Above the law

Calling a spade
Business World, 2 January 2012

What is it that makes Filipino officials, not only elective, but appointive as well, think that they are above the law? Given a lawful order that goes against them — for their arrest, suspension, or whatever — these people will avoid, evade, defy, refuse. In a word, they will disobey the law, period. And unfortunately, most of the time they get away with it.

And what is their rationale for such disobedience? Only one that is articulated: The order is politically (partisan) motivated, and therefore unfair. There was Panfilo Lacson, a sitting senator, who fled the country rather than submit to arrest. He claimed that he couldn’t get justice in the country so long as Gloria Arroyo was President (although he still didn’t resurface for a long time even when PNoy took office).

There was also Jojo Binay, who holed himself up in the Makati City Hall, when he was placed under a 60-day preventive suspension (a graft case had been filed against him), until the Court of Appeals (CA) issued a temporary restraining order three days later, and then subsequently stopped the Office of the President from enforcing the suspension. If one recalls correctly, the CA said that the graft case against Binay should be resolved first, which at the time puzzled me — because my understanding is that the purpose of a preventive suspension is to ensure that the official concerned doesn’t use his position to block investigations or harass the complainants. In any case, at the time the buzz was that a high price was paid for the CA decisions (alas, the CA’s reputation was already in the doldrums at that time).

And now comes Gwen Garcia, whose six-month suspension is not preventive, but rather punitive. She has already been found guilty of “grave abuse of authority.” And she, like Binay, has holed herself up in the Cebu provincial capitol.

I am not sure why it is so important to keep physical possession of the premises (city hall, capitol) — in the case of elected executives — while the judicial processes are taking their course. Is it because they don’t want official records examined that may show even more violations of the law on their part? Is it because they want to put a monkey wrench into government activities? But apparently the reason is important enough for them to openly defy the law.

And as if it were not enough of a problem that lawful orders (they are considered lawful until the courts declare them not to be) are being defied by government officials, Filipinos are also presented with the spectacle of the second and third highest elected officials of the land — as well as a former President — flying to Cebu to show their support of Gwen Garcia’s actions. Now THAT is obviously politically motivated, because they all belong to the same party. I confess puzzlement, however, with regard to Juan Ponce Enrile’s behavior. JPE is considered a lawyer’s lawyer — and when he was in legal trouble, he in fact chose to follow the legal processes (he spent time in jail, when he was a sitting senator) instead of defying them (presumably he could have holed himself up in Cagayan). My question is, if he was so strict with himself, why does it look as if he were encouraging others to thumb-nose the law?

Gwen Garcia claims that the order of the President is illegal (the order was signed more than a year after the deadline for decision making had passed, is her defense), which is why she has gone to the courts for redress. So if she believes enough in the system to go to the courts, why doesn’t she believe enough in the system to get out of her office until the courts make their decision? The question applies to all the other officials who have chosen to flout the law, refusing to accept its primacy.

By the way, I don’t buy the idea that her suspension was the result of partisan political motives. If Jesse Robredo found against her, he must have had damned good reason to. Maybe the timing could have been better (in fact, I think it is deplorable), but the punishment had to have been deserved in the first place. On the other hand, given how slow the wheels of the executive can grind, and given that the risk of a political fallout was obviously extremely large, it also can be argued that Malacañang’s decision is what it is claimed to be: merely following the rule of law. Sed lex, dura lex. This administration trying its best, come hell or high water.

What is so unfortunate for the Philippines is that it is not only powerful politicians that think and/or act like they are above the law. Money can buy power, and so the wealthy, whether businessmen or those in high society, tend to exhibit the same behavior when they get into trouble, the only difference between the two groups is that the politicians are openly brazen, while the moneyed are quietly brazen: The businessman who having driven his car while drunk, kills a couple of pedestrians. The grandson of a businessman who kills four or five innocent bystanders also while driving under the influence. A socialite who shoots and kills a nurse in a fit of rage. None of them spent a single day in jail. As a matter of fact, none were even charged.

