12/17/2010
The 19-year tale of blunders  and consequent injustice marks the track of Philippine society, from the  staggering blunder of elite families allowing their children to be  swallowed by the drug culture and involvement (without saying that they  are guilty) in such a heinous crimes (such as the 1997 Chiong sisters  rape-slay in Cebu by scions of powerful families) to the deadly Keystone  Kops or rogue cops character, law enforcement agencies and officers,  through the hoodlums in robes in the nation’s courts; and to top it all,  the supreme blunder of the Supreme Court (SC) in allowing a minority of  seven of the en banc to carry the final day of the almost 20-year-old  Vizconde saga. According to Law professor Alan Paguia, the Constitution,  jurisprudence and decided cases require the majority of eight  concurrences of the en banc to decide a case; and consequently the  prisoners’ release is illegal.
This is not a discussion of the  merits of the Webb case. It is about the cavalier way Philippine society  treats law and law enforcement that bring endless blunders and  injustice upon our society. Our Global News Network show, aired live and  as breaking news as the SC spokesman Midas Marquez’s statements were  being replayed on air, Paguia discussed this salient point of the  Constitution and the law with our other guest, former senator and whom I  call senior statesman Eddie Ilarde: that the concurrence of the  majority of no less than eight SC justice sitting en banc, as  distinguished from a division of three or five, is required for the en  banc decision to be effective. This means that the SC’s seven acquit,  four sustain (for the lower court decisions) and four abstain or  inhibition is actually sustaining the conviction. Vizconde should take  note of this and not blunder on, though the defendants could still  petition for reconsideration.
The hasty order from the SC to the  prison officials to effect the release of the accused is another  disconcerting error that has raised cries of “foul” from the Vizconde  family sympathizers. The normal process would bring the order for  release to the Department of Justice (DoJ) first and from thence to the  prison officials, which would take at least a few days. The  injudiciously hurried release ordered by the SC has raised charges of  bribery from Vizconde supporters, believing the hastiness was compelled  by other than legal considerations. I sought second opinions: four out  of five lawyers said that Paguia’s questions “have merit,” two pointed  out that the question however would be judged by the SC itself if  brought up and would not prosper, and the hasty release was “highly  irregular.” The rest of the country, even Vizconde, has accepted the SC  decision to be gospel truth, thus we continue to be a “blundering  society.”
The blundering media must not be let off the hook. One  of the factors that got the “trial by publicity” of the accused all  stoked up was the ABS-CBN’s once TV talk show host, the late Sen. Rene  Cayetano, who played up the case to build up his own political stock.  The Pasay judge in the Vizconde case showed a penchant to ham up to  media which media lapped up with gusto, and colleagues of the judge  congratulated her upon being assigned the celebrity case the media had  built up and which she could bask in the glory of “hanging” the accused  and gain her ticket to promotions as other “hanging judges” paved their  way to prominence and other careers upon retirement. The media glare  brings out many questionable values in human beings. Even today, the  media show their propensity for idiocy, swallowing like the rest of  society the announcement from the SC as if it were gospel truth and not  raising the questions that should be raised.
The foibles of  media in the aftermath of the Webb release continue, one columnist  lamented “trial by publicity” when he and his newspaper have been the  major “crucifier” by publicity as they did to President Joseph Estrada.  The DoJ is reopening the Vizconde rape-slay case and the media should be  raising the questions, such as: the role of the “drug Indians” and the  NBI which allegedly illegally sprung them and which Sen. Freddie Webb  was investigating, a second set of suspects who were then discounted,  inexplicable lapses in the consideration and care of evidence by the  court and the NBI, etc. It remains to be seen if this time the straight  path to the facts and truth be taken; but after the Hong Thai-Mendoza  hostage-taking and apparent cover-up  are any indication, Philippine  government and society will continue to blunder along — until  revolutionary change imposes a strong moral and ethical culture replaces  what we have today.
(Tune in to Sulo ng Pilipino, Monday,  Wednesday and Friday, 6 to 7 p.m. on 1098AM; watch Politics Today with  HTL, Tuesday, 8 to 9 p.m., with replay at 11 p.m., on Global News  Network, Destiny Cable Channel 8; visit our blogs,  http://newkatipunero.blogspot.com and  http://hermantiulaurel.blogspot.com; P.S. — “10 Minutes Lights Out vs  Power Plunderers,” 7 to 7:10 p.m., Monday nights) 
(Reprinted with permission from Mr. Herman Tiu-Laurel)
Source:  The Daily Tribune
URL: 
http://www.tribuneonline.org/commentary/20101217com5.html