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Dear
Judge Oscar Pimentel,
In the
Enchanted Kingdom, they play a game called “Upside
Down.” They hail the railroaded junking of two
impeachment complaints as “constitutional democracy,”
they dismiss dagdag-bawas as “clerical error,”
and they call a law endangering human rights the Human
Security Act.
Last
week you joined the game when you issued a ruling
denying the petition of Sen. Antonio Trillanes IV for a
little leeway to enable him to fulfill his electoral
mandate.
You
said, “The court not having been persuaded by the
reasons given by the accused Sen. Antonio Trillanes IV,
and for lack of merit, all his requests are hereby
denied.”
That
ruling would have been fine had you given meritorious
reasons to persuade us that Trillanes deserved to be
turned down. But you did not.
Instead
of dealing directly with his arguments, you decided to
turn the world upside down.
First,
you flipped the essence of our representative form of
government. From “majority of voters rule,” you turned
it into “the rule of the nonvoting majority.”
You
echoed the
Enchanted Kingdom
line:
“As the
prosecuting arm of the government, its shield and sword
of law and order, [the Department of Justice] represents
not only the 11,138,067 voters who voted for him, but
the people of the Philippines, with all its 85 million
citizens and counting.”
Judge,
the purpose of elections is to choose representatives.
One man with one vote decides who will assume office as
our elected representative or representatives, not one
woman with more than a million Garci votes.
Now, the
right to vote belongs to all Filipinos who meet certain
qualifications set forth in our constitution. That means
many Filipinos cannot vote. But that doesn’t mean our
Constitution is not fair. Parents, for example, are
presumed to vote for their children’s welfare until such
time as they are old enough to vote.
My point
is this: Those who have a right to vote but choose not
to exercise that right have no say in our representative
form of government. It’s not for you or the Justice
Department to overrule the wisdom of voters.
You
can’t pull nonvoters out of your rear end, presume to
know what they want, and then tell me you’re protecting
them from my stupidity. They didn’t vote. I did. So live
with it.
Second,
Alice in Wonderland is a fantasy tale written by Lewis
Carroll. But, even if it were real in some places, we
have not, until you enshrined it in your ruling, adopted
that fantasyland’s concept of justice—”sentence first,
verdict later.”
“Allowing accused-appellant to attend congressional
sessions and committee hearings five days or more in a
week will virtually make him a free man with all the
privileges appurtenant to his position. Such an aberrant
situation not only elevates the accused-appellant’s
status to that of a special class, it would also be a
mockery of the purposes of the correction system.”
Rep.
Romeo Jalosjos was convicted. He is in the correction
system. Sen. Antonio Trillanes IV is still undergoing
trial and presumed innocent until proven guilty beyond
reasonable doubt. He is not yet in the correction
system.
Please
try to keep those facts in their proper order—verdict
first, sentence later—so you don’t spout aberrations
that mock the very foundation of our justice system.
Okay?
Now
here’s the good news.
You are
the winner of the “Sanctimonious Sacrilege” award for
the month of July. You beat out that supporter of Pablo
Garcia who claimed:
“The
secret ballot is the very foundation of democracy. If it
is used to elect all of our officials since time
immemorial, from the President down to the barangay
officials, then it is good enough to be used by
congressmen to choose the House Speaker. Voting by
acclamation or by viva voce, on the other hand, is the
refuge of bribe-givers and horsetraders. Viva voce had
been used to perpetuate tyranny in pseudoreferendums
held during the dark days of the dictatorship.”
His was
a great piece of sanctimonious sacrilege, too—that we
elect representatives, so they can keep their votes
secret from us. However, your line about the “85 million
and counting” nonvoters being superior to the mandate of
11 million voters really takes the cake.
Hugs
first, kisses later,
MB
Buencamino writes political commentary for Action for
Economic Reforms (www.aer.ph). |