ADHD NATION

As a nation, we just can't focus on one thing at a time and finish what we're doing.

All this controversy that arose out of Angelo Reyes's death and the "taming" of the Senate is just another manifestation of the ADHD (Attention Deficit Hyperactivity Disorder) we have as a nation. We swing from one end to the other, as our mood pleases, and lose track of what needs to be started, done and finished before we

move on.

This whole AFP pabaon mess isn't new. Mr. Rabusa had already been summoned before, and he told a different tale. Sordid stories of large-scale graft and corruption that would make even the Banana Republic dictators blanch had been told even then. And the Senate and the House had gotten into the action already. But what happened? After the klieg

lights went off and the cameras stopped rolling, suddenly the investigations stopped. What is more, no reports were submitted, no laws were amended, no indictments were recommended. No closure. All start, no finish. In the meantime, shift to another topic that's more controversial.

We've had a trail of state witnesses (legit ones like Ed Delos Reyes, Cory Dela Cruz, Jane Gomez, Mandy Capili and Mario Enad) and some stool pigeons (like Chavit Singson and Rosebud Ong) and some repentant accomplices (like Jun Lozada and yes Rabusa) in our checkered history as a nation.

And then we get someone like Heidi Mendoza, who, from all angles, looks like the real thing.

And what does Congress do? Treat her testimony like so much free political mileage instead of ensuring that her testimony, taken together with others, would finally allow us to cast our net and catch us the biggest fish in the ocean. Instead of quiet case build up and careful evaluation of her testimony, she is paraded like a celebrity, to be vetted by a public that cannot have enough of her. The net effect? Even before she steps foot in court to testify, her warts and all (if there are any) would be in full view of all and all her statements under oath would already have been judged not by a court of law but by a public so desperate for a hero.

IF Jinggoy Estrada has the goods, he did not need to taunt Angelo Reyes in the Senate hearing; he did not need to lead Rabusa through the script. He could have simply put all the goods together, put a nice ribbon on it and sent it with his compliments to an appreciative Secretary of Justice. After all, the Secretary of Justice is the one who can decide who to prosecute (I am pretending, for the moment, that we do not have an Ombudsman, because for all intents and purposes, while Gutierrez sits, we don't).

IF Sonny Trillanes has the goods, he did not need to publicly humiliate Angelo Reyes. He could have simply executed an affidavit and specified what he knew UNDER OATH. The vindication of their two-hotel caper would have been the best motivation for ensuring that all these pieces of evidence are not wasted because they would secure convictions for the people.

But, forgetting that the actual focus of the investigation that led to the taunting of Reyes and his eventual suicide was actually this felon Carlos Garcia and the toxic deal he made with a consenting Merci Gutierrez and her subalterns, the Honorable Congress of the Republic switched focus--from Garcia and Merci to Reyes and the whole parade of former Chiefs of Staff. And suddenly, no one's talking about Garcia, Gutierrez and the toxic deal.

And everyone else, riveted to the drama that was a 4-Star General taking his life, also forgot what we were talking about, as a nation.

Yes, the pabaon issue is important. But its more important that this gets ventilated in a venue where it will do the most good--in court, where we can convict these people and set an example; not in Congress where laws are never amended as a result of congressional investigations in aid of legislation (I wonder which laws Bong Revilla and Jinggoy Estrada amended as a result of their Katrina Halili investigation).

Jinggoy Estrada could do the nation a huge favor by simply documenting everything and sending the evidence to the one department that can make a difference--the Department of Justice (Of course, I know the biggest favor he can do to the nation, but I am being kind here).

We never achieved closure with Marcos, with Cory, with Ramos, with Estrada and certainly not with Gloria. Its about time we decide to focus and finish what we're doing. Then, we can truly move on to other things that are equally important.

THE POVERTY OF WORDS

Listening to the public hearing called by the Senate Blue Ribbon Committee to investigate the toxic deal entered into by the Ombudsman and the Special Prosecutor with former AFP Comptroller Carlos F. Garcia, I realized the poverty of the English language in expressing the sense of anger, outrage, and disbelief that I felt while listening to Angelo Reyes, former AFP Chief of Staff and Secretary of Defense, and a former comptroller Jacinto Ligot publicly claiming convenient memory loss in relation to charges that Reyes and other AFP Chiefs of Staff received retirement money running to as high as Fifty Million Pesos and monthly stipends of about Five Million Pesos.

"Angry", "Enraged" and "Appalled" fail to scratch the surface in describing the emotions running through me as I listened to a public airing of dirty linen in the AFP hierarchy by its former budget director. There were no words then and there are none now, at least in the English language, to describe the anger, the rage, the utter sense of disbelief at the moral depravity of these "officers and gentlemen" in their cavalier treatment of people's funds.

Handing out the people's money to Generals to welcome them into the fold or send them off into yet another cushy job was apparently a way of life for them, and the monies that they handed out were not petty cash. These ran into the tens of millions, and not for one occasion but were given monthly! In what government manual these comptrollers saw the justification for being able to hand out money like that I will never know; I work for the government and I have yet to see a government manual that will allow me to hand out the people's money like it was a personal expense account.

Never mind that the money that was being handed out could have been used for soldiers' welfare; never mind that it could have gone to basic, minimum, and much needed protective gear and equipment like combat boots and field rations; never mind that it could have gone to housing, let alone better housing; never mind that it could have gone to better use for our soldiers in the field.

Mind only that the money lined the pockets of those few, those exalted, those influential, those connected enough to make it to the top tier of the AFP hierarchy; mind only that they think they are "entitled" to this money because they have stars on their epaulets while our soldiers gaze at the stars in open battle fields wondering when the wars will end; mind only that even as their pockets, wallets and bank accounts are filled to bursting with these amounts that they conveniently forget receiving such amounts.

The King's (or Queen's) English is such a beautiful language, yet on this occasion I find it so poor, so mendicant, so totally insufficient and inadequate to express what I, and I am certain many others, feel while listening to an account of plunder that would stir even the most jaded of hearts to anger.

Filipino is a much more beautiful language. It conveys feelings, emotions, passions and desires with greater profundity than English. Reflecting on how I felt, I thought that perhaps nakakagalit, nakakapoot, nakakapanlumo could better capture what was stirred in me by the revelations at the hearing yesterday.

I do not profess expertise in either English or Filipino and thus may correctly, under these circumstances, profess to be a "man of few words."

And so I sit here, trying to conjure up words like nakakagalit, nakakapoot, nakakapanlumo to express how I feel more profoundly than being "angry", "enraged" or "appalled"; and the realization strikes me that while these filipino words indeed scratch the surface, they nonetheless fail miserably at conveying the depth of anger of a soul reduced to simmering silence by the stark poverty of words.

NOT IN MY NAME

The President expressed his reservations about reimposing the death penalty because the judicial system isn't perfect. He used to be for it but has changed his mind. The President is right on this issue and here is why.

In People v. Efren Mateo, G.R. Nos. 147678-87, the Supreme Court made a landmark admission that the judicial system isn't perfect and how! Citing cold, hard statistics, the Supreme Court said that:

"Statistics would disclose that within the eleven-year period since the re-imposition of the death penalty law in 1993 until June 2004, the trial courts have imposed capital punishment in approximately 1,493, out of which 907 cases have been passed upon in review by the Court. In the Supreme Court, where these staggering numbers find their way on automatic review, the penalty has been affirmed in only 230 cases comprising but 25.36% of the total number. Significantly, in more than half or 64.61% of the cases, the judgment has been modified through an order of remand for further proceedings, by the application of the Indeterminate Sentence Law or by a reduction of the sentence. Indeed, the reduction by the Court of the death penalty to reclusion perpetua has been made in no less than 483 cases or 53.25% of the total number. The Court has also rendered a judgment of acquittal in sixty-five (65) cases. In sum, the cases where the judgment of death has either been modified or vacated consist of an astounding 71.77% of the total of death penalty cases directly elevated before the Court on automatic review that translates to a total of six hundred fifty-one (651) out of nine hundred seven (907) appellants saved from lethal injection." (underscoring provided, citations omitted)

The death penalty is the most final of all penalties. It cannot and should not exist where the conditions for determining guilt or innocence are so imperfect--as admitted by no less than the Supreme Court itself.

