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Monday, June 23, 2008

 

BIG DEAL
By Dan Mariano
Bullying the judiciary


Court of Appeals (CA) Associate Justice Vicente Roxas must be feeling the heat of a high-profile media blitz against him apparently launched by the camp of Government Service Insurance System (GSIS) President Winston Garcia. Justice Roxas should have realized by now the kind of power wielded by Garcia—who is not even an elective official.

It was Roxas who issued a temporary restraining order that stopped the Securities and Exchange Commission (SEC) from implementing its cease-and-desist order against Manila Electric Co. (Meralco). Since then he has been vilified almost daily in media based on what appears to be mere innuendoes, which have been cleverly played up, putting Roxas’ professional and personal reputation at serious risk.

The hatchet job on the magistrate is worth looking at if only for the valuable lessons it offers.

The assault kicked off with the announcement that the GSIS camp would move to have Roxas inhibit himself from the SEC issue. Then, the GSIS camp methodically laid out the premise for the move. When examined closely, however, the reasons GSIS cited in wanting the justice to inhibit himself appear to be based mainly on hearsay and innuendo.

The press statements issued by the GSIS camp consistently said it wants Roxas to inhibit himself because, take note, it “received reports” that . . . so on and so forth.

The premise cited by the GSIS camp consists of nothing more than “reports” it allegedly received. Begging the question: From whom? It does not say so.

Did the GSIS camp examine the veracity of the “reports” it received and the credibility of its sources? No, it does not appear that way. It seems the GSIS camp swallowed the “reports” hook, line and sinker and immediately came to the conclusion that Roxas should inhibit himself.

“Reports” that are not authenticated, verified or counter-checked are nothing more than hearsay and innuendo. Still, the GSIS camp wants the public to believe that Roxas must inhibit himself solely on the basis of hearsay and innuendo.

The scheme is capped by the GSIS camp’s reference to petitions for Roxas to inhibit himself in other cases pending before him—which is both unfair and foul. The GSIS camp’s motion against Roxas must be able to stand on its own merit, and not on the strength of other petitions.

A more credible tack would have been for the GSIS camp to simply file its petition, substantiate its allegation with hard evidence and let the legal processes take their due course.

Feeding the public with hearsay and innuendo based on “reports” it “received” is obviously not part of the legal effort. At best, it is a demonstration of PR savvy intended to win the case, not in a court of law, but in the tribunal of popular perception.

Of course, as far as the CA and Roxas are concerned, this kind of vilification comes, as it were, with the territory. Nonetheless, it is entirely unfair.

Roxas appears to be merely coincidental to the GSIS camp’s game plan. The all too evident objective: serve notice to “all and sundry” that they can suffer the same predicament if they ever dare tangle with the GSIS camp. Signals received loud and clear. Now the public really has cause to be afraid.

Come to think of it, the same “we-received-reports-that” ruse has been the main ploy employed by the GSIS camp. It is being used to cast doubt on any and all issues involving its row with Meralco.

To be sure, Meralco does have many things to clarify, explain and take responsibility for. Also, the GSIS camp has every right to ask Roxas to inhibit himself.

What is deplorable is the apparent effort to whip up a firestorm of popular indignation for the sake of an agenda that has no real benefit to the public.

If only to foil this foul plot, Roxas should stand his ground in this particular confrontation with the powerful figures in the GSIS camp.

If he capitulates, that would be a triumph of the “we-received-reports-that” gambit that capitalizes on hearsay and innuendo.

By standing his ground, Roxas would send the signal that the judiciary cannot be bullied. And that the courts continue to base heir judgment on verified facts.

If only the public would do the same. We cannot fall victims to those who try to manipulate public passions solely on the basis of “reports that we received.”

   
 

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