Rich man’s justice
>> Monday, September 26, 2011
THE MOUNTAINEER
Edison L. Baddal
BONTOC, Mountain Province -- In the not too distant past, a headline bannered a story about a controversial decision handed by the Sandiganbayan which approved a plea bargaining agreement that was forged between the Ombudsman (under Ex-Ombudsman Merceditas Guttierez) and erstwhile General Carlos Garcia.
Pursuant to the agreement, Garcia returned 138 million pesos to the government. Prior to that, Garcia was charged with plunder before the Ombudsman for having allegedly stolen oodles of money from the military coffers when he was still active in military service. Expectedly, everybody was stumped at the unsettling decision as the magnitude of military corruption triggered by the Garcia plunder case has polarized mainstream society. Garcia’s shenanigans and that of other military top brass like Jose Ligot and Angelo Reyes adduced to and lent credence to the unbridled corruption in the military establishment.
This stark lowdown is constantly causing a simmering flow of discontent among middle echelon officers of the military establishment.
This stark lowdown is constantly causing a simmering flow of discontent among middle echelon officers of the military establishment.
No less than a stunning victory for General Garcia, the people (as always) have been screwed up again for the umpteenth time by a cur in the checkered history of endless corruption in Philippine bureaucracy. Perforce, it was a resounding debacle for the government that fought tooth and nail to recover completely the lucre stashed by Gen. Garcia and members of his family in banks here and abroad.
Notwithstanding a motion for reconsideration immediately filed by the government against such unwarranted agreement, Garcia is surely exulting over a double whammy as he has been virtually exonerated by the Sandiganbayan even as he was able to keep half of the loot. Such fortune handed on a silver platter, so to speak, defies the imagination as Garcia could have never earned such wealth even as a general for three or more lifetime.
Even unacceptable, if unconscionably nerve-wracking, is the fact that such kind of fortune seemed to have been clothed with legality by the controversial agreement. It could be that a huge sum of money changed hands which is not far-fetched considering the range of corruption in government. As of now, the government is licking its wound over such huge mortification as it is a big setback in its perfervid campaign to stamp out graft and corruption in all government processes, procedures and systems.
Not so far back, Hubert Webb, scion of Ex-Senator Freddie Webb, was released from jail by the Supreme Court after 15 years of incarceration for the charges of rape and murder committed two decades ago. A mere technicality involving the legitimate ownership of a crucial physical evidence facilitated his release including his cohorts in the crime. Another high profile case involving a moneyed person is that of Senator Lacson who went on a lam for more than a year to escape arrest when he was implicated in an alleged murder case committed in 2000.
The court junked the charges against him lately which forced him to surface out of hiding. Likewise, Imelda Marcos has been winning a slew of cases of graft and corruption charges leveled against her in the not too distant past during the heyday of the Marcos dictatorship. At this time, she is having the time of her life living out her salad days once more after having had herself elected as a Congresswoman of Ilocos Norte in 2010.
More recently, the Supreme Court en banc recently declared the 20 percent shares of Eduardo Cojuangco in the San Miguel Beer, Inc as private in nature. This is complete turnaround from a previous decision issued by a division the Supreme Court which declared the same shares as public in nature so it offered hope to the coconut farmers of a small windfall from the decision which was widely believed to have been derived from the coco levy funds which were collected from the destitute farmers way back in the ‘70s by the rapacious Marcos government. Same fund is widely believed also to have been used by Eduardo Cojuangco, Marcos wealthiest crony, to put up the United Coconut Planters Bank (UCPB).
The disputed 20-percent shares is believed to have emanated from the UCPB and invested by Eduardo Cojuangco in the SMBI. This then dashed the hopes of thousands of coconut farmers who hoped to recover their investments in the coco levy fund. Cojuanco’s huge money was able to fully turn around the Supreme Court’s first decision.
At this time, the moneyed Ampatuans, who are charged with the grim killing of 57 persons, including 30 journalists on November 23, 2009, are being defended by some of the best legal minds in the land. They are awash with cash to pay such lawyers in order to buy back their freedom. With the above cases as a template, it is not a far-fetched possibility that they might yet get off the hook by a mere technicality.
If anything, being awash in cash is a potent leverage for a rich man accused of a crime, particularly heinous crimes, to wriggle out of a case. This is so as hiring a brilliant, calculating lawyer (who have a lot of machinations up their sleeves) does not come cheap. Corrollary to this, a philosopher once stated ( pertaining to love) that “Money speaks for one moment what the most eloquent lover could say in a minute.” As a metaphor in celebrated cases like the above, a rich man accused of a crime is oftentimes able to escape conviction having enough wherewithal to pay brilliant if unscrupulous lawyers.
The only downside to this lowdown is that it is sending the wrong message that crime does pay if you have money to escape conviction.
Notwithstanding a motion for reconsideration immediately filed by the government against such unwarranted agreement, Garcia is surely exulting over a double whammy as he has been virtually exonerated by the Sandiganbayan even as he was able to keep half of the loot. Such fortune handed on a silver platter, so to speak, defies the imagination as Garcia could have never earned such wealth even as a general for three or more lifetime.
Even unacceptable, if unconscionably nerve-wracking, is the fact that such kind of fortune seemed to have been clothed with legality by the controversial agreement. It could be that a huge sum of money changed hands which is not far-fetched considering the range of corruption in government. As of now, the government is licking its wound over such huge mortification as it is a big setback in its perfervid campaign to stamp out graft and corruption in all government processes, procedures and systems.
