The Department was prompt in acting on the request of the House of Representatives to instruct the Philippine Embassies in Singapore and the United Kingdom to inquire with the Ministry of Foreign Affairs and the Foreign and Commonwealth Office respectively regarding the presence of Virgilio Olivar Garcillano Jr. in their respective jurisdictions.

The Department was also prompt in conveying the information from our Embassies to the House of Representatives, taking into account the internal processes in the concerned government agencies in Singapore and United Kingdom as well as the need for the Secretary of Foreign Affairs to read such important communications.

The Department always cooperates with the Legislature and acts immediately on requests from the Senate or the House of Representatives.

For the information of the public, the DFA releases the attached copy of the Department of Justice Opinion No. 91,S.2004, dated 9 September 2004, regarding the issue of who is a “fugitive from justice.”

Briefly, the DOJ opinion states that, based on two Supreme Court decisions, a “fugitive from justice” is “not only (to) those who flee after conviction to avoid punishment but likewise to those who, after being charged, flee to avoid prosecution.”   As to who determines whether a person is a fugitive from justice or not, the DOJ, guided by the two Supreme Court decisions, “is of the opinion that the said function properly belongs to the courts.”

Thus, the DFA or the DOJ is the NOT  the proper forum to determine whether Mr. Garcilliano is a fugitive from justice or not.   That function belongs to the Philippine Courts. END
 
 

Attachment : As stated.