• Immunity an urban legend or myth?


    DOES anybody still care for what happened–or didn’t happen–in the Mayweather-Pacquiao fight?

    The bore of the century?

    Or the fraud of the century, in the eyes of plaintiffs believing that there should have been

    a timely and full disclosure of Manny’s shoulder injury? Lawyer Ed Lopez Jr. heads the Filipino legal team suing in Los Angeles for plain and simple justice.

    Had there been a resetting, collection by the combatants in W.O. McGeehan’s Manly Art of Modified Murder of humongous millions would have been delayed for months but the mob paying good money should have been told sooner, rather than later, about such injury, affecting attendance, pay per-view and betting odds. Sounded like some kind of syndicated estafa on the part of Manny’s powerhouse team, willy-nilly, in which Harvard Law honors alum Bob Arum plays a key role. He said in November 2013 proof of tax payment had been sent from the US.

    Floyd Mayweather Jr. is now touted and seen as a 48-0 fighter and being stripped of any title may amount to little or nothing to him. He’ll retire in months, it is said, and may well retire after his 49th. The fight won’t be with Manny who would not recover fully for nearly a year, reportedly.

    Good that Manny is reported to have gone to Indonesia to share the pain of Mary Jane Veloso, sentenced to death allegedly for smuggling heroin to Indonesia. (Mary Jane is street lingo for marijuana.) Good constituency function but I don’t know how Muslims regard the Cauliflower Industry. Not good that Manny is reported to give Floyd unsolicited advice to pay $200,000 as sanctioning fee to the World Boxing Organization (and to vacate the junior welterweight title).

    Suppose Floyd counterpunches and tells Manny to pay the billions equally-widely-admired BIR chief Kim Henares alleges he owes the government? Manny is reported to rejoin it as senator next year, leading Jojobama’s slate.

    The next national elections are less than a year away.

    May I give the unsolicited advice that the people should then decide the fate of Jojobama Binay, and not through a divisive time-consuming impeachment today. There’s China, the BBL, the budget, etc., to focus on.

    BTW, the Constitution says that on impeachment: “The vote of each member shall be recorded.” The November 2000 vote of our then-Pasig congressman, the late Henry Lanot, we’ll never know. There was no recorded nominal voting, required even in changing the name of a street.

    In the impeachment of Bill Clinton, the votes of the 435 congressmen were recorded. The local exercise was characterized by infidelity to the Constitution, from beginning to end. And we are paying the price of succumbing to the high feelings of the moment.

    From where I sit, only President Cory and Jun Yasay, among the prominent, have apologized for their egregious from-the-frying-pan-into-the-fire misjudgment leading to a dark decade, brightened only by the abolition of the death penalty. A resounding blow for human rights welcomed by liberals all over.

    Veep Jojobama immune from suit? Yes, as long as he acts within the literal or colorable perception of his duties. US Veep Aaron Burr was prosecuted for killing Alexander Hamilton in a duel, which had nothing to do with the office. Nixon and Clinton were sued by Fitzgerald and Jones and could not invoke immunity in proceedings against them in three leading cases.

    And US Presidents have tons of problems. Our Veep has nothing to do, save to check the President’s BP, unlike the US Veep, who presides over the Senate and votes in case of ties.

    We hope the day does not come when a President will say, “You cannot charge me with sexual harassment or rape. I am President.” Nothing to do with his job description. Try charm.

    Noises we hear that PNoy and Jojobama will be charged with graft after they step down. As long as they have acted within a colorable range of their good-faith perception of their duties, the case, which can be filed even today, no case.

    Immunity is an urban legend. So is the superstition that an impeachable official must be convicted in impeachment first before being prosecuted. In the US, some federal judges who have been convicted in criminal cases continue to draw salaries and benefits because they have not been impeached, convicted and removed from office. Impeachable officials cannot stay their criminal prosecution thereby, another myth.

    DOJ Secretary Leila flipped. It seems to me she should flop.

    * * *

    The ballroom dancing community has just lost another member, Doc Gabriel, good in doing the suave subtle Cuban Motion. Wake at the Libingan ng mga Bayani. Interment will be tomorrow. ‘Bye, Doc, who was also a Knights of Columbus stalwart.


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    1. Please read the VP of the U.S.A. S. Agnew case, setting VP found and convicted for the crimes he committed during his time as governor. Likewise, VP Binay can be sued for the crimes he has committed during the time he served as Mayor. Plain and simple he is not immune from suit.