• ‘Delay’ inherent in due process

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    I regularly watch Channel 33 for the NBA games. I keep seeing “SEE YOU AT SPAIN.” Masakit sa mata. As a Makati Elem and Rizal Hi alum and a San Beda English major, I believe AT should be IN.

    Manila has a published an Ordinance Granting Free Medical Care to Certain Individuals on [aray!] all City-Owned Government Hospitals . . . .” Again, masakit sa mata.

    Like hearing a law professor say on nation-wide TV “awree” for “awry.” Aray! Masakit sa tenga.

    With text messages like “c u” (in our celfones with its cameras making it advisable to allocate more time for planned and chance meetings in this country of Kodakio/as, which could at times be a bother) what future does English have in our country? Taglish is now the lingua franca.

    In the Senate we started with English but had Taglish at the end. And it was not because of Erap, one of the few Pinoys I have heard say “common friend” when referring to C in relation to A and B. All over the world I hear – A and B have a mutual friend in C. Erap was the product of the great English teachers of our time – affecting eternity, per Henry Brooks Adams – who taught us to say “townsman,” not “townmate” and avoid Filipinisms like “fiscalize” or “clarificatory,” not to be found in any dictionary I use. Erap and I both finished high school in 1955, when San Beda, Ateneo and La Salle could not, in my view, claim superiority over public high schools.

    I am unsure though that Mayor Erap should negotiate with Hong Kong without coordinating with PNoy. We should speak with a single voice in foreign relations. But it seems he has closely coordinated with the executive. Else, it would seem anomalous for us to speak through the DFA and Manila’s City Hall, in different voices. But, as I keep telling my staff, we can do so much more if no one cares who gets the credit. Public service is its own reward.

    Oh, yes, “anomaly” is linked to graft in this country. Wrong as per a Manila Times Style Book I used when editing The Weekly Post and The Parishioner in Pasig in the late 60’s. Anomaly is a neutral, non-judgmental term for something that seems out of place. Like we are an anomaly in Asia for being the only huge Catholic country; our place would be more in Latin America. Or an honest Senator, as suggested by Sec. Leila de Lima and Rehab Czar Ping Lacson, who really must speak with a single voice. Ping tells her, “reveal all or else, . . .” Are they on the same PNnoy team?

    Why the public threat instead of a discreet non-PR reminder?

    Masakit sa tenga at mata is what I hear and see on the pork barrel mess.
    We cannot just line up JPE, Gigi, et al. against the wall.

    “Strike, but hear me first,” cried Themistocles. Hearing the other side takes time. Hamlet lamented “the law’s delay.”

    The system could just have lined up Hubert Webb & Co. against the wall in 1995. It took more than 15 years to vindicate what the Webbs and our legal team had said publicly from the start. Hubert was thousands of miles away when the sad Vizconde Tragedy occurred. My question now is where is Jessica who testified against him as programmed by certain NBI honchos? The majority of the Supreme Court (SC) Justices did not find her credible. Should she remain in the Witness Protection Program for following the script sadistically prepared by those concerned?

    In the case of Lenny Villa, my client Zos Mendoza, suffers from what Erap called over-due-process. The Aquila Legis frat hazing case is now on its 24th year, and counting. Zos was acquitted twice by the Court of Appeals more than a decade ago and once by the SC (on Feb. 1, 2012), where another motion for reconsideration is today pending, for a startling case of not double, not triple, but, Multiple Jeopardy.

    The prosecution’s task is not to convict but to see to it that justice is done. I cannot understand why Sen. Jinggoy is said to be having a hard time securing relevant filings of other accused, public documents. Why SECRET? This arguable prosecutorial misconduct may be a ground for a mistrial. The prosecution should give all it has to the defense and ask, what else can we do for you? It is not a game of technicalities we deal with but a common search for truth and fairness.

    JPE, Jinggoy, Bong, Gigi, et al. are being punished anyway far beyond any penalty any court could impose, supposedly courtesy of Janet Napoles. I had never agreed with the cockamamie idea that she should be detained in an ordinary jail. Had that been done, she might have gone by now to the Promised Land or where her foes tell her to go.

    If the plunder case is finally filed, after due process, I would not want JPE detained in an ordinary cell. A nonagenarian needs humane compassionate treatment. Like GMA, with her spinal problems, why not house or city arrest (as in the case of Suharto – Jakarta arrest)?

    I am Pusong Mamon, aren’t I? As a Christian, lawyer and human being, I see it as keeping the moral high ground. No law needed as a court had the plenary power to decide the place of detention. And I don’t see any need for a law on unfair trade practices. Art. 186 is there, our Sherman Act, but it seems everybody was absent when it was taught in law school; but, we may need the equivalent of the Antitrust Division of the US Department of Justice.

    I see that our SC has protected its own from the BIR’s Kim Henares. And why not because of the administrative problems alone? Last September saw my last case as an active litigator before I went to Makati Med thrice. I settled a pro bono (puro abono) case involving P8T. I paid half myself. What paper work the BIR would have me go through. No need. TY, SC. Government should focus more on convincing us that our tax money does not go to improper pork barrel or rinky-dink repair of our gridlock roads.

    In the case against the late NBI Asst. Dir. Samuel Ong, my former partner, Lex or Jun Carao, who left me to run Philippine Christian U, handled his defense, pro bono. Lex was cremated last Tuesday. TY and farewell, my friend and campus contemporary.

    He was ‘61 law salutatorian; valedictorian was Aveling Cruz, who topped the bar at 20, and co-founded ACCRA, where Lex was once top litigator.

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    3 Comments

    1. I miss our HR Class Sir, that reading your column has become part of my week. Thank You for all the learning about Human Rights and Life.

    2. Rocky Coronel on

      The article is excellent until Atty. Saguisag justifies the position of his colleagues against BIR. Tsk, tsk why can’t we have dignified lawyers who stand by all the way on what is moral and right?