Not so far back, Hubert Webb, scion of Ex-Senator Freddie Webb, was released from jail by the Supreme Court after 15 years of incarceration for the charges of rape and murder committed two decades ago. A mere technicality involving the legitimate ownership of a crucial physical evidence facilitated his release including his cohorts in the crime. Another high profile case involving a moneyed person is that of Senator Lacson who went on a lam for more than a year to escape arrest when he was implicated in an alleged murder case committed in 2000.
The court junked the charges against him lately which forced him to surface out of hiding. Likewise, Imelda Marcos has been winning a slew of cases of graft and corruption charges leveled against her in the not too distant past during the heyday of the Marcos dictatorship. At this time, she is having the time of her life living out her salad days once more after having had herself elected as a Congresswoman of Ilocos Norte in 2010.
More recently, the Supreme Court en banc recently declared the 20 percent shares of Eduardo Cojuangco in the San Miguel Beer, Inc as private in nature. This is complete turnaround from a previous decision issued by a division the Supreme Court which declared the same shares as public in nature so it offered hope to the coconut farmers of a small windfall from the decision which was widely believed to have been derived from the coco levy funds which were collected from the destitute farmers way back in the ‘70s by the rapacious Marcos government. Same fund is widely believed also to have been used by Eduardo Cojuangco, Marcos wealthiest crony, to put up the United Coconut Planters Bank (UCPB).
The disputed 20-percent shares is believed to have emanated from the UCPB and invested by Eduardo Cojuangco in the SMBI. This then dashed the hopes of thousands of coconut farmers who hoped to recover their investments in the coco levy fund. Cojuanco’s huge money was able to fully turn around the Supreme Court’s first decision.
At this time, the moneyed Ampatuans, who are charged with the grim killing of 57 persons, including 30 journalists on November 23, 2009, are being defended by some of the best legal minds in the land. They are awash with cash to pay such lawyers in order to buy back their freedom. With the above cases as a template, it is not a far-fetched possibility that they might yet get off the hook by a mere technicality.
If anything, being awash in cash is a potent leverage for a rich man accused of a crime, particularly heinous crimes, to wriggle out of a case. This is so as hiring a brilliant, calculating lawyer (who have a lot of machinations up their sleeves) does not come cheap. Corrollary to this, a philosopher once stated ( pertaining to love) that “Money speaks for one moment what the most eloquent lover could say in a minute.” As a metaphor in celebrated cases like the above, a rich man accused of a crime is oftentimes able to escape conviction having enough wherewithal to pay brilliant if unscrupulous lawyers.
The only downside to this lowdown is that it is sending the wrong message that crime does pay if you have money to escape conviction.
What could have caused this series of legal snafus for the government? Is it a case of sloppy handling by the government lawyers of the cases? Is it a case of government lawyers being outsmarted by pettifogging but brilliant and well-prepared private counsels of the celebrated accused? Or does both factor in the losses incurred on such high- profile cases by the government? Various speculations could be brought to the fore vis-a-vis the cases but the fact remains that most oftentimes government lawyers are outwitted by private counsels of the celebrated accused.
It is common knowledge that moneyed people usually hire the most brilliant lawyers in the land so as to wangle a favorable decision from the courts even by the merest technicality. Seasoned and brilliant lawyers know too well the cold neutrality of judges in courts in handling cases particularly the fastidious appreciation of evidences. Unwittingly, the cold neutrality of judges in the appreciation of cases in most instances provides an escape valve for a rich criminal to go scot-free. In fact, there might be a grain of truth to the assumption that justice in the Philippines is unfavorably skewed towards the affluent. This being so as in our country, the poor, who are deprived in many aspects can never afford to hire brilliant lawyers and are oftentimes the victims of injustice unless divine intervention occurs.
Somehow, a system should be evolved and institutionalized in our justice system for the law to have more consideration and compassion for the poor to realize that famous Magsasayesque dictum that “Those who have less in life should have more in law.” It is about time that the government should pay heed to the persistent clamor of the poor to have more justice under the law to make up for their material deprivations. A fool-proof system to be evolved for this will make justice a leveller aside from sickness, death and taxes.
It is common knowledge that moneyed people usually hire the most brilliant lawyers in the land so as to wangle a favorable decision from the courts even by the merest technicality. Seasoned and brilliant lawyers know too well the cold neutrality of judges in courts in handling cases particularly the fastidious appreciation of evidences. Unwittingly, the cold neutrality of judges in the appreciation of cases in most instances provides an escape valve for a rich criminal to go scot-free. In fact, there might be a grain of truth to the assumption that justice in the Philippines is unfavorably skewed towards the affluent. This being so as in our country, the poor, who are deprived in many aspects can never afford to hire brilliant lawyers and are oftentimes the victims of injustice unless divine intervention occurs.
Somehow, a system should be evolved and institutionalized in our justice system for the law to have more consideration and compassion for the poor to realize that famous Magsasayesque dictum that “Those who have less in life should have more in law.” It is about time that the government should pay heed to the persistent clamor of the poor to have more justice under the law to make up for their material deprivations. A fool-proof system to be evolved for this will make justice a leveller aside from sickness, death and taxes.
0 comments:
Post a Comment