In his book “1984”, written in 1948, George 0rwell imagined a society living under a totalitarian regime. In this setting, newspeak or double speak, in which words were made less complicated and robbed of their nuances, was the rule. The message was the medium. They meant the exact opposite. For instance, peace meant war and truth meant lies.
Arguably, yes thankfully, ours is not totalitarian, but somehow,it feels like there are signs of a dystopian atmosphere.
A week ago or so ,former Sen. Leila de Lima was acquitted by a Muntilupa regional trial court of a charge involving the trade of illegal drugs which allegedly benefited her financially that helped bankrolled her senatorial candidacy. The government’s witnesses against her have all recanted Or their testimonies . They had a common ground: these were falsehoods and fabrications forced via coercion and threat employed by top officials of the previous administration. If the dead could tales, they probably would say the same.
At least, one such official was named. The others possible culprits didn’t require much imagination.
On the day of the ruling, one such witness swore in public before the court of the truth. De Lima would have been a free woman after more than six years of an excruciating ordeal but for the remaining one case that needed to be dismissed. In fact, she only needed to be allowed to post bail to enjoy freedom. Apparently, the court that handles the remaining case needs more time to decide, both her case and the petition for bail.
It was time to celebrate justice at long last for De Lima, even if there is one more obstacle to freedom to hurdle. Count your blessings, and there are reasons to believe the battle could be over soon. There is light at the end of tunnel.
Even Justice Secretary Jesus Remulla did so in his own right. Or so it seemed. He called it a triumph of justice, obviously indirectly calling the attention of the International Criminal Court to the existence of justice in the Philippines, and that its government is willing and able to administer it.
The ICC have earlier insisted to probe allegations of a crime against humanity committed during the war-on-drugs of the previous administration. The ICC is not convinced that the Philippine government is able and willing to do the job. Remulla and other top government officials vehemently opposed it as they believe otherwise. Moreover, the probe is also seen as an insult to the country’s sovereignty.
“There’s no greater tyranny”, said Montesquieu, “ than what is perpetrated under the shield of the law and in the name of justice.
Unsuspectingly, a train was at the end of the tunnel. Alas and alack, a few days after Remulla’s moment of exultation, his prosecutors suddenly filed a motion for consideration on the court ruling. The motion is asking the judge to reverse its acquittal of De Lima and convict her anew. The same person who lauded the acquittal as a triumph of justice is asking the court, through his prosecutors, to say that it was a wrong decision.
The least harm that this new motion can do is prolong De Lima’s agony. The good news:the court can throw the motion out for the simple reason that an acquittal is not appealable or there will be a violation of the Constitutional guarantee against double jeopardy. It is presumed that the judge had the moral certainty that the case against De Lima that robbed her six years of valuable and productive life failed to meet the “beyond reasonable doubt” principle.
But here’s a potential bad news. Even if the judge sticks to his decision, the prosecutors have the remaining legal option to bring the case up to the Supreme Court. That takes time, again. In the meantime, De Lima’s lawyers hope that the court where a petition for bail is pending will rule in her favor ,and as soon as possible. Justice long delayed has already unnecessarily been long denied.
In the meantime, the Department of Justice has dilly dallied in filing a case against Congressman Arnulfo Teves while there were strong indications, from publicities and legislative hearings, that it should have cut to the chase earlier than it did. Due process has taken too long while the government appears unable to bring Teves home to account for his alleged crime.
Ditto with the case of former prison Director Gerald Bantag and his deputy who were charged of murder in connection with the ambush slay of broadcast journalist Percy Lapid who, in a blog ,laughed or lamented at the country’s justice system “in slow motion”.The long arm of the law doesn’t look like that long enough in the arrest and prosecution of lawless but powerful people.
In the Senate, Sen Ronald “Bato” Dela Rosa, went down on his knees and begged suspected criminals to tell the truth in the name of patriotism. To no avail. They were his former men when he was the country’s top cop. Probably , they were responsible, too for the more than 6,000 to 30,000 victims of the war-on-drugs the ICC wants to investigate.
The Senate hearing closed not with bang but a whimer. The elusive truth was invoked in the right to remain silent by the resource persons. Some senators succeeded in abundantly displaying their mastery of profanity and blithe ignorance of ethical conduct. In ancient Rome, the Senate office was meant for men of honor and maturity. Some, however, cloaked daggers behind their robes. In the Philippine Senate, if words and looks could only kill.
Much of the nation waits with guarded optimism how the two Muntilupa regional courts will rule on the new motion to reverse and acquit De Lima anew and her petition for bail and, finally, a dismissal of her remaining case. The Supreme Court will have the last and final say on the matter. Two things are possible. Possibility Number One: Justice will overcome fabrications and false witnesses, the Greek Heraclitus said. Possbility Number Two: In the Halls of Justice, the only justice is in the halls, according to a certain Lenny Bruce. Cross your fingers.
