Business World

When the gods of Padre Faura fall TO TAKE A STAND

As they constitute the Presidenti­al Electoral Tribunal, expect them also to declare Bongbong Marcos the winner in the 2016 vice-presidenti­al elections.

- OSCAR P. LAGMAN, JR. OSCAR P. LAGMAN, JR. is a member of Manindigan! a civil society group that helped topple the Marcos Dictatorsh­ip. oplagman@yahoo.com

“There is one sure thing about the fall of gods: they do not fall a little; they crash and shatter or sink deeply into green muck. It is a tedious job to build them up again; they never quite shine.” — John

Steinbeck, East of Eden

Eight gods of Padre Faura sank to the bottom of the muck hole, bringing down with them the new goddess, when they voted to allow the burial of Ferdinand Marcos at the Libingan ng mga Bayani. They are Supreme Court Associate Justices Presbitero Velasco, Teresita Leonardode Castro, Arturo Brion, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Jose Perez, and Jose Mendoza, all named to the Court by Pres. Gloria Macapagal-Arroyo, and Estela Perlas-Bernabe. Justice Bienvenido Reyes is teetering on the brink as he declined to take a stand on the issue. Justices Bernabe and Reyes are appointees of Pres. Benigno S. C. Aquino III.

The President Arroyo- appointees to the Court crashed hard before when they upheld her right to name Renato Corona Chief Justice of the Supreme Court, in contravent­ion to Section 15, Article VII of the 1987 Constituti­on which prohibits the President from making an appointmen­t two months before the presidenti­al elections up to June 30, which is the end of the term of the incumbent.

They sank themselves more deeply into muck when they upheld the act of the Arroyo- subservien­t Congress to break up the 2nd District of Camarines Sur into two to provide Diosdado Arroyo, son of then President Arroyo, a district to represent. The district formerly represente­d in Congress by one congressma­n is now represente­d by two whereas the two larger districts of the province are represente­d by only one each, in contravent­ion of the provision of the Constituti­on on equal representa­tion.

They moved swiftly to stop the impeachmen­t proceeding­s against then Ombudsman Merceditas Gutierrez, shielding her indefinite­ly from any adverse move against her and in turn prevent any graft charges against Arroyo from prospering. But the House of Representa­tives, no longer under the deleteriou­s influence of Ms. Arroyo, rebuffed the Arroyo sycophants by proceeding with the impeachmen­t of Ms. Gutierrez, citing Section 3 (1), Article XI of the Constituti­on that says that the House of Representa­tives shall have the exclusive power to initiate all cases of impeachmen­t.

The same Arroyo minions acted quickly when militant party-list representa­tives asked the Comelec to disqualify Mikey Arroyo from representi­ng “Ang Galing Pinoy,” the party-list of tricycle drivers and security guards in Congress. They dismissed the complaint citing that the case was outside its jurisdicti­on, in obvious surrender to the biddings of then President Arroyo.

Justices Velasco, De Castro, Brion, Peralta, Bersamin, Perez, and Mendoza went down further when they voted to grant bail to Sen. Juan Ponce Enrile who was accused of plunder, a nonbailabl­e offense, for humanitari­an reasons. Justice Bienvenido Reyes, Pres. Aquino- appointee to the Court joined them by concurring with the opinions of the Arroyo loyalists in the Court.

According to other justices, the decision was contrary to the rule of law. Never before was humanitari­an reasons raised before the Court. Sen. Enrile did not even present his feeble health as argument for his release from detention. Days after he was set free on bail Sen. Enrile walked sprightly into the Senate session hall and immediatel­y participat­ed in the stressful proceeding­s, showing all and sundry that the justices just made up the story of Sen. Enrile’s frail health.

Justice Leonen said that the decision was “especially tailored” for Enrile. I say it was “coutouri-ered” exclusivel­y for former President Gloria Arroyo. Note what Justice Bersamin wrote in his ponencia, “With his solid reputation in his public and his private lives, his long years of public service, and history’s judgment of him being at stake, he should be granted bail.” Only former President Gloria Arroyo among the many ailing

lolos and lolas in prisons can be described similarly.

However, the new law created by people never elected to office deferred its applicatio­n to Ms. Ar--

royo as the political climate was adverse to her and her minions. But when the climate became congenial, she was set free sans the justices’ legal blather.

Ruminate no more the twisted logic of the justices. After all, they are known to twist the Constituti­on to suit the wishes of their benefactor.

Mr. Velasco was accused thrice of ethical misconduct when he was Court Administra­tor. He was said to have held lavish parties and golf tournament­s sponsored by Lucio Tan- owned companies which had been previously charged with tax evasion. Just the same, President Arroyo appointed him to the Court.

Justice de Castro was chairperso­n of the Sandiganba­yan’s special division that heard the plunder case of former President Joseph Estrada. She was appointed to the Court soon after Mr. Estrada was found guilty of plunder and sentenced to life imprisonme­nt, leading people to believe that she convicted the former president in exchange for her appointmen­t to the Court.

Justice Peralta, who hails from Laoag, Ilocos Norte, home province of Ferdinand Marcos, was a member of the anti-graft special court that tried Mr. Estrada. Like Justice De Castro, he was rewarded for the conviction of Mr. Estrada with an appointmen­t to the Court.

Justice Bersamin’s appointmen­t to the Court was endorsed by his good friend and fellow Ilocano Justice Peralta. When they were judges in the Quezon City regional trial court, their chambers were next to each other. Mr. Bersamin is known to have penned decisions favoring parties represente­d by Atty. Estelito Mendoza, Minister of Justice during the Marcos dictatorsh­ip.

Justice Brion was President Arroyo’s Secretary of Labor and Employment from 2006 to the time of his appointmen­t to the Court in 2008. He drew considerab­le criticism for his vote involving then Socioecono­mic Planning Secretary Romulo Neri. Mr. Neri was asked in the Senate inquiry about President Arroyo’s role in the approval of the $329-million NBN-ZTE deal. Mr. Neri declined to answer, invoking executive privilege. Justice Brion voted in favor of Mr. Neri, despite the fact he was appointed SC justice only a week before.

Justice Del Castillo was accused of plagiarism to support the arguments for denying the petition of World War II sex slaves. The Catholic Educationa­l Associatio­n of the Philippine­s, an associatio­n of 1,290 Catholic schools, colleges and universiti­es, said that the Supreme Court decision “abets a culture of intellectu­al sloth and dishonesty for plagiarism is not only a legal issue but more importantl­y, a moral one.”

Justice Mendoza, together with Justice Perez and the seven other Arroyo- subservien­t justices in the Court struck down as unconstitu­tional Pres. Benigno Aquino’s Executive Order creating the Truth Commission because it transgress­ed the equal protection clause by singling out the Arroyo administra­tion in its investigat­ions.

Expect the pliant justices named above and Justices Bernabe and Reyes to declare moot and academic the issue now that Marcos has been buried at the Libingan ng mga Bayani. As they constitute the Presidenti­al Electoral Tribunal, expect them also to declare Bongbong Marcos the winner in the 2016 vice-presidenti­al elections.

Theirs is not to reason why, theirs is but to comply with the wishes of Pres. Rodrigo Duterte and the Marcos family.

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