I have witnessed two executions. It is an experience I do not wish to inflict on my worst enemy. In the only triple execution so far (three convicts in one day, one after the other), at least one of the three who was killed was widely acknowledged by the inmates in Bilibid to be absolutely innocent.

My heart goes out to the Lozano and Evangelista families and all the others who have lost loved ones in the cycle of senseless violence but more violence is not the solution.

By all means, hunt down those who inflict this senseless violence, arrest them, build up cases against them, charge them, try them and keep them in jail. This must be done for every criminal who kills, who steals, who pillages, who plunders for it is this certainty that one who breaks the law will be held accountable that deters a criminal; it is not the severity of a punishment the criminal is confident of evading because he can get a good lawyer, can intimidate or kill witnesses and occasionally may even buy off judges.

Martin Luther King Jr. said it best and most memorably:

"The ultimate weakness of violence is that it is a descending spiral, begetting the very thing it seeks to destroy. Instead of diminishing evil, it multiplies it. Through violence you may murder the liar, but you cannot murder the lie, nor establish the truth. Through violence you may murder the hater, but you do not murder hate. In fact, violence merely increases hate. So it goes. Returning violence for violence multiplies violence, adding deeper darkness to a night already devoid of stars."

The death penalty is State-sanctioned murder.

The greatest irony and tragedy is that it is carried out in the name of the People.

I raise my voice to join the President's.

I OPPOSE THE DEATH PENALTY IN ANY FORM, MANNER, INSTANCE OR CIRCUMSTANCE.

DO NOT KILL IN MY NAME.

DOING A PACQUIAO...

...is what Mark Wahlberg's character Micky Ward does in "The Fighter", one of those really quiet, almost obscure films which really delivers, pardon the pun, a knockout punch. (Note: this film will probably not make it beyond Christmas, so catch it now, especially because from Christmas till the first week of January, we will be besieged again by that farce called The Metro Manila Film Festival; and oh yes, Kris Aquino will have a film, aptly a "horror" flick but sadly no, she is not the one wearing the gruesome halloween mask or the aswang in the film.)

Mark Wahlberg plays Micky Ward, an aspiring welterweight being "managed" by his mother Alice Ward (the very, very good Melissa Leo) and being 'trained" by his half-brother Dicky Ecklund (the absolutely brilliant, funny and tragic Christian Bale; note to the Oscars: you gave Heath Ledger the trophy for the Joker, Bale deserves the same trophy this year for this non-Batman role). Dicky is a crack addict whose only "claim to fame" is having fought Sugar Ray Leonard and "knocking him down" thus becoming the pride of their town, Lowell, Massachusetts.

While the film is about boxing, the greater subtext is clearly the love and loyalty that this totally dysfunctional family, revolving around a mother and her two sons, has for each other. While it is also a film about "rising from the depths", it is also a film about denial and how those denials become the substitute for or the expression of love.

Dicky is in denial about his crack addiction and even the whole Sugar Ray Leonard affair (throughout the film, a running thread is whether Dicky really knocked him down or Leonard slipped).

Alice is in denial about Dicky's crack addiction and the effects it is having on Micky's career.

Micky is in denial about the way that Alice is mismanaging his career and how Dicky is not training him at all. He is in denial that he

needs his brother at his side but also in denial that, until Dicky kicks crack, his career is dead.

And in this extremely dysfunctional family (an interesting and very funny sidelight is the one involvi

ng the sisters of Micky and Dicky and how they are related to Alice, Micky, Dicky and George Ward, Micky's father), that is what passes for love. And it is both heartbreaking and heartwarming, at the same time.

Wahlberg and Bale are absolutely brilliant as Micky and Dicky. Wahlberg has the body to pass for a welterweight and also the acting chops while Bale virtually inhabits the role of crack addict (from the

gaunt, haunted features to the nervous tics and twitches) and, in a really delightful change, is not surly, does not grunt, growl or glower but instead is funny, loving, angry and bitter as Dicky, who realizes that the only fight he has left is vicariously, through Micky.

David O. Russell (who directed Wahlberg in the riot "Three Kings") totally nails this one. This is one of those boxing films that does not sacrifice the boxing scenes (very well-made; it is comparable to "The Cinderella Man" by Ron Howard--known to be a stickler for detail in his films--almost five years ago) and integrates them into a funny and moving human drama. One minor complaint is that the last fight scene fails to generate the excitement of a championship fight, perhaps because of the lack of a rousing score (similar to Bill Conti's "Gonna Fly Now" from *errrm* Rocky) but this is a very minor complaint.

In the end, "The Fighter" is about fighting and not only on top of the boxing ring.

Alice and George fight to keep their family together; Micky fights for the title but also, more importantly, for his mother's approval and love; Dicky fights to keep what little dignity is left of him but also, more importantly, to keep the love, respect and adoration of Micky.

In the end, you feel for this family--for Alice, George, Dicky, and Micky--fighters all because of the way they fight for what is truly important: loyalty, honor, respect and love.

NB. The title refers to what Micky does after every win in the film. Mark Wahlberg, a certified and outspoken fan of Manny Pacquiao, does a homage to Pacquiao in this film--retreating to his corner after a win and kneeling in prayer. Finally, Pacquiao, a forgettable actor, has conquered Hollywood and he didn't need to act in a single scene.

Alter Egos

I. The Forest, not the Tree

I don't know Mr. Rico E. Puno. I have never met him. I had never heard of him until the day that President Aquino announced his appointment as Undersecretary of the Department of Interior and Local Government (DILG).

In the 100 plus days since that time, however, not only I, but the entire nation and CNN-watching parts of the world, including Hong Kong and China, have come to know his name as well as his character.

His recent public statements have shown one thing--he has an ego problem. That he thinks of himself as indispensable to the President is revealing for the condescension he feels towards his friend and boss, the President. And that is a problem for one who is supposed to be the alter ego of the President, as the "eyes and ears" for all matters "PNP." His insistence on remaining as Undersecretary despite one actual screw up, which left eight (8) dead on his watch, and one perceived stain on his reputation--that of coddler to "friends and relatives" who would have wanted to lobby the President on jueteng (remember his selective amnesia on this matter before the Senate?) is not helping the President. Instead of the sturdy narra that would support this fledgling President and administration, he is turning out to be driftwood--others would even say deadwood.

One of the major plusses of the Second President Aquino is that he shows trust and loyalty to the people he works with. He takes up the cudgels for his cabinet secretaries (strangely, it should be the other way around--the cabinet secretaries should be insulating the President from having to explain all of these distracting missteps by not screwing up) publicly. But this major plus is also a big minus, especially when it comes to Mr. Puno apparently. What has become clear to many is that when it comes to Puno, the President cannot see the forest because of this one tree.

