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Opinion

Undue publicity

A LAW EACH DAY (KEEPS TROUBLE AWAY) - Jose C. Sison -

Recent turnout of events really caused great disappointments and crippling discords among most of us Filipinos. And this is because of too much media build up of image and expectations by the people concerned.

The first event is the Manny Pacquiao-Juan Manuel Marquez grudge fight. Before the bout, Pacquiao handlers frenziedly bombarded media from day one of his training on his rigid preparations for the match showing his much vaunted speed and stamina. The pre-fight media coverage was so extensive such that the odds favoring him to win both here and abroad became so overwhelming. By fight time almost everybody expected Pacquiao to maul Marquez if not KO him in the early rounds. So even if Pacquiao really won the bout by majority decision, a big number of Filipinos were nevertheless disappointed because the fight turned out to be so close as to cause some boxing aficionados to believe Marquez won, or that the bout ended in a draw. Excuses and explanations that usually come from the loser were even offered by the Pacquiao sympathizers to justify his victory. This is what happens when there is excessive publicity and PR that raise people’s expectation.

The second happening is worse. It is about “L’ affair Arroyo”, or the series of events unfolding around former president Gloria Macapagal Arroyo with a cast of characters involving not only Arroyo herself, but also the P-Noy government particularly his Secretary of Justice Leila de Lima, and lately even the Supreme Court itself.

Almost from day one of his administration P-Noy has publicly avowed his resolve to investigate and prosecute the many reported acts of lying, cheating and stealing committed by Arroyo when she was in power. He even created a Truth Commission to undertake this task, except that it was aborted by the Supreme Court on constitutional grounds. Thus he just had to rely on existing government departments particularly the Department of Justice (DOJ) and its agencies headed by Secretary de Lima, and lately, the Office of the Ombudsman headed by Conchita Carpio-Morales who was appointed by P-Noy when the Arroyo appointed Ombudsman Merceditas Gutierrez was forced to resign after being impeached by the Lower House and before being tried by the Senate.

De Lima performs her job in a very high profile manner. She invariably calls press conferences to announce her moves or issue news worthy press releases about them. Thus when the 2004 electoral frauds and acts of plunder allegedly committed by Arroyo and other former officials were unearthed, she called several press conferences informing the people about them and the progress of their investigations to the extent of parading the witnesses who volunteer to testify. The contents of their affidavits are even aired publicly even before the start or during the preliminary investigations conducted by joint task forces and investigating committees created for the purpose.

Such high profile handling of the frauds and other high crimes allegedly committed by Arroyo and her cohorts obviously results in trial by publicity, wherein Arroyo and his group are already convicted before the bar of public opinion even prior to the charges being filed in court, thus raising people’s expectations that eventually they will be appropriately punished. On the other hand it also enables the Arroyos to prepare for their defense or think of ways and means to delay or even elude the possible charges in court and their inevitable punishment; or gives them the opportunity to share the limelight by sparking controversies generating undue publicity. In this way they expect to regain public sympathy by picturing themselves as being persecuted instead of being prosecuted.

This is exactly the spectacle happening now. Arroