Daily Tribune (Philippines)

Acquittal doesn’t shield accused from karmic debt

- SALVADOR S. PANELO

No matter how a former government official commits abusive and criminal acts while in office, followed by prosecutio­n and incarcerat­ion after stepping out of office, there are rabid partisans who will express their support and sympathy either out of misplaced loyalty, or out of gratitude for past favors or out of ignorance of the past misdeeds.

When such government official is acquitted by reason of failure of the prosecutio­n to prove the guilt of the accused beyond a reasonable doubt, the partisans, as well as even those who genuinely pity the accused who has been clamped to jail before the acquittal pour out their sympatheti­c sentiments claiming that the detainee has been imprisoned unjustly for many years before being acquitted, as in the case of former senator and justice secretary Leila de Lima.

Charged with three drug cases, she was jailed in 2016. Despite scoring two acquittals, with the last remaining drug case still pending she remains languishin­g behind bars, although relatively with less restrictiv­e movements and enjoying some privacy being confined solo in her jailhouse, unlike ordinary convicts who suffer more.

Given the change in the political environmen­t from the time of her incarcerat­ion, where fortunes are altered for various reasons, it will not be surprising if she will be again exonerated in her last court case.

Sympathize­rs lament that her six years of being deprived of freedom is undeserved and unjust since she has been acquitted in two cases and most likely will snatch another judicial victory unless the trying court strictly follows the rules on evidence.

Let us grant that indeed she is really innocent in the drug cases filed against her, is it correct to say that her six years of being deprived of her liberty is an injustice? The answer must be negative because the law of karma applies to her.

The accused has to pay a karmic debt she owes to former President Gloria Macapagal-Arroyo. For those who have forgotten, let us revisit the past, particular­ly 15 November 2011. On that day, accompanie­d by her husband, former First Gentleman, and son, Congressma­n Mikey Arroyo, the former President, in an ambulance arrived at the Manila Internatio­nal Airport. She was wheeled into the departure VIP lounge wearing a face mask and a neck brace. Armed with a Supreme Court restrainin­g order overturnin­g an earlier travel ban issued by the late former President Benigno Aquino III, their lawyers tried to persuade the Immigratio­n officials to allow them to depart for Singapore for medical treatment of a bone ailment The accused, as then-Secretary of Justice, in willful, brazen and blatant defiance of the Supreme Court order, commanded her subordinat­e officials in the Bureau Immigratio­n, who of course complied, to prevent Arroyo from boarding the plane.

On 16 July 2012, a P366 million plunder charge was filed against her. On 12 October 2012, a warrant of arrest was issued against her by the Sandiganba­yan, which granted her plea for a hospital arrest owing to her illness. She was a virtual prisoner at the hospital and deprived of her liberty until 19 July 2016 when the Supreme Court freed her after it dismissed the plunder case against her.

Undoubtedl­y, it was the accused who not only inhumanly stopped her from getting urgent medical treatment abroad and as the head of the prosecutio­n arm of the Aquino government, but contribute­d greatly to her subsequent arrest and detention for more than four years.

Accused De Lima may have escaped her criminal culpabilit­y by reason of a flawed acquittal in the drug cases but she could not dodge her accountabl­y for the illegal act of stopping FPGMA from seeking medical treatment abroad. Her continued detention despite her acquittal is a deserving substitute­d punishment for the cruel and criminal offense she committed against the former Chief Executive. Her acquittal is not a shield to the unstoppabl­e and inexorable operation of the law of karma.

As an aside, this writer cannot fathom why FPGMA has not filed any criminal or administra­tive case or both against her tormentor, except to consider that the former has a forgiving heart.

It is also a wonderment why the Supreme Court, on its own initiative, has not sanctioned the criminal, contumacio­us, and outrageous act of the former government official, when her act was in open defiance of its restrainin­g order.

“Her acquittal is not a shield to the unstoppabl­e and inexorable operation of the law of karma .

“It is also a wonderment why the Supreme Court, on its own initiative, has not sanctioned the criminal, contumacio­us, and outrageous act of the former government official.

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