Despite admitted lack of training, experience, and capability, Mr. Puno was not even admonished for the major bungling of the Hostage incident at the Rizal Park; the President's own IIRC made a categorical recommendation for the filing of charges against him yet after a review by the President's two-person legal team (the Executive Secretary and the Chief Presidential Legal Counsel), Mr. Puno escaped unscathed. Not even a private reprimand. It is hard to imagine how Mr. Prisco Nilo, a career meteorologist at PAG-ASA felt: he was publicly scolded by the President and, thereafter, fired--all for failing to predict correctly the path of a natural disaster called Basyang. Mr. Puno's bungling led to the death of eight (8) persons, the wounding of several others and the "death by a thousand cuts" to the country's attempt to reinvent itself as being "open for business." Yet, Mr. Puno escapes unscathed.

Mr. Puno has an ego problem. He thinks too highly of himself; this is shown by his interview that appeared in the Inquirer. For an alter ego of the President, that alone should be enough reason for the President to fire him. The only ego an alter ego carries is that of his principal.

Mr. President, some unsolicited advise that you've already heard many times, Mr. Puno is not helping; rather he's dragging you down. Loyalty and friendship are great, especially in this lonely job that has been thrust on you. Yet, you have said, in response to the Bishops on the RH issue, that you are the President of everyone, of every faith. Your refusal to make Mr. Puno accountable to you, if not the Filipino people, contradicts that statement. Sabi nga sa text na kumakalat (tila ata galing kay Kgg. Teddy Casino)--mahirap maglakad sa daang matuwid kung may Puno sa gitna.

II. The De Lima Dilemma

I know Ms. De Lima; I've met her, and have gotten to admire her for her commitment to making the Commission on Human Rights (CHR) much better during her watch. I was among those who applauded her appointment to the Department of Justice.

Ms. De Lima now finds herself in the horns of a dilemma. Chairing the IIRC, she and her panel submitted very clear recommendations on what the President ought to do. She led the panel through the marathon hearings (despite being sick with pneumonia and against doctor's advice) in a sober, deliberate and very organized way. While I did not agree with all the recommendations of the IIRC Report, I thought that it was a very well-made Report and had much to commend itself; that much, I told her. I also thought it was a brave effort, made with full knowledge of the personalities involved and their closeness, perceived or apparent, to the President.

The Justice Secretary is the Lawyer of the Administration; the Solicitor General is the Lawyer of the Government and the Tribune of the People; the Chief Presidential Legal Counsel is the Lawyer of the President. Both the Justice Secretary and the Chief Presidential Legal Counsel are alter egos of the President. Understandably, they would not be appointed if the President did not have trust and confidence in them. They should not stay one minute longer in their posts if the President no longer trusts their legal opinion.

More than being the Lawyer of the administration, however, the Justice Secretary is also the Head of the Prosecutorial Arm of the Government. Thus, the Justice Secretary's opinion on the existence or non-existence of a criminal case should carry much weight especially if one considers that in the filing of criminal cases, the President no longer reviews the Secretary's determination of probable cause.

It is perhaps for good reason that Ms. De Lima has publicly aired her being aggrieved over twin moves that have made quarters think that the President may trust his other lawyers more than her.

First, the IRRC Report Recommendations were specifically ordered reviewed by the President's two-person legal team of the Executive Secretary and the Chief Presidential Legal Counsel; this, we now know, has resulted in a controversial conclusion--Mr. Puno, apparently the President's BFF, and Mr. Versoza, the immediate former Chief of the Police, were spared any sanction--not even a word raised in correction or reprimand.

Egged on by some quarters, the media included, Ms. De Lima hinted at the possibility of resignation later only to backtrack by issuing a sufficiently ambiguous statement promptly published online.

Second, the President signed and promulgated Proclamation No. 50 granting amnesty to those accused in the Oakwood takeover, the Pensinsula siege and the Marine standoff--all of whom are facing criminal charges before the regular courts with DOJ Prosecutors leading the charge. The Justice Secretary was, similar to the Interior Secretary during the bus hostage incident, kept out of the loop.

Understandably, Ms. De Lima felt aggrieved, perhaps not only for herself but also for the Prosecutors who have tried this case for seven (7) years. The promulgation for the Oakwood takeover is on October 28, 2010. Perhaps the more prudent way forward would have been to wait for the promulgation and, if necessary, issue the amnesty proclamation; if necessary, meaning the accused are convicted. Issuing an amnesty proclamation ahead of the promulgation sends a clear message to the prosecution: the seven year trial doesn't really count for much. (Note: I am counsel for 4 of the accused in the Oakwood takeover and I am confident that my clients will be acquitted. My comments on the propriety of the timing of the amnesty proclamation are my own, not my clients'.)

Ms. De Lima, like Mr. Puno, is the President's alter ego. Unlike Mr. Puno, however, Ms. De Lima has seen the start of the graffiti on the wall--she may not enjoy the full trust and confidence of the President, her principal. That is why she has hinted at leaving the Justice Department. Her problem is that, unlike Mr. Puno who had tendered a courtesy resignation only to later take it back and now insists that he is indispensable, Ms. De Lima has not seen fit to follow through and has simply left the possibility of resigning out there--in the minds of the people through the media.

This, of course, has led a former Justice Secretary, the current Senate President to tell Ms. De Lima, "Shut up or quit." To date, she has shut up.

Unlike Mr. Puno, De Lima is not driftwood or deadwood. She has demonstrated her ability to get things moving; in her short stint at the CHR, she managed to turn the agency around and get people to sit up and take notice. She has performed creditably so far at the Department of Justice and it would be a waste of talent and commitment if the President were to simply let her go. The De Lima Dilemma is the opposite of the Puno proposition--letting the former go would be a monumental waste whereas letting the latter remain would be a tragic farce.

III. BFFs and Alter Egos

What has clearly emerged from the 100-day plus Aquino II Presidency is that he maintains a closed inner circle in whom he reposes almost absolute trust. Similar to Mr. Puno, many of these people are perceived to be good friends of Mr. Aquino from way back. The popular term for this would be BFF (Best Friends Forever).

Unfortunately, governance does call for hard choices and tough calls. The President must show that he is able to make these hard choices and tough calls. There is a much larger interest at stake--that he demonstrate that he is capable of leading and taking charge and not, as condescendingly hinted at by Mr. Puno in his interview, controlled by BFFs like Mr. Puno.

I did not vote for Mr. Aquino, neither did I support him. But he is the President of the only country I am a citizen of. And unlike others, I want him to succeed--not because it will bring him glory, but because it is about time we got our acts together. I want to forge a future, not fight it.

Mr. Aquino as the President is the alter ego of the people, in whom all sovereignty resides and from which it emanates. He has, correctly, said in his inaugural, "kayo ang boss ko."

Mr. President, do not waste this window where you still have tremendous goodwill, when you still have the support of a people united only by the prospect that there is still hope that our country will get out of the muck. Make the hard calls and the tough choices. Draw the line in the sand clearly and sharply and make sure your team knows where the line is. You have six years--which is short for a great president but an eternity for a terrible one.

"...with a little help from my friends"

With friends like Rico E. Puno, the President doesn't need Edcel Lagman, Danilo Suarez, Len Horn or even Gloria Arroyo. Puno's doing a great job, all by himself, of alienating and isolating the President and making people doubt the President's resolve to stop jueteng once and for all. Indeed, the President doesn't need enemies with friends like Puno.

On Martial Law day 2010, Mr. Puno faced a curiously-composed panel led by Senator TG Guingona (son of a former Vice President and Senator), and Senator Ferdinand R. Marcos II (you know whose son he is) and attended by, among others, Senate President (Palpatine himself) Juan Ponce Enrile and his Padawan Senate President Pro Tempore Jinggoy Estrada (you also know whose son he is), Senator Chiz Escudero and Senator Loren Legarda. The topic was jueteng and the subject was himself, as it turns out.

