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Senin, 21 November 2011

MOBOCRACY

Boy Brillantes and Leila de Lima did not get their law diplomas from a department store, but earned them in the finest law school in the entire Mendiola complex... We have developed such a hatred for former president GMA that many of them have turned into a mob—not unlike the French Revolution’s “public” that wildly cheered the decapitation by guillotine of royals and aristocrats during the Reign of Terror..”

MOBOCRACY

It appears that what the Aquino administration has done to former President Gloria Macapagal-Arroyo has the approval of the majority of Filipinos who append comments to news stories and columns published online, who anchor radio and TV news and public service programs and who are radio and newspaper commentators.

The Inquirer’s Amando Doronila, however, thinks “P-Noy’s double kill of GMA sends chills down public’s spine.”

We think Doronila is wrong—if “public” means the majority of ordinary people. We think the majority of the Filipinos, those who consistently give President Benigno Aquino 3rd very high ratings on his performance and his trustworthiness, have developed such a hatred for former president GMA that many of them have turned into a mob—not unlike the French Revolution’s “public” that wildly cheered the decapitation by guillotine of royals and aristocrats during the Reign of Terror

But he is right that many Filipinos worry that Secretary Leila de Lima—supported by the President and egged on by people in the Palace whom Senator Miriam Santiago has called “the movement”—could be, knowingly or not, leading our country to an uncertain and dangerous future.

One of the potential outcomes of these last few days’ events is the total demolition of the Supreme Court in the eyes of those more numerous Filipinos who might want Sec. de Lima to be the Filipino Robespierre.

It is unfortunate that there have been abridgements of due process in dealing with former president Arroyo. And it is even more unfortunate that if the Supreme Court censures Sec. de Lima, the SC Justices will surely reap the ire of that public whose howls for blood might force President Aquino—with his legal eagles’ encouragement—to take extraordinary steps. These steps could include the removal of Chief Justice Corona and the other justices being vilified as members of the “Coronarroyo court.”

If the majority of the members of the House of Representatives continue to be as steadfast in their loyalty to President Aquino as they have been so far, it will not be far-fetched to think that—emboldened by the Robespierrean public high on hatred for GMA—the House would swiftly impeach the entire “Coronaarroyo court.”

Despite the views of Senate President Juan Ponce Enrile, who has, obviously tempering his opinion, called Sec. de Lima’s treatment of Mrs. Arroyo “unusual,” the Senate could also be swayed by “respect” for the Robespierrean public to hold a quick trial and find the High Court justices guilty.

Then the President would be able to appoint Supremes who would be happy to support him in his campaign to rid the government—and why not also the private sector? — of undesirable officials and smart operators.

Fair trial a must

When the time comes for Mrs. Arroyo, and the others charged with sabotaging the 2007 election, to be tried, the President and Sec. de Lima must ensure that they get a truly fair trial in which due process is genuinely followed.

The state can, of course, use all the heavy but legal means to defeat Mrs. Arroyo’s defense. This should be done transparently. As a bloc of congressmen have suggested, the trial should be televised.

A fair and transparent trial will boost the President’s credibility. The prosecutors must do an excellent job of proving GMA guilty—or there will be hell from the Robespierrean mob.

Saguisag: RTC has jurisdiction re GMA

Perhaps the following opinion of widely respected lawyer Rene V. Saguisag (a Manila Times columnist) will calm the anxious Filipinos who have come to believe one of the most key points made by the lawyers of Mrs. Arroyo. This point is that the Pasay Regional Trial Court that issued the arrest warrant against the former president had no jurisdiction.

Writes former senator and now San Beda professor Saguisag:

“Sec. 268 of the Omnibus Election Code, or Batas Pambansa Blg. 881, vests in RTCs exlusive and original jurisdiction over election offenses. Nothing in R.A. No. 8369 adding electoral sabotage to election offenses says that jurisdiction over such an election offense is to be heard by any other court. It would have made no sense.

“Judicial and administrative economy and symmetry argue against such bifurcation.

“The general law may invest the Sandiganbayan such jurisdiction over high officials. But here, the special law says RTCs [are] for election saboteurs.

“That the special prevails over the general is something we teach in freshman law in San Beda but strange things happen in our Supreme Court.

“Spokesman Midas Marquez should not speak for the SC in cases where opinions are divided, without clearing a priori a written statement agreed on by all Justices concerned. Else, he may just exhibit bias for a certain Justice or opinion, generating heat, not light.

“Boy Brillantes and Leila de Lima did not get their law diplomas from a department store, but earned them in the finest law school in the entire Mendiola complex.”

Meanwhile, the ruling of the Supreme Court on various facets of the GMA case is expected to be made today.

With due respect to the sensibilities of our Muslim fellow Filipinos (who also revere Jesus Christ as one of the four principal prophets and see him as the holy son of the Blessed Virgin Mary but do not believe he is God, the second person of the Holy Trinity), let us pray that Christ the King (whose feast was celebrated last Sunday) rule over the minds and hearts of our officials and our justices so that they always think and act for the common good.

(MANILA TIMES)

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