Flight indicates guilt
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Flight indicates guilt

Sep 21, 2026, 1:51 AM
Atty. Junie Go-Soco

Atty. Junie Go-Soco

Columnist

The phrase “flight means guilt” is cited in a criminal prosecution. But the controversy goes beyond leaving and evading arrest.

In Philippine criminal jurisprudence, flight is well established as a circumstance indicating guilt when unexplained, because an innocent person will normally face the accusation immediately.


One important factor is whether the person received a prior warning about arrest or possible arrest. The timing of their departure was very close to their impending arrest. The proximity between departure and the impending arrest makes it easy to see a connection. It is called ‘circumstantial evidence.


Four notable examples include Cong. Zaldy Co, Sen. Loren Legarda, Cong. Leandro Leviste. and Joselyn Serenio, household staff of Cong, Martin Romualdez.


Ms. Serenio is a co-accused alongside Cong. Romualdez in a major plunder case involving multi-billion pesos in alleged kickbacks. The Ombudsman identified her as an alleged handler and courier who transported and concealed cash in luggage during money laundering and kickback transactions.


A common denominator in these individuals' flight is the high probability that they knew of an impending arrest. Someone informed them of the progress in their cases, and the best way to avoid prosecution was to travel to a distant place where Philippine authorities would not catch them.


They planned their trips (departure times, travel routes, places to stay, contacts abroad, and funds needed). It is harrowing to stay in a country very different from the Philippines, even if it offers historical sites, amenities,, and comfort. The thought of never seeing the place of your birth, your home, the people who work under you is just a notch above being in jail. The emotional effect on them can be devastating.


Will they heed government pronouncements and come back to face the charges that have been filed or will be filed soon? My guess is they will not. Who will?


It is what is called a “no-brainer”, an expression about a decision or problem that requires almost no effort to make. It is a choice that is so obvious it requires no real thought.


Sometimes, searching for a much-sought-after person signals that the person should hide and avoid being caught. The reason is that their presence can put more people in “hot water.” They are in strategic positions to “spill the beans” and open “Pandora’s box”.


Pandora’s box is a metaphor from Greek mythology for a small action that creates a large, unpredictable, and often irreversible series of troubles.


And to top it all, billions of pesos in public funds have been stolen in what is allegedly the biggest corruption scandal our country has ever seen.


Soon, we will see many of those charged in the Sandiganbayan become fugitives from justice, having traveled abroad to evade arrest. To them, staying in the Quezon City jail is just too much.


The fruits of their corruption, the money stolen from taxpayers, will be fueling their flight.


That is an irony of the situation. The funds belonging to the people seeking their arrest helped them flee.


Last issue, I picked "It Hurts to Say Goodbye" as appropriate background music for the drama unfolding. Now I can think of Jose Mari Chan's song, "Refrain." Here is a sample verse from the song: Take a jet to a hide-away, from the hum-drum of everyday, still the music that’s in my heart is a sad refrain.



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