Because of revelations from retired Archbishop Oscar Cruz that some members of Aquino III's official family were on the take from jueteng lords, the Senate Panel asked Cruz to "name names." Instead of doing so, he simply fished out a document and handed it over. Senator Guingona then read the names, among which was Mr. Puno's.

When asked about it, he categorically denied the charge. That should have been enough. However, because of previous statements that Puno himself made that he had been approached by friends and relatives, a phrase he himself repeated during the Senate hearing, about any interest in being contacted by jueteng lords, the Senators now wanted Puno to "name names."

That is when the puno (tree, in filipino) became pader or literally a wall--a stonewall.

One after the other, Marcos, Guingona, Legarda, Escudero and Ponce Enrile, the Senators attempted to extract the information from Puno as to who these "friends and relatives" were and each time, he declined, refused, and feigned forgetfulness--prompting a Senator to decry his "selective memory." Note that the Senators were not after him, for after all Puno did say that he had turned them down outright (which was commendable), but after those still unidentified "friends and relatives" who attempted to be the bridge between him (and through him, to the President) and the lords of jueteng. Despite this, Puno literally stonewalled.

At some point, in his exasperation, the Senate President even pleaded (his phrase, "I am pleading with you") to Puno to save the President from further embarrassment and to just simply be candid and "name names." Despite that, he refused.

In less than 100 days, Mr. Puno, the President's friend, has shown himself to be not only deadwood (during the IIRC hearings, he admitted that he was ill-equipped to deal with crisis situations such as hostage taking as he was not trained for it; indeed, one wonders what special qualifications or training he has, other than the President's clear and unshaken trust and confidence in him, that would qualify him to oversee the police) but also, in this case, kindling that could cause a major conflagration. The President should see beyond personal friendship and look at the much larger picture of what one like Mr. Puno can do, or is doing, to his fledgling administration.

In his less than 100 days in office, the President has shown that he can be obstinate. His obstinacy can yield good results--his insistence on not recognizing Mr. Bangit as Chief of Staff caused his early retirement; his diatribe against having blaring sirens has lessened the noise pollution. Yet that same obstinacy when it comes to people who are perceived as his "friends" or close confidantes can also yield bad fruit--as in the case of Mr. Puno.

It is a tough call for a man thrust into a lonely job. This President has shown how much he values relationships; and that, by itself, is not a bad thing. The quality of his relationships may be the key to making great decisions and arriving at great insights. But when these relationships become the millstone around his neck, the President must make the tough call to let go.

Mr. Puno should do what every decent civil servant is required: serve the country beyond his own interests. If he is no longer an asset to the President (as the hostage taking and this jueteng investigation have shown), then he should make it easy on the President: leave and not wait to be fired.

IMHO, Part 2

The President himself cannot be subjected to "clarificatory questioning" before a body he himself created. With due respect to the Justice Secretary and the President's Chief Legal Counsel, the fact-finding body created by the President to investigate the August 23, 2010 Hostage-taking Incident cannot even consider the possibility (as hinted by the Justice Secretary) of calling the President to testify or give a statement.

Under the 1987 Constitution, the Congress cannot even invite the President to appear before it to give testimony, with the sole exception being the Question Hour under Article VI, sec. 22 (relating to appearance by Department Heads, with the consent of the President). The only appearance that the President makes before Congress is the State of the Nation Address or any other occasion when he chooses to address a Joint Session of Congress, with advice to and the consent of both Houses.

More than the legalities, however, the President should not be subjected to such questioning.

This ad hoc procedure (it is not found in any statute or constitutional norm) demeans and belittles the Office of the President. Moreover, it exposes the Office to the possibility that the President may be made to "testify" outside of an impeachment trial or to "give statements" outside of policy which may lead to impeachment motions. Finally, it serves no useful purpose because it is neither "in aid of legislation" or towards a determination of probable cause or for purposes of impeachment.

The President's daily "tick tock" is something that he may choose to disclose or keep confidential. Should he be called--and should he choose to--"testify" before the De Lima panel, the President should now consider his daily activities "fair game" for any sort of inquiry.

More than this, however, there is no need for the President himself to "give his side" because these are either matters of "judicial notice" or public record. Everyone in the Executive Branch is considered his alter egos if they are acting within their official functions, including the Justice Secretary who is the one contemplating the "testimony" of the President. They should be the ones "testifying", not the President.

The First President Aquino made a crucial mistake which "demeaned" her Presidency when she sued two journalists for libel. The Second President Aquino would make a crucial mistake which would belittle his Presidency if he does not shoot this ill-conceived idea down before it sprouts wings.

Unsolicited advise to the Second President Aquino so that we can close this episode, place accountability squarely where it should be and move forward:

1. Remove every perception or hint that there could even be a whitewash by:

1.1. Dissolving the fact-finding panel led by Justice Secretary De Lima; and

1.2. Instead, inviting Congress to convene a Joint Committee to investigate this incident once and for all, with a definite and limited timeline and with a clear commitment to not invoke "Executive Privilege."

1.3. Placing all relevant heads of agencies and persons concerned at the Joint Committee's disposal.

2. Personally, ask for the most pugnacious, most hostile, most adversarial members of Congress to co-chair the Joint Committee (e.g., Joker Arroyo for the Senate and Edcel Lagman/Gloria Macapagal-Arroyo for the House).

3. Make it clear, however, to the Joint Committee that you expect an objective, impartial, sober and quick resolution to this issue through a clear, detailed, objective Report.

4. Take action on the Report as you see fit.

Fans of The West Wing may remember a similar tack taken by the fictitious Bartlet administration in that television show when the fictitious President Bartlet was caught not disclosing a debilitating illness to the public. Sometimes, fiction is stranger than truth and, in this case, more compelling, instructive and relevant.

IMHO.

IMHO

In today's verbal shorthand (although at the rate that these things go, this might even be soooo dated already), "IMHO" would be "In My Humble Opinion" (for those who don't pretend to be humble, simply omit the "H"). Ironically, phrases like these very frequently demand the opposite reaction--far from being "humble", a preface such as IMHO would generally be a red flag for "hey, this is important, so listen up!"

This is a piece on persons with their respective problems with their own "humble opinions".

The President recently expressed an opinion on a pending litigation which he would later say was his personal opinion. I would be the first to argue and defend vigorously the President's right to hold a personal opinion on many things. However, because he is the President and because he said it publicly, his "personal opinion" takes on a life of its own. It spills over not only into the public domain but it becomes "marching orders" or, technically, policy. So when President Aquino III says in public IMHO Senator Trillanes IV got a raw deal (certainly not a direct quote but it is the same message) and may not have been charged with the proper offense, it becomes much much more than his "humble opinion." It signals the Justice Secretary to initiate an investigation into what the proper charge/s should have been; which, in fact, the Justice Secretary has done and is now doing.

What is wrong with the "personal opinion" of the President is that the case is pending and has been pending for some time (Note: I am counsel for some of the accused in the very same case, not for Senator Trillanes IV, and have, in fact, put on record in the proper pleadings that the charge is wrong and, as a defense, coup d'etat could not have been charged; former counsel of record for Trillanes IV Atty. Roel Pulido and counsel for one of the accused Atty. Rene Saguisag have pleaded the same exact defense. I should be happy that the President agrees with our assessment of the case; yet, I am greatly disturbed by the quality of "legal" advise that the President is apparently getting such that he was not advised that it would send the wrong message to say that in public.) . The President's HO gave all the wrong signals, policy wise. Moreover, it signalled a possible tectonic shift in terms of Executive-Judiciary relations--that the President would make a declaration that would have grave repercussions on the separation of powers.

