Sassy Lawyer Chronicles

Media — local and international — have gone wild with reports about Philippine President Rodrigo Duterte’s cursing allegedly directed at United States President Barack Obama. Did he really call Obama a son of a bitch?

Journalist Lala Rimando posted a transcript of what Duterte said during the forum when the cursing was said to have taken place. It is a transcript, not cherry-picked quotes that media just love to sensationalize, and it is a mix of English and Filipino. International media which relies on translators and which have no inkling about common expressions got it wrong big time.

Personally, I gave Duterte a silent standing ovation when he said, “You know, the Philippines is not a vassal state. We have long ceased to be a colony of the United States. Alam mo, marami diyan, sa mga kolumnista, they look upon Obama and the United States as if we are the lap dogs of this country… You write kung ano nasa isip — the lap dogs of this American. Who is he to confront me? As a matter of fact, he has too many –America has one too many to answer for the misdeeds in this country. Hanggang ngayon hindi pa tayo nakatikim ng apology niyan. That is the reason why Mindanao continues to boil.”

It was the second standing ovation I gave him — the first time was when he called out the United Nations for its hypocrisy.

A first, in both cases. Every Philippine president before Duterte has licked the proverbial American ass to beg for aid, investment and military support. If MAR Roxas had won the presidency, would he have the balls to say what Duterte said in defiance of American intervention? Would Grace Poe, if she had won, sound believable if she asserted Philippine sovereignty in the face of criticism coming from America considering that, as an adult, she chose American citizenship over Filipino citizenship?

Duterte’s refusal to behave like a brown slave begging for crumbs from his white master should please people who fancy themselves progressives / liberals / leftists but they are silent on this particular issue. At least one faction is too busy rubbing elbows with Vice President Leni Robredo. Praising Duterte, even in instances where it is deserved, just won’t look good when the lone agendum is to boot him out and install Robredo, Cory Aquino-style if legal measures like impeachment aren’t practicable.  [Read more…]

From the oral arguments in the Supreme Court relative to the petitions to block the burial of Ferdinand Marcos at the Libingan ng mga Bayani:

Senior Associate Justice Antonio Carpio is convinced, Marcos is not qualified since he was “dishonorably separated” as a President and “dishonorably discharged” as a Commander-in-Chief.

A regulation of the Armed Forces of the Philippines expressly states that personnel who were dishonorably separated or discharged form service are not qualified to be interred at the Libingan ng mga Bayani.

Carpio relates this to the case of Marcos. He explained, Marcos was ousted from office and was removed as the Commander-in-Chief in 1986 Edsa Revolution.

If Justice Carpio said those things as a private citizen, I’d say, “Nice political argument, Sir” (he was my professor in Credit Transactions and, by force of habit, I still call him “Sir”). If we were on the streets, or if we were talking politics over beer or wine, an argument like that would probably spawn even more political arguments and a lively, albeit heated, debate would ensue.

But Justice Carpio is a lawyer and he made those statements in his capacity as justice of the Supreme Court during oral arguments before the Supreme Court itself. Under such circumstances, Justice Carpio’s political argument is out of place. Only legal arguments are acceptable.

Was Marcos “dishonorably discharged” as commander-in-chief? [Read more…]

Four petitions have been filed to prevent the burial of Ferdinand Marcos at the Libingan ng mga Bayani. The Solicitor General invoked AFP Regulations G 161-375 to counter the arguments in the first three petitions — a move that is both expected and predictable.

The fourth petition bases its arguments on RA No. 289 (An Act Providing for the Construction of a National Pantheon for Presidents of the Philippines, National Heroes and Patriots of the Country).

The Solicitor General’s position:

The OSG comment, meantime, pointed out petitioners are proceeding from a “wrong premise;” the OSG argued that the Libingan is not the National Pantheon referred to under RA No. 289.

The OSG insists that there exists no National Pantheon to this day since it was supposed to be erected at East Avenue in Quezon City by virtue of Proclamation No. 431 issued by President Elpidio Quirino on December 23, 1953, which failed to materialize.

That, I think, is an off-tangent position. Proclamation No. 431 merely alloted a parcel of land to implement the provisions of RA 289. It is a presidential proclamation which does NOT have the force of law. The fact that said allotted land was never used for the purpose did NOT have the effect of amending nor repealing RA No. 289. [Read more…]