguete having attended the preliminary investigation hearing against PNP SUP James T Goforth, Keener’s car was then firebombed in broad daylight, on the corner of a busy street. With hundreds of people standing by, only 2 claimed to have seen 2 men wearing masks riding tandem on a motorcycle, who threw a lighted bottle of gasoline on Keener’s car, an obvious warning from the mastermind, most likely the PNP chief himself, in the “city of gentle people”.

The city police were called but never came. The local media was called but also never came. The US Embassy Manila is notified, and do not even reply to what can only be legitimately called as an act of terrorism.

The current status of this case is a PETITION FOR REVIEW to the DOJ of Keener’s criminal case against Goforth that was filed October 15 th , 2015 with no action by the DOJ. A complaint filed August 4 th , 2015 with the office of the Ombudsman that has been passed from office to office to office to office with no action being taken. Most recently November 10 th 2016, the Office of the Ombudsman Quezon city has now sent this case back to the Office of the Ombudsman Visaya, or in other words, it has taken a year and a half for Keener’s case to make a full circle around the Philippines, and meanwhile not only has a very corrupt PNP cop NOT been relieved of his job as a police officer, he has been instead promoted. The case Keener filed with the Commission on Human Rights on August 4 th , 2015 with only the results that the office of the city prosecutor in Dumaguete has admitted that they “recycled” (destroyed) the audio caste tape from the July 23 rd 2015 preliminary hearing where Goforth makes numerous admissions that incriminate him in the allegations against him.

All of this over a very minor incident that caused a small scratch on a motorcycle. There are now some 60+ people involved here, including private persons, lawyers, doctors, prosecutors, judges and other officials of various government agencies and departments. It is no wonder that Philippines courts are so clogged up.A good case against a crook will be resolved to be dismissed with a finding of no probable cause, then the motion to reconsider, then another denial, then a petition for review, then the subsequent complaints against the people who failed to act on the original crime. Or the other side being, the bad case with bogus charges where a corrupt prosecutor will find probable cause and indict innocent people usually to try and extort them or as a malicious means, in most cases, where a foreigner simply made a Filipino mad, by as little as telling the truth. By the way, according to the Dumaguete police report dated December 18 th , 2014, Marlo Jay Villaflores, a Filipino, had no driver’s license, no proof of registration and no license plate but was not charged in the matter. Keener on the other hand, an American, had all of his legal requirements, including legal visa status.

“I am sure that when Marlo Villaflores hit my motorcycle it was no accident.” says Keener. “I know of these set ups happening all the time here and most always the targets are foreigners. In this case, they picked the wrong guy, I do not pay bribes and I will fight back. The PNP is usually always behind it or involved in some way, they provide the system which is used over and over. Imagine that in perspective, the very people whose job it is to “protect and serve” are the ones at the center of so many crimes. But the real problem is much bigger than corruption in the Philippines National Police; it is the larger network of impunity provided by the justice system that is supposed to prosecute criminals, that instead protects, supports and enables the corrupt. Impunity is the air that corruption breathes, without impunity, corruption will die off. I hope for the sake of my family and for all Filipino people that truly love their country, the day will come when impunity does not exist and corruption has died, for the good of all”?

Dan Keener is director of a foreign based information agency that helps to provide information to persons that end up in similar situations and educate persons who do not understand this reality.