The President's legal advisers ought to have not placed him in that spot and should have argued vigorously that such a declaration should not have been made public, even if it was the President's personal opinion. This is the refreshing change that President Aquino III brings to the Office--he has a personal opinion, he has a personal life, he values personal space--yet it is also a bane to a more effective handling of the Office--that he has a personal opinion which may, in certain instances, have grave repercussions, such as the present situation with Trillanes IV. The second President Aquino is very much the son of the first President Aquino--he keeps a close coterie of advisers, people he trusts, people he likes and he is very loyal to them. I have no problem with that because a leader should be able to go to people he trusts and believes in. However, there is a value to also bringing in people whose opinions you don't like or you don't hold--they either strengthen your opinion or they make you humbler. Surrounding yourself with "yes" persons affirms you but, in the end, you simply get parrots repeating what you've said. In keeping with the theme of this post, IMHO, aka Unsolicited advise to the President: get some people with contrary opinions and who can pick your opinions, even personal ones, apart and bring them into your circle of advisers; if your or your close advisers' opinions hold against them, then you can be confident that it will pass muster in the courts of law as well as public opinion; but if they don't, then perhaps it might be time to recalibrate, rethink, revision, revise.

It is not only the President who has been having difficulties with his HOs.

The Spokesperson, PIO Chief (and also the Court Administrator) of the Supreme Court of the Philippines has been defending a particular Justice of the Supreme Court accused of plagiarizing international law materials in one of his ponencias. The very same Spokesperson had publicly "interpreted" a very recent Decision on Gloria Macapagal-Arroyo's power to appoint the current Chief Justice.

Court Administrator Midas Marquez is a nice, personable man--well-suited for the job he holds as the public face of the Supreme Court. I have no quarrel with him.

However, when he speaks for the Court and goes beyond the text of the promulgated Decisions of the Court, he is, in fact, giving an Opinion that impacts on matters aliunde or outside the Decision. I tell my freshman students in Criminal Law every year that the only opinions that matter in the class are the opinions of the Justices of the Supreme Court acting as such. When the Court Spokesperson answers questions and gives opinions that are not found in the Decisions of the Court, then he is, in fact, acting very much like the 16th Justice of the Supreme Court. I find it strange that the only institution that we would not begrudge privacy and reticence to would be so open with its "opinions" through its public face and voice.

In my comments to the Chief Justice's recent media forays, I spoke of the potential dangers of such a policy because in unmoderated Q and A, the Chief Justice becomes easy prey to "hypotheticals" and uncontextual questions that might place him in a difficult situation relative to pending cases in the Court. The same danger arises when a media-savvy and accessible spokesperson "interprets" publicly the Decisions of the Court, which should, in every sense of the phrase, "speak for itself." That is what academics, legal scholars and law professors are for--to help others understand what exactly it is the Supreme Court is saying; this should not be the burden nor mandate of the Spokesperson of the Supreme Court (especially when he is also the Court Administrator, having charge over ALL the lower courts in the land). His HO becomes not only "policy", it might even be wrongly taken as canonical.

Recently, the Supreme Court came out with its Internal Rules of Procedure. The Internal Rules provide no standards for "publicizing" an Opinion other than publication in the Official Gazette through the PIO, which the current Spokesperson heads. It does not define the parameters within which the Spokesperson may act, speak for or "interpret" the rulings of the Court. Perhaps, it might be wise for the Court to now do so, IMHO.

How many !!! does James Cameron Use in a Sentence?

After watching Avatar, I imagine that he uses a lot of !!!!s in his sentences.

After a hibernation of 12 years, the creator of True Lies (the funniest Arnold movie) and the rejuvenator of Terminator (the most romantic Arnold movie) is back and how! Much has been written about Avatar and I won't repeat what they have said here. My personal review of the film consists of only three words: GO! WATCH! NOW!

NB. On a related point, the interruption of Avatar simply reinforces the need to thrash the MMFF, which simply no longer works--it no longer promotes or encourages the making of quality films simply because there is no incentive to make films that encourage thought (simply not possible if one of the criteria for best picture is the box office take for the first three days). I watched two of the entries and both sucked--Mano Po 6 (incomprehensible, unduly extended melodrama that could have been told in ten minutes) and Nobody, Nobody but Juan (incomprehensible tribute to Wowowee involving Dolphy at his absolute worst and G Toengi channelling Ruffa Gutierrez badly). The absence of a Mark Meilly film was evident.

Here's a question or two for Manny Pacquiao

Do you really believe you can do something for your country as a politician? Whether it is in Congress, the Senate, or even as Mayor?

Let's get real. Congressman or Mayor Pacquiao? Remember Ramon Revilla Sr.? Remember Lito Lapid?

I believe that Manny can best serve this nation that is starved for heroes by doing what he does best. He is a boxer, the best there is right now, probably among the best there ever will be. And he became a great boxer by being disciplined, learning new things, and focusing himself on training, and getting better.

This is where Manny Pacquiao can become great, after he hangs up his gloves: VOLUNTEER his services to become the national trainer for the RP Boxing Team. God knows he does not need any more money. Probably he can also volunteer the services of Freddie Roach, who knows a thing or two about getting undisciplined boxers in line--look at Manny himself and marvel at how Roach was able to transform him into the disciplined fighting machine that he is now.

I have never quite gotten myself to referring to him as Pambansang Kamao simply because Manny boxes for purses, first and foremost, not for the flag. That is his job: to train, to box and to earn while boxing. And that is why I disagreed with the decision to let him carry the flag during the last Olympics. I've always believed that the title Pambansang Kamao should belong to someone who boxes for the flag, not for purses--those amateur boxers who are unknown, unidentified, unidentifiable who, day in and day out, train and box under conditions that are not as posh as Manny's training facilities and who do not have a Freddie Roach in their corner, and who, nonetheless, soldier on--not for purses but for flag and country,

But that situation might change when Manny retires and decides to give his services to the RP National Boxing Team as trainer and, yes, inspirer-in-chief, I would be the first to call him Pambansang Kamao in public.

So Manny, here's a question for you: do you really think you could do more good for your country as a politico or as a boxer, a coach and inspirer-in-chief?


NB. And to those leeches who hang on to Pacquiao because their political survival depends on his popularity (you know who you are; more importantly, we know who you are), may you go the way of leeches who have nothing left to suck; and good riddance, definitely.

No Doubt

It is one of the best I've seen and I say this not only because I'm a fan of Philip Seymour Hoffman and Meryl Streep.

John Patrick Shanley's "Doubt" does not disappoint. Hoffman, Amy Adams and Meryl Streep are brilliant--each is the foil to the other. Adams as the caring and compassionate teacher who starts to doubt Seymour Hoffman's intentions as regards a boy in her class and informs Streep of her doubt which, in turn, reinforces Streep who had no doubts about Seymour Hoffman's guilt and Seymour Hoffman's bewildered priest who, despite professing complete innocence, lends doubts as to his innocence by doing something unexpected. Each feeds of the other's doubt or absence of doubt and the result is an energy that propels this movie.

Great writing. Great acting. Great movie.

Seymour Hoffman is a great find for this role as Fr. Flynn who faces up to the inquisition, as it were. At first, you see him as one who is sure of himself, that he has done nothing wrong; his explanations to Amy Adams' Sr. James and to Streep's Sr. Aloysius are not implausible as they might have happened exactly that way but . . . there is something to what he is saying or how he says it that just lends that nagging, yes, doubt. Later, you see him trying to assert not just his innocence but his authority when he screams at Streep that she can't do what she's doing (meaning, putting him, a priest, essentially on trial and challenging him) because "you answer to us" (meaning, the nuns answer to the priests); to which he gets Streep's riposte that she would do what she's doing outside the church if needed. And there you get the full gravity of Seymour Hoffman's own doubt and Streep's immovable certainty.

