Euro cash scandal revisited

LETTERS TO THE EDITOR

11/23/2008

Dear Editor:

If things can proceed along universal legal norms, it becomes clear that most of the acts, statements, even whims perhaps openly expressed by Sen. Miriam Santiago over the euro cop scandal in Moscow amount to (un) thinking out of the box. Where more mature viewpoints indicate, that of the good senator ought to be somewhat wild or out of touch with reality. In other words, even if her intentions were good enough, such attempt to investigate a suspiciously laundering activity will not hit the ground running. And where this happens, every word said against Eliseo de la Paz or every action against him becomes an entire exercise in futility. Remember that incident where she ordered guests at the Senate to be arrested, humiliated, in-dignified (as though some lower life forms, in her popular punch) on mere suspicion that she was booed by them? Hamurabi, if he were alive today, ought to be revolting.

Certainly, the Senate cannot be transformed into an accuser, judge, executioner — all in one and the same respect. From the outline, this seems to be what Senator Miriam tends to metamorphose into that one finds comfort in the thought she did not become president or anyone who would dare express another view will earn her wrath, contempt, or contumacious ire. Or is it not the case that she is trying to tell us that ‘unless king senators, and senator kings, there cannot be an ideal government’? This kind of mindset can have its excesses and if this tends to become a dangerous legal precedent, it can send ‘shark-attacks-effect’ on our political beach, pray not. At the very least, the Machiavellian tradition of ‘end justifies the means’ is a thing of the past and this is probably the reason, citing anyone for contempt by skipping all the normal procedures or ordering anybody’s arrest by skipping everything that due process provides ought to be tantamount to contempt itself. But there is no such thing as contempt upon oneself, is there?

Observers derive lessons from these forms of un-governing legal intramurals. It tells us that there are procedures yet to be satisfied and followed before a contempt charge can be cited against anyone. Also, there are requirements that ought to be complied with before an arrest order can be issued to the peril of anyone who is subject of such writ or warrant. True enough, the whole concept of social justice grinds exceedingly slow but when it does, it makes smooth all otherwise rough edges in legalese. In the unseen process, the poor PNP officer has been unduly exposed to that crippling effect of trial by publicity when not a moment much less a day has been afforded him in open court to speak his piece. As things resulted, in effect, we have placed the cart before the horse. As early as anything very positive is proven, the offenses committed and their penalties have already been advanced.

Primer C. Pagunuran

UP Diliman, Quezon City

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