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thedrifter
01-11-07, 11:15 AM
Friday, January 12, 2007

T.G.I.F
By Rene Saguisag

Respect and honor

Msgr. Pedro Quitario, spokesman of the Catholic Bishops Conference of the Philippines, speaking about the conviction of Cpl. Daniel Smith, said: “It’s about respect for Filipino women. It’s about dignity of the Philippines in the face of rich nations.”

But, two governments insist that US Marines can come, fornicate, cheer on the fornicators, and dump our women, violated, half-naked, on the dirt and enjoy their full protection, including that of iconic Fr. James Reuter, otherwise a great champion and admirer of our womanhood. Are these Marines the poster boys from the Halls of Montezuma to the Shores of Tripoli?

Secretary Niccolo Puno was pitted against our Nicole. Does Ronnie remember the time he was in Erap’s Cabinet? In a calmer time, on December 20, 1999, his then colleague, Justice Secretary Serafin R. Cuevas, issued Department Circular 91 on Guidelines on Criminal Jurisdiction Relative to the Implementation of the VFA. Its letter H.4 is clear that “n case of conviction, the accused US personnel shall be subjected to disposition by the court which may order his confinement or his release on bail or recognizance, if accused personnel should appeal.”

Secretary Cuevas would stand his ground, even in the face of pressure from Erap. His circular came out long before Nicole, and should hot have been lost in the din. The system should have been allowed to have Smith detained some place within its jurisdiction reach. Even bail or recognizance could have been allowed by a court, in the sunlight, not in darkness and in shame.

Erap stood up to Bill Clinton on how to deal with Mindanao. Look what happened to him. GMA is a quick study indeed.

Our Supreme Court takes as ours settled US doctrine: municipal law trumps treaties. As we said from the start, every serious student of the law knows that the State Department merely “suggests,” not imposes, on US courts, in cases with transnational implications. Uncle Jovy Salonga confirms this.

The Solicitor General can’t go to court only to ignore or spit on it. Better if it had not asked the court to authorize to do what GMA would do anyway in the right before a long holiday.

Nicole can only pray in her fight against two governments.

Indeed, “[w]hen it becomes extremely difficult to arrive at a decision, you turn to prayer and wait for a sign and take it as God’s will,” so went the gospel according to Senator Ping Lacson on his decision to run for Manila mayor. The devil made me do it, said Rosebud Ong, referring to Ping, on her own decision to run for the same post. In the end, Ping listened to a higher god, Bedan lawyer Boy Brillantes. Ping ain’t running to be Hizzoner.

A year ago, Ombudsman Merceditas Gutierrez said she would resolve the complaint against Nani Perez in 60 days. Later in the year, she said she would do it before 2006 ended. I wrote to remind her last Monday, following Frank Chavez’s twitting her last week. I need not have bothered. Does she rate three cheers?

Hardly, but it is a start, even if diluted by her Office’s lawyering for others when it says it was only Nani’s money, the $2 million—to distance him from the $12 million “for the Office of the President” Erap had rejected as quid pro quo for a sovereign guarantee he has always been philosophically opposed to.

Ping is right on the nose though in shafting injustice Secretary Raul M. Gonzalez for also criminally sitting on Nani’s case for year’s, as did Ombudsman Sonny Marcelo, and later Ditas Gutierrez. What keeps Raul busy? Does he consult international law scholars like Justice Florentino Feliciano and Uncle Jovy?

A reader e-mailed me: “Did you expect Gonzalez to have read circulars previous justice secretaries had issued? Don’t you notice the piles of documents on his desk? He has no time to read papers submitted to him for his review, what more of circulars issued seven years ago? They have piled up on his desk and credenza because he is literally a laid-back individual, as is obvious from TV footage of his interviews. He has time only for listening to Boy Abunda’s profound counsels or is that only incidental to his monitoring closely Abunda’s co-host Kris Aquino’s latest tactless revelations?

If Ging Ursua and Uncle Jovy are not vindicated, 200 years of jurisprudence, from Marbury V. Madison to date, will have been badly eroded. The judicial may not be dictated to, nor ignored. The Americans may flout the laws of other nations, but we should not, our very own, to keep national and personal honor.

Those in contempt and lawyers who are scofflaws should be spanked. Thank God for Zosino Paredes. We are one coward less, but stuck with one B, sans honor and full of, OK, shame.

The Palace tells Nani, “We are one with you.” The subliminal subtext: “Don’t snitch. Sagot ka namin.” The fact is, he’s finished. The question is: “Magpapaka-dakila ba si

Ellie