Streep is, predictably, superb here. She is terrifying as Sr. Aloysius Beauvier who is steel through and through and is, like Hugo's Javert, unflinching, self-righteous and resolute. She is the teacher/nun/principal all of us, who went to Catholic school, hated and feared. She knows she is not loved but feared and she revels in this. This is her power--that she is feared. Yet, there is something about this that makes her, in a sense, incomplete; and that is why her puzzling relationship with Sr. James, a kind and kind-hearted nun who genuinely is loved and loves genuinely, comes in. Aloysius seeks James out in the same way that, all throughout the movie, Flynn's character seeks out the boy. And we are placed in a tableau within a tableau where Aloysius's absence of doubt is peeled away bit by bit by her need for Sr. James's affirmation. The consistency of her characterization all throughout makes the film's last scene a marvelous way to end this movie.

Amy Adams is perfect for the role. She is us in this movie--caught between Flynn and Aloysius. It is through her eyes that we see and through her thoughts that we judge Flynn and Aloysius.

The sexual abuse of a boy by a priest is only hinted all throughout and leads you to make your own conclusions--trying Seymour Hoffman's Fr. Flynn privately in your mind. The unravelling of information about Sr. Aloysius and Fr. Flynn is done subtly, deliberately and allows us to re-examine our own doubts about what we are witnessing. The film makes no judgments, it allows us to do that.

Seymour Hoffman's Fr. Flynn and Amy Adams's Sr. James are perfectly human; in the end, both are riddled with doubt. It is Streep's character, which all throughout is consistent in self-righteousness and resoluteness, that drives the movie. And then the last scene of the film comes along, making it perfectly clear that, yes, she too is perfectly human.

It is a small (if I may call a film with Academy Award Winners Streep, Hoffman and Shanley small) film with big themes--doubt, intolerance, isolation. But in the end, another big theme emerges--not doubt, not intolerance, not isolation, but faith.

Foot in Mouth Disease, Part 2

"First of all, our President is ahead of Obama and probably, I would think that if there's anything to be learned, it should be President Obama learning from President Arroyo."

These words came from Eduardo Ermita, the Executive Secretary to Gloria Arroyo (to push the analogy a little further, the country's Rahm Emmanuel).

I had to replay it quickly in my mind when I heard it because I couldn't believe it. Did Ermita really say that? And did he really say it that way?

Much later on, going through the online reports and hearing Mike Enriquez looping the sound bite almost every ten minutes over his radio show over DZBB, I confirmed that Ermita actually said it.

What is it about Gloria's subalterns that they all have this uncanny knack of putting their foot in their mouth, so to speak--especially when they're trying to curry favor from the Empress (the Filipino word for "curry favor" is so much more concise, direct to the point and pejorative--sip sip).

Recall Raul Gonzales, who apparently wakes up each morning and rehearses one-sentence insults to specific persons he plans to pan for the day, who called Philip Alston, only the UN Special Rapporteur for Extrajudicial Killings, a mere "muchacho."

Recall Reli Fajardo, Deputy Presidential Spokesperson, whose main job apparently is to obscure and not clarify, who claimed Executive Privilege would be invoked over an investigation yet to be called and which merited a "stupid" from the administration's own Joker Arroyo.

Recall Jesus Dureza, now Gloria's Chief Legal Counsel, who prayed aloud, when he was Press Secretary, for an unconstitutional term extension for his boss (now in the book of James, it is said that the prayers of the righteous reach heaven--hopefully one part of that verse doesn't apply to Dureza, otherwise we are in deep trouble). For his efforts, he has now been kept out of the limelight and shunted into obscurity--bad for a politico like Dureza.

Now you have Ermita, as high up as you can get, with this ungrammatical but nonetheless hilarious gem.

Can't wait for the next FMD episode.

B for the first part, B+ for the middle and A for the wind up. . .

... would be the scores I would give the 44th President's Inaugural speech (cnn link here)

Unlike the campaign speeches, the tone was sober--at times, even somber--but the speech itself was filled with hope. As called for by the occasion, it had greater gravitas as befitted his new stature as the 44th President of the world's only superpower. Many have said it was long on eloquence, short on details--perhaps. But, again, perhaps that is what is needed at the moment.

Borrowing liberally from Shakespeare ("this winter of our hardship" echoes the first lines from Richard III's soliloquy "Now is the winter of our discontent..."), Lincoln ("a new birth of freedom", the theme of his inaugural comes from the Gettysburg address, and also "all are equal, all are free, and all deserve a chance to pursue their full measure of happiness", which also comes from Lincoln), John F. Kennedy ("a new generation of Americans" from JFK's 1961 inaugural address, as well as the references to other nations in relation to America) and from Obama himself (This portion, "On this day, we gather because we have chosen hope over fear, unity of purpose over conflict and discord. On this day, we come to proclaim an end to the petty grievances and false promises, the recriminations and worn-out dogmas, that for far too long have strangled our politics", is his in structure, tenor and tone), Obama more than acquits himself, considering the extremely high expectations of this speech alone.

The reference to Washington and his rallying cry was, for me, not only well-chosen, but also well-placed--"Let it be told to the future world ... that in the depth of winter, when nothing but hope and virtue could survive... that the city and the country, alarmed at one common danger, came forth to meet [it]." The reference to "hope and virtue" in the face of adversity and challenge set the tone for his great wind-up:

"America. In the face of our common dangers, in this winter of our hardship, let us remember these timeless words. With hope and virtue, let us brave once more the icy currents, and endure what storms may come. Let it be said by our children's children that when we were tested, we refused to let this journey end, that we did not turn back, nor did we falter; and with eyes fixed on the horizon and God's grace upon us, we carried forth that great gift of freedom and delivered it safely to future generations."

I'd give him a B for the first part, a B+ for the middle part and an A for the wind-up. That's for the speech, the jury's still out on the governance.

Sometimes People Just Need Inspiration

The 44th President of the only super power has aged since winning the election in November 2008. You see that in his face quite clearly. The weight of the world, literally, is now on his shoulders; add to that Dubya's dubious legacy of two wars without an exit plan, a recession and a country divided--not only along blue and red lines but also by cynicism, pessimism and seeming hopelessness.

What can one man do? What can Barrack Hussein Obama do?

Not everything. not immediately. Not even close to that.

Yet, at this moment, Obama fits the bill perfectly. Because he inspires and sometimes people need inspiration. Oftentimes, that's all that they need.

He is perhaps the most eloquent American President since Kennedy. His choice of words, the images they evoke, his cadence, the rhythm of his paragraphs and even his slow, deliberate delivery in that baritone--all have served him in good stead in preaching to the choir, in turning the hearts of unbelievers and even grudgingly the respect of hold-outs. Even the most rabid republicans on the Fox News Channel would have to concede that, in the inspiration department, no republican, save for Lincoln and Reagan, comes close to him.

Even now, before his inaugural, there already are Obama quotes from his campaign speeches. "E Pluribus Unum" (Out of Many, We Are One), for instance; "there is not a blue America, a red America, but a United States of America", to mention another. And, of course, that now very famous, "Yes, We Can." JFK, one of the best and most eloquent speakers, had to wait until his inaugural before his words were immortalized--"ask not what your country can do for you, ask what you can do for your country." (Which actually comes from Oliver Wendell Holmes). As a testament to how inspiring Obama is, his lines have been immortalized, as it were, even before he can speak the first sentences of his much-awaited inaugural speech-which would probably start with "My Fellow Americans. . . "

He may not be the best military tactician; he may not have the best grasp of foreign affairs; he may not be the best economist. But even now, I see what Obama is best at--moving people, inspiring people, practically forcing people to stand up and out of what they are complacent with and doing something. That is the power of inspiration.

Inspiration brings with it Hope and Hope brings with it the possibility, the probability and perhaps even the reality of Change.

But it starts with Inspiration and sometimes people just need inspiration.

The Eloquence of Silence

From my Trial Techniques blog:

Rule 130, sec. 32 of the Rules on Evidence provides that "an act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, may be given in evidence against him." This admission is what is commonly referred to as an "admission by silence"

The reason behind it is quite simple and straightforward. It is based on human experience, as most of the rules on evidence are. The admission is premised on the natural and human instinct to defend oneself from any act or declaration that would be prejudicial to one's interest if made within earshot or in one's presence and when there is an opportunity to do so. If the act or declaration is such that it would have called for an automatic response and no response was made, then the silence is considered an admission of that fact.

A common analogy given is a bad joke that goes: Person A shouts at Person B, "Hey, you stupid jerk!" Person B retorts angrily, "Hey, I'm not stupid." As with most analogies, this one limps, though I think the point is made.

A more precise example, not analogy, perhaps would be Justice Ruben Reyes's initial silence to insinuations and loud hints that his office was behind the leak of the umpromulgated draft decision in the Limkaichong election case pending before the Supreme Court, which has led to a new controversy with certain quarters insisting on bringing in the Chief Justice.

One would think that Justice Reyes would have been so deafening in his protestations of innocence in the face of such serious insinuations. Yet, from all official and unofficial reports, his silence was the only thing that was deafening. It was only much later, ironically only when media started to pick it up, that Justice Reyes was loudly protesting his innocence (conveniently so, he hinted that any liability might have been from his staff; respondeat superior, Mr. Justice?)

Silence is often a good thing because it places many things in perspective. The eloquence of the silence that accompanied the press conference of Atty. Biraogo's announcement of the leaked draft--which naturally would have pointed only to Justice Reyes's Chambers--speaks volumes in this case.

Judicial Touch Move?

In 1990, retired Supreme Court Justice Abraham F. Sarmiento, in Misolas v. Panga, G.R. No. 83341, wrote:

"It perplexes me why this dissent should first of all merit what appears to be repartees from the majority. I am but casting a contrary vote, which, after all, is in performance of a constitutional duty.

I am also concerned at how this case has journeyed from ponente to ponente and opinion to opinion, which, rather than expedited its resolution, has delayed it-at the expense of the accused-petitioner.

I was originally assigned to write the decision in this case, and as early as June, 1989, I was ready. On June 14, 1989, I started circulating a decision granting the petition and declaring Presidential Decree No. 1866, as amended by Presidential Decree No. 1878-A, unconstitutional and of no force and effect. Meanwhile, Madame Justice Irene Cortes disseminated a dissent. By July 18, 1989, my ponencia had been pending in the office of the Chief Justice for promulgation. It carried signatures of concurrence of eight Justices (including mine), a slim majority, but a majority nonetheless. Five Justices, on the other hand, joined Justice Cortes in her dissent. The Chief Justice did not sign the decision on his word that he was filing a dissent of his own.

Subsequently, and as events would soon unfold quickly and dramatically, the Chief Justice returned my decision to the Court en banc, and declared that unless somebody changed his mind, he was promulgating my decision. Justice Edgardo Paras, who was one of the eight who had stamped their imprimatur on my decision, indicated that he did not want to "clip the wings of the military" and that he was changing his mind. This sudden reversement under the circumstances surrounding its manifestation, took me aback for which I strongly voiced my protest for a case (although the majority is very slim) that I had thought was a settled matter.

I am aware that similar events in the Supreme Court are nothing uncommon. The following are the ringing words of my distinguished colleague, Justice Ameurfina Melencio-Herrera, but they could just as well have been mine, as far as the instant controversy is concerned, and I could not have put it any better:

It has taken all of a year and four months to what, I hope, will see the final disposition of this case, notwithstanding periodic reminders for an earlier resolution. It is this delay that has caused me a great deal of concern. It is, to me, a crying example of justice delayed and is by no means "much ado about nothing," ... Nor is the question involved "none too important." ... The bone of contention is whether or not a criminal complaint, which is an offense against the State, may be dismissed on the basis of an amicable settlement between the complainant and the accused, who is a public officer.

As assigned initially, I was to prepare the opinion of the Court. My original "ponencia" annulling the Order of respondent Municipal Judge Eriberto H. Espiritu dismissing the criminal case against respondent Mayor Emiliano Caruncho, granting the petition for Certiorari and Mandamus, and ordering respondent Municipal Judge to reinstate and proceed with the trial on the merits of the criminal case against respondent Mayor without further delay, was circulated beginning July 30, 1982."

Justice Sarmiento proceeded to convert his original ponencia into a dissenting opinion, which he published in full as a dissent.

I recalled this case from law school when I heard of the Limkaichong case which has led to impeachment whispers again, this time of the Chief Justice.

The Supreme Court is--or should be--well known for its reclusiveness and its almost obsessive compulsion for privacy (although one may argue that cannot be the case where a photogenic and articulate PIO like Midas Marquez trolls the screens of our television sets). Very little is known about its internal processes and what little is known is not always confirmed.

That is why the leaked draft (being attributed to the newly-retired Ruben Reyes, controversial in his own right by virtue merely of being a Justice) in the Limkaichong election case pending before the Supreme Court is such a big deal.

The former Congressman, whose wife stands to benefit from the Reyes draft if promulgated, has been making the rounds saying that the Justices are presumed to know what they are signing and if they have signed it, then it can't be changed anymore. Something akin to judicial "touch move", to borrow a phrase from the sport of Kings.

The dissent of Justice Sarmiento in Misolas v. Panga (quote above) clearly shows that it has happened before--at least twice on record as his dissent quotes another Justice who experienced a similar reversal of fortunes, the venerable Ameurfina Melencio-Herrera in People v. Caruncho). In the Caruncho case, the new writer, Justice Abad Santos, made light of the circumstances by saying:

"This case is a good example of the saying: "much ado about nothing. And it serves as a reminder of the suggestion that we should relax, take it easy and not get unduly excited. For these reasons, a little whimsy is not out of place.

This case was originally assigned to Justice Ameurfina A. Melencio-Herrera who was an outstanding student of the Chief Justice. The facts which led to the filing of the case had attracted national attention so it was thought that Justice Melencio-Herrera would once again pen a significant opinion. Due solely to the vagaries of chance, according to the Chief Justice, the lady justice was writing the decisions in leading cases. At one time Justice Antonio P. Barredo remarked that despite his long service with the Court he had not penned a landmark case. But that was before the Federation of Free Farmers case (107 SCRA 352-490 [1981]) which competes with the McDougal and Feliciano tomes in their soporific effects.

Justice Melencio-Herrera in fact already had a ponencia to which nine (9) other justices concurred. But alas, before it could be promulgated some of the brethren changed their minds. No, they did not exactly flip-flop; they merely flipped. Justice Melencio-Herrera has "threatened" to write a separate opinion and hopefully she will tell it all."

Not one to be intimidated or made light of, the Lady Justice from Cavite (direct descendant of Emilio Aguinaldo) quite pointedly replied to this:

"It has taken all of a year and four months to what, I hope, will see the final disposition of this case, notwithstanding periodic reminders for an earlier resolution. It is this delay that has caused me a great deal of concern. It is, to me, a crying example of justice delayed and is by no means "much ado about nothing" * Nor is the question involved "none too important." ** The bone of contention is whether or not a criminal complaint, which is an offense against the State, may be dismissed on the basis of an amicable settlement between the complainant and the accused, who is a public officer."

In Misolas, Caruncho and now Limkaichong, the Court changed its mind before promulgation of the Decision, which is the operative act for the effectivity of the Court's Decision. Anytime before the Court's Decision is promulgated, it may still be changed--as Justices Sarmiento and Melencio-Herrera and probably other Justices (who never told) discovered.

In all these instances, the Chief Justice was the determinative factor before a Decision could be promulgated. Does that indicate that the Chief Justice is partial, one way or the other? I do not believe so.

In discharging this function, the Chief Justice may be seen to operate on two levels--as an administrator and as a jurist. In the first role, he ensures that there is compliance with the number of votes so that the Decision may be promulgated. In the second role, he ensures that what the Court will be promulgating will carry weight.

That is apparently what Chief Justice Puno did in Limkaichong. While the number of votes was sufficient to indicate a ruling in favor of one party, the number of "in the result" votes cast sufficient doubts on the binding nature of the Decision for all future cases. It may be argued that the other Justices should simply have been polite enough to tell Justice Reyes that they could not go along with his reasoning; instead, they chose to do it with their votes. As Chief Justice, it was the role of Puno to ensure that what emerged from the Court would not be something that would apply only to a specific person in a specific instance but would be good enough to be a rule for many ages to come.

I am not an apologist for the current Chief Justice though I have written favorably about him. (I still cannot read the Gloria Arroyo legitimacy case without cringing at the triple hearsay rule adopted by the Court in that case.) But there is a line between legitimate criticism of the Court and its Justices and outright and outright political maneuverings. Right now, I do not see the legitimate criticism, especially of the Chief Justice because all I see are the political maneuverings.

Sounds greek to me, again

Some of the greek names that appeared in news stories the past months:

Utopia
Alpha Phi Beta
Upsilon Sigma Phi
Sigma Rho

1. Utopia is the fraternity that is common to Felisberto Verano and Ricardo Blancaflor. (Reference: PDEA-DOJ-ALABANG 3 controversy).

2. Alpha Phi Beta is the fraternity common to Chief Justice Reynato Puno, Senior Associate Justice Leonardo Quisumbing, Lyceum Law School Dean Pacifico Agabin. (Reference: Threat to Impeach Chief Justice Puno)

3. Upsilon Sigma Phi is the fraternity of Louie Biraogo and Jacinto Paras, the former Congressman, who blew the lid off an unpromulgated ruling mysteriously sent to him by a person he has yet to identify. (Reference: see above)

4. Sigma Rho is the fraternity of Sonny Marcelo, Justice Antonio Carpio, and former CA Justice Vicente Roxas, among many many others (Reference: Meralco-GSIS-CA Controversy). It is also the fraternity of Senate President Juan Ponce Enrile.

Once again, things are sounding greek to me.

Strategic Dismembering

It is as if someone took a really dull knife and starting hacking away at parts of one's body--not to kill but to maim, perhaps temporarily but hopefully permanently. That is how I feel when I read and hear the news stories about the way that institutions in this country are being dismembered.

The kennel (este the House of Representatives) came first. The coup d'etat that replaced Jose De Venecia Jr. with Prospero Nograles. Then the Court of Appeals with the Sabio-Roxas-Villarama scandal involving Meralco and GSIS; this resulted in the suspension of Sabio, the dismissal of Roxas and the lid being blown off what was previously only an open secret within the trade, este the profession of lawyering. Then the Senate coup d'etat, replacing Manny Villar with Juan Ponce Enrile. Then the PDEA and DOJ bribery issue, with Gloria taking the side of PDEA and ordering preventive suspensions for one Undersecretary (looks guilty), the Chief State Prosecutor (looks innocent but clueless), several state prosecutors and once again, the lid being blown off what was previously only an open secret within the trade of lawyering--that if you're resourceful enough, you can get the decision you really want. Now, the Supreme Court, with the threat of impeaching the Chief Justice and the reality that Gloria will get to appoint seven Justices before 2010.

All through it all, the people are too numb to scream in pain as parts of this body, especially parts that insure accountability now and in the future (especially after Gloria leaves Malacanang) are strategically dismembered, discredited or simply disregarded.

The greatest danger now is not that Gloria still remains in power, it is that she might remain in power by proxy even after she leaves Malacanang.

No Joking Matter

Comedian Tito Sotto, Chair of the Dangerous Drugs Board, is asking for the death penalty for drugs. The problem with putting comedians in public office is that they start to think their jokes can actually become policy.

The proliferation of drugs in the country is a serious matter and should not be left to comedians--bad ones at that (if you don't believe me, watch Iskul Bukol: The Reunion). The death penalty for drugs is also not a joke and should certainly not be left to comedians like Tito Sotto.

I have witnessed personally two executions--that is why I know it is not a joke. I have gone to death row countless times, interacted with those on death row and their families and have seen their plight--that is why I know it is not a joke. I have also interacted with victims' families and have come to understand that their cry is not for death but for justice and that, because the system is not perfect, the line between justice sometimes bleeds into death. That is why I know that the death penalty is not a joke.

The country has been down this road before. In 1994, the death penalty was restored in the Philippines. From February 5, 1998 to January 4, 1999, seven executions were carried out and nine persons were executed (including a triple execution on the same day; which has to be a dubious record of sorts). In 2006, the death penalty was abolished by law.

Now the comedian Tito Sotto wants the death penalty for drugs back. As if it were some silver bullet that would stop the importation of drugs through ports where money could convince eyes to become temporarily blind, ears to become temporarily death and lips to become silent. As it the death penalty were some magic enchantment that would assure that no one would ever be victimized again by drugs.

I listen to the hearings on the PDEA bribery charges against the DOJ and marvel at the illogic behind the comedian Tito Sotto's conclusion--that the reimposition of the death penalty could have prevented the farce that is now going on.

Even with the death penalty for drugs, you will still have prosecutors who are willing to look the other way, lawyers who will be over zealous for their clients' cause to the extent of writing the decisions themselves, high ranking government officials who cannot be outraged enough at official and evident malfeasance to be trusted with holding sway over the administration of justice. The comedian Tito Sotto's proposal to reimpose the death penalty for drugs cannot answer the evident flaws in the justice system that has become so evident in the past few months--with the Court of Appeals Meralco scandal and the PDEA-DOJ bribery charges.

Death is such a final penalty. After seven executions, nine executed and an official finding by the Supreme Court in People v. Mateo that the judicial review process is not infallible and that, in fact, there is a high error rate in convictions, there is no place for such a final penalty in such an imperfect system.

If there is one thing that I have learned in almost 19 years of practicing law, it is that the facts can be changed, the evidence can be tampered with, witnesses can lie, but death will always be final. And if there is one thing that I have learned in watching comedians, it is that they are always joking but they are not always funny.

The death penalty is no joke and it is no laughing matter. The comedian Tito Sotto should stick to jokes.

1/3 isnt too bad

In the tenth installment of "Shake, Rattle and Roll", only the one with Marian Rivera as an Enkanto killer works.

It is whimsical, light, fun and funny. Marian Rivera is definitely one of the prettiest faces around but in the third installment, she shows great comic timing. She's no Tina Fey but her installment does save "Shake Rattle and Roll X."