MALAYA: LESSONS FROM LAST WEEK'S CIRCUS
MANILA, NOVEMBER 21, 2011 (MALAYA) Ellen Tordesillas (photo) 'What De Lima was saying was it was okay for her to restrict anyone, using WLO, even if there's no case pending in court, while she is preparing a case against that person.'
JUSTICE Secretary Leila de Lima, looking satisfied in her evening press briefing in Malacañang last Friday after the warrant of arrest was served on Gloria Arroyo at the St. Luke's Hospital, said the reason she put Arroyo in the Watch List Order was because they were still finalizing the electoral sabotage case, which became the basis for the warrant of arrest issued by Pasay RTC Judge Jesus Mupas.
The arrest warrant was in connection with the electoral sabotage suit filed by the Commission on Election which alleged that Arroyo ordered former Maguindanao Governor Andal Ampatuan Sr. to make all the senatorial candidates of the administration's Team Unity win in the 2007 elections.
Her inclusion of Arroyo in the WLO, as we all know by now, became a Hold Departure Order because based on it, airport authorities stopped Arroyo from leaving the country.
I need to re-learn the Constitution's Bill of rights again. What De Lima was saying was it was okay for her to restrict anyone, using WLO, even if there's no case pending in court, while she is preparing a case against that person.
That is new to me.
What happened last week in connection with Arroyo has been an eye opener for many of us.
Lawyer Ariel Salvador Hinal Magno wrote this in Facebook last Friday:
"What I learned this week.........
1. Supreme Court can be ignored.
2. It's not true that we have three co-equal branches of government. The Executive is the most powerful branch. It can do no one.
3. Congress....... is Congress. Res Ipsa Loquitor
4. The Bill of Rights applies only to the good ones not the evil ones.
5. Karma is so powerful.
6. If you did not do your job, blame others, especially the Supreme Court.
7. No matter how powerful you were or still are, you will be held accountable!
8. Institutions in the Philippines.... what institutions?
9. The end justifies the means.
10. Some are more righteous than others. We are doing the same wrong things that you did but this time it's us who are doing them, so tama lang."
Another lawyer, who goes by the name "Saxnviolins" wrote in my blog what he learned from last week's "circus."
"There is the oft-repeated quote that 'the law is a jealous mistress'. And this has been proven by the (last week's) events.
"The other concubine here is the media. Those who were seduced by the flashier concubine failed to take care of the mistress, so the mistress dealt them a loss.
"First among them is the one-ball lawyer. He was required to file the power of attorney, empowering him to receive court processes (papers) for and in behalf of the Arroyos. But he was more interested in appearing before the media, to trumpet their victory, and even offered one of his gonads as guarantee that the Arroyos would be back.
"He forgot to file his compliance, however, so it provided basis for two justices to switch their votes, and not allow One-Ball's clients to leave, because they had not fully complied with the conditions of the TRO. He had three days to file the compliance, before the en banc session of Friday. But he was too busy basking in the attention of the other concubine.
"The other is the DOJ and the Comelec. Preliminary investigations only require an affidavit from the complainant, and the counter-affidavit from the respondent. After that, a resolution could be made. But the DOJ wanted some action, and it held joint hearings with the Comelec. That again was telegenic, but not according to law, for it is the Comelec that is authorized to conduct the preliminary investigation. So the investigations were in danger of being annulled for following incorrect procedure, because some people wanted the limelight.
"Having discovered this viable line of defense, the Arroyo lawyers, including the Pig himself, went about talking to the media, about the infirmity. They could have kept it to themselves, and sprung it on the government after charges had been filed. This would have been basis for the preliminary investigation and the finding of probable cause to be invalidated by their lackeys at the Supreme Court, because the DOJ has no authority to conduct the investigation of an electoral offense.
"The basis for the nullification of the finding of probable cause would have been Raul Gon's case as the former Tanodbayan versus Governor Zaldivar.
"They got what they wanted – media attention. But the Comelec was alerted, so it went solo, and found probable cause. That's that for a viable defense and another TRO.
"So when one flirts with the other concubine (media), he gets what he wants – attention. But he loses focus, and the mistress, the law, exacts its vengeance and the swain is dealt a loss.
"A photo-op, a photo-op. My winning case for a photo-op."
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Chief News Editor: Sol Jose Vanzi
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