Money speaks. Power speaks. And the law, at least in the Philippines, listens. For now, anyway. But hopefully, not for too much longer. Happy New Year.

In a word, they will disobey the law, period. And unfortunately, most of the time they get away with it.

And what is their rationale for such disobedience? Only one that is articulated: The order is politically (partisan) motivated, and therefore unfair. There was Panfilo Lacson, a sitting senator, who fled the country rather than submit to arrest. He claimed that he couldn’t get justice in the country so long as Gloria Arroyo was President (although he still didn’t resurface for a long time even when PNoy took office).

There was also Jojo Binay, who holed himself up in the Makati City Hall, when he was placed under a 60-day preventive suspension (a graft case had been filed against him), until the Court of Appeals (CA) issued a temporary restraining order three days later, and then subsequently stopped the Office of the President from enforcing the suspension. If one recalls correctly, the CA said that the graft case against Binay should be resolved first, which at the time puzzled me — because my understanding is that the purpose of a preventive suspension is to ensure that the official concerned doesn’t use his position to block investigations or harass the complainants. In any case, at the time the buzz was that a high price was paid for the CA decisions (alas, the CA’s reputation was already in the doldrums at that time).

And now comes Gwen Garcia, whose six-month suspension is not preventive, but rather punitive. She has already been found guilty of “grave abuse of authority.” And she, like Binay, has holed herself up in the Cebu provincial capitol.

I am not sure why it is so important to keep physical possession of the premises (city hall, capitol) — in the case of elected executives — while the judicial processes are taking their course. Is it because they don’t want official records examined that may show even more violations of the law on their part? Is it because they want to put a monkey wrench into government activities? But apparently the reason is important enough for them to openly defy the law.

And as if it were not enough of a problem that lawful orders (they are considered lawful until the courts declare them not to be) are being defied by government officials, Filipinos are also presented with the spectacle of the second and third highest elected officials of the land — as well as a former President — flying to Cebu to show their support of Gwen Garcia’s actions. Now THAT is obviously politically motivated, because they all belong to the same party. I confess puzzlement, however, with regard to Juan Ponce Enrile’s behavior. JPE is considered a lawyer’s lawyer — and when he was in legal trouble, he in fact chose to follow the legal processes (he spent time in jail, when he was a sitting senator) instead of defying them (presumably he could have holed himself up in Cagayan). My question is, if he was so strict with himself, why does it look as if he were encouraging others to thumb-nose the law?

Gwen Garcia claims that the order of the President is illegal (the order was signed more than a year after the deadline for decision making had passed, is her defense), which is why she has gone to the courts for redress. So if she believes enough in the system to go to the courts, why doesn’t she believe enough in the system to get out of her office until the courts make their decision? The question applies to all the other officials who have chosen to flout the law, refusing to accept its primacy.

By the way, I don’t buy the idea that her suspension was the result of partisan political motives. If Jesse Robredo found against her, he must have had damned good reason to. Maybe the timing could have been better (in fact, I think it is deplorable), but the punishment had to have been deserved in the first place. On the other hand, given how slow the wheels of the executive can grind, and given that the risk of a political fallout was obviously extremely large, it also can be argued that Malacañang’s decision is what it is claimed to be: merely following the rule of law. Sed lex, dura lex. This administration trying its best, come hell or high water.

What is so unfortunate for the Philippines is that it is not only powerful politicians that think and/or act like they are above the law. Money can buy power, and so the wealthy, whether businessmen or those in high society, tend to exhibit the same behavior when they get into trouble, the only difference between the two groups is that the politicians are openly brazen, while the moneyed are quietly brazen: The businessman who having driven his car while drunk, kills a couple of pedestrians. The grandson of a businessman who kills four or five innocent bystanders also while driving under the influence. A socialite who shoots and kills a nurse in a fit of rage. None of them spent a single day in jail. As a matter of fact, none were even charged.

Money speaks. Power speaks. And the law, at least in the Philippines, listens. For now, anyway. But hopefully, not for too much longer. Happy New Year.