Contretempt

The next chapter in the saga of embattled Wesy Quisumbing came last Friday, when the Presiding Judge of her case ordered all three lawyers jailed for direct contempt.

This case is the most sensational to have hit the city in years, seeing as it involves sex and money. No, I don't mean a tawdry sex scandal, it's really more the fact that Wesy is transgendered, and has undergone the whole surgical procedure route to officially change her former physical sex. The money part, of course, is the enormous wealth the family controls, and the suit Wesy filed against her parents for recognition not only of the fact that she controlled the family's business empire for a couple of decades, but also her status as their beautiful child, the little girl they always wanted. (Ok, I'm exaggerating. But sometimes it's real fun.)

The transgendered community has already taken its position on the case - natch, they rallied around Wesy. (I wonder what it would take for them go against their 'brethren'). As for the Catholic faith, the press hasn't sensationalized their position yet - we'll probably just have to wait until something more significant comes (like Wesy winning her case) before we can expect what looks like a position to issue from within their bowels.

Meanwhile, here we are with three lawyers who have taken up the cause of Wesy. From their photos, they all look perfectly straight. Nothing to indicate that they were chosen on the basis of sexual preference. Which is probably a good strategy for Wesy - if she had chosen lawyers who were also transgendered like her (not that I know if any exist), it might have been hard for them to argue her case.

Just one foot stepped in the courtroom in open-toed spike heels, and that might have already landed them in jail. No need to open their lipsticked mouths - knowing how strict some judges are with respect to the dress code in their courts, cross-dressing counsel might not even have time to speak.

In any case, that didn't happen to this counsel. What they did was, they asked the presiding judge to recuse himself on the basis of perceived bias. Note that I said perceived, because I don't want to be cited in contempt myself.

According to the news reports, they had alleged that the judge used to be a lawyer for the corporations of the father of Wesy, and so he couldn't be expected to be neutral.

This allegation apparently incensed the judge, and there you have it - last Friday, they were cited in "direct contempt without bail."

Off they were sent to jail. Or they should have been, but from the news reports, it seems they were actually allowed to traipse around looking for somebody to relieve them from the jail sentence hanging over their legal necks. First, they were allowed to go to the chambers of the Executive Judge. When that didn't work, with sheriff in tow, they next went clear across the city to where the Court of Appeals is located, there to file a petition. Then they were also allowed to go to some other courtroom to use a typewriter and bang out an apology letter to the judge. Then, they go back to the judge's chambers at 5PM to seek reconsideration.

That's really strange, for somebody ordered imprisoned to be allowed to flutter to and fro. It's probably the respect which the sheriff accorded to the three members of the Bar, and a courtesy afforded to allow them to exhaust all possible remedies before the clock struck five. I wonder what the sheriff would have done if they had gone straight to the airport to catch a flight to Manila. Would he have escorted them as well?

In any case, I'm sure over the next few weeks, we'll see the usual commentary from the legal luminaries. We'll see lectures about the power of contempt (and how it's supposed to be wielded very carefully). Probably, some people will analyze whether there's such a thing as a non-bailable contempt order.

But let's not get side-tracked by these diversions - the real show is Wesy's cause. Let's hope the case delivers rulings from the judiciary that enrich case law on transgenders, and allow more concrete pronouncements on their rights. (And of course, let's hope the case doesn't land in the salas of idiots like that justice who once said lesbians are immoral.)