Let us fly on wings of fantasy.
I am again young and madly in love with a German. Not with a pretty fraulein but with another guy, killed, while being romanced by a US Marine, whose raging hormones cooled, on contact and discovery, in a hotel room. Wrong, very wrong.
Grieving, I fly to Berlin, and to see the suspect, I climb over a fence in a military camp, shove a soldier, who then made me dance with shots around my feet. Or even shot me, while I clambered over the fence; it is not a chickenhouse military I am dealing with.
But our T/Sgt. Mariano Pamittan, quite incredibly, was awarded last Monday a plaque, not for the firm forceful assertion of authority, but for allowing himself to be bullied by a Teuton identified with Hitler, of a race which sent 6,000,000 Jews to their graves.
Hitlerite-Teutons believed they are a super-master-race with no use for Jews/Kikes. Pamittan should have fired a warning shot and warned that the next shot may be between the eyes of the intruder.
Hate crime? All hate being deceived. Here, maybe a crime of passion? What hate is involved here, in the sense of hating Kikes, Polacks, Niggers, Flips, Pongas, Dyapoks, LGBTs, etc.?
Good the Bureau of Immigration (BI) stopped Marc Susselbeck last Sunday at the airport, where he promptly fainted, an improvement on Chief Justice Rene Corona’s Playbook; Rene only collapsed into a wheelchair when shrewd Manong JPE ordered all exit doors shut.
Arrogance should not be rewarded. Nor should katorpehan. Pamittan is no exemplar who made Winston Churchill gush in 1942 over Pinoy soldiers as the finest warrior in the world. He should not be a role model in the Philippine Military Academy, where national pride?, honor and dignity should be inculcated.
I co-founded MABINI, the Movement of Attorneys for Brotherhood, Integrity & Nationalism, Inc.. We regard Nationalism seriously. MABINI members Bobby Tanada and I voted No in 1991, to end the presence of foreign troops after close to 500 years.
One reason I voted No was ?cavalier American arrogance. Cavalier German arrogance I cannot take either. Or any alien’s, for that matter.
If PNoy had gone to the Laude wake, why not Enzo Pastor’s? I can name scores of other wakes. Why not those on the streets of Palanan, Makati, where I live, at times three or four simul? Wakes should not be for photo-ops.
Today, if all goes well, I will be in UP for EDCA orals preparation on November 18. I should expect to see Panyera Evalyn “Ging” Ursua, who I supported and lauded in prosecuting Daniel Smith, convicted by Makati RTC Judge Benjamin Pozon but acquitted on appeal, after Nicole had retracted, and then got a visa to the US. These Kanos get all the bases covered, by cheating or gamesmanship. They take care of their own. We should take care of ours.
On EDCA, I am day-to-day really. I may or may not be in shape for what may be long orals on November 18. But Bobby Tanada (who ably argued for We Forum in 1984, and won), Harry Roque, et al., will be there to deliver the message that the Senate should not be ignored in international agreements by PNoy and Defense Secretary Volts Gazmin. In my view, maybe the Council of State ought to have been convened. FVR should have been consulted, along with Erap.
What should we do with our arguably Aryan Nazi guest? Have we no national pride left? Kicked around even in our homeland? Ignored and shoved. We have been in awe of aliens for so long, from Spain, Great Britain, the US, Japan and now Germany (which produced noble widely-admired Goethe who Napoleon sought out, Beethoven, Rommel, et al.; Hitler shared an Austrian-Germany origin with Liszt, whose haunting No Other Love Fr. Manuel Maramba played on the piano in San Beda when we honored FVR last Oct. 21).
Marc should not have behaved like Marcos. Marc, go home, and look for some fraulein. He supposedly asked: “Why don’t you just let me go?” Well, you have to live with some inconvenience, Marc(os). We cannot let the world see a cockamamie AFP, which should not honor the timid Pamittan. The BI knows what it is doing. The right thing must the done in the right way. He cannot just be let go as if nothing happened. We have matters long pending in the BI, headed by top-lawyer-West Pointer Siegfred Mison, and elsewhere. Marc(os), you stand in line. Don’t jump the queue. You are being given due process on restrictions. I have practiced in the BI longer than I care to remember.
ACCRA, for Joseph Scott Pemberton, argues for homicide not murder. An implicit admission of the killing. So, why DNA testing? Alibi is not the defense. The Investigating Prosecutor, with all due respect, should perhaps not tell lawyers not to tell her what to do, which lawyers do all the time. Then, the adjudicator picks the most legally tenable, intellectually respectable and psychologically satisfying presentation. That is why ACCRA lawyers and other pricey lawyers live in nice homes. Adversarial advocates, tell, and pray of, adjudicators, politely and professionally, what to do. Some adjudicators openly ask both sides to submit draft rulings.
Pemberton, it seems, won’t probably deny that he violated our penal code on killing. But, he has a right not to speak. What’s left is to look for the penalty that would fit the offense, on the principle of equivalence and proportionality. I like the pre-sentencing inquiry done abroad before sentencing. Joseph Lariosa has a story in the Philippine Star the other day on who teenager Pemberton, 19, is.
Penal law is not only punitive but rehabilitative as well.
Others would want to wail before TV cameras but 1991 Aquila Legis frat members, like my client, Zos Mendoza, are waiting for the 24-year-old case to end. The PAL illegally retrenched Flight Attendants, for more than 15, after winning thrice in the Supreme Court; how can the system rattle the bones of a skeleton from which all semblance of life seems to have long departed, to bolt upright in some graveyard?
If PNoy is expected in the wakes of strangers, would he have time for anything else?
Happy Undas break. And Justice for All.