tsk tsk tsk
The mockery of the justice system, BS Aquino Style
The Department of Justice DoJ) through its Secretary, Leila de Lima has issued a watch list order (WLO) on former President Gloria Arroyo and her husband former FG Mike Arroyo curtailing and obstructing their right to travel guaranteed under the Constitution. Being an experienced lawyer and a former chief of the Human Rights Commission, certainly, Secretary De Lima is aware that the WLO she issued was illegal, the fact that the legal basis for its issuance was a Department Order 41 which cannot for sure circumvent a provision of the Constitution. But despite that awareness, the secretary vehemently proceeded in preventing the former first couples from living the country.
Not to be harassed, the former president and husband, conscious of their legal rights, through their lawyer went to the Supreme Court (SC) to question the acts of the DoJ Secretary. True enough, the SC issued a TRO by enjoining the DoJ and its secretary to desist from pursuing the WLO and allow the former first couple to leave for Singapore. In spite of knowing that a directive of the highest court of the land is a law, De Lima pretended as if she were an innocent high school student, defied the TRO and tried to wriggle out, by first saying, she did not receive the copy of the order. Second, after her first alibi did not work, she said they have a pending motion for reconsideration that must first be resolved before she heeds the Court’s TRO. At the time she was defying the TRO, she ordered the Bureau of Immigration (BI) and the airport authorities to prevent GMA from leaving and if she was already inside the plane, she should be off-loaded at all cost.
Legal minds and luminaries of the country have only one thing to say: De Lima is wrong. Quoting the words of a San Bedan, a dean at that, Father Rannie Aquino, said that the rule of law should prevail and the acts of the Justice Secretary in defiance of the TRO must not be tolerated. There must be proper sanctions and if ignored, it will have a toll on the entire justice system. So many others such as Father Bernas, former associate Justice Serafin Cuevas and several lawmakers who are learned in law, including the vocal and feisty Miriam, have joined in unison to despise De Lima’s acts. But she seemed hell-bent to do her thing, thereby destroying the principle of separation of powers and the check and balance process enshrined in our Constitution which is the bedrock of our young democracy. Some say De Lima did it just to suit her personal agenda and blindly succumbed to the dictates of a mindless tyrant. As Joker Arroyo, the defender and lawyer of Ninoy Aquino has said, we are now in a state of undeclared martial law. Authoritarianism is the order of the day where Malacañang and DoJ conspired to subvert the justice system.
Not content with what they’ve done, Malacañang, De Lima and the Comelec under the leadership of Brillantes have conspired to further destroy the legal system. Hurriedly and with ill purpose just to redeem composure after their defeat in the SC, they came up with a charge of election sabotage, a crime only patented under BS Aquino which was immediately filed with the RTC in Pasay under a judge who has colorful performance. Without even reading the voluminous complaint and did not even grant a question and answer portion between him and the prosecutor, he immediately issued a warrant of arrest and only for the purpose of overtaking the TRO of the SC.
The judge did not even study whether he has jurisdiction over the case. It must be noted that the accused is a former president and an incumbent high official of the government.
Judge Jesus Mupas should have glanced at PD 1606 as amended that it is not his court but the Sandiganbayan that has jurisdiction over the case against GMA ” Under Section 4. The Sandiganbayan shall have jurisdiction over ( c) Other crimes or offenses committed by public officers or employees, including those employed in government-owned and controlled corporations, in relation to their office.
The jurisdiction herein conferred shall be original and exclusive if the offense charged is punishable by a penalty higher that prision correctional, or its equivalent, except as herein provided; in other offenses, it shall be concurrent with the regular courts.
It is very clear from the Sandiganbayan law that it has original and exclusive jurisdiction over criminal offenses punishable by a penalty higher than prision correctional election sabotage being a heinous and non bailable offense is certainly a crime punishable by life imprisonment. Further, the crime alluded to GMA was done in relation to her office as then President of the Philippines and also that at currently she is a high public official, being a member of Congress, the more reason the Sandiganbayan shall have jurisdiction over the case.
We are not saying here that GMA shall not pay and be penalized for the crimes she may have committed, or that she should go scot-free. What is important is that she be allowed the due process of law, something that was not present in the event that unfolded. There is no secret in this country that cannot be revealed. Mr. Brillantes cannot deny the fact that the case was railroaded as reported by one commissioner to a relative who revealed this to a congressman.
It was stated that Brillantes was indisposed but he was asked to come to the Comelec and preside over an en banc meeting just to pass the resolution to file charges against GMA. Secondly, the DoJ-Comelec panel cannot file the charges on its own directly to the court because it is a mere fact finding panel. The procedure is to submit its findings to the Ombudsman for review and preliminary investigation. But because of the desperation of Malacañang-DoJ to save face as they did expected the SC to stand by its TRO, they had to manipulate and mock the justice system of the country.
What a way to destroy the bedrock of democracy. The judiciary being the so-called weakest branch among the three has a very important roll in the order of things in a nation. It is the last bastion of providing justice to every man under the rule of law. But it seems the mindless tyrant and his cohorts do not really care as long they get what they want. They don’t give a damn even if they destroy the third branch as long as their vendetta and their defense mechanism of using the accusation and prosecution of GMA as a shield and diversion to Noynoy’s failure of addressing the real problems of the nation such as the growing poverty, rise in prices of oil resulting to rise in prices of basic commodities, the increasing unemployment and the failure to implement the honest to goodness government spending in infrastructure such as the acceleration of the PPP go through.
There you are my friends and countrymen. Please undo from Caesar what is for people and let our democracy be stronger and vibrant.
The Daily Tribune - Without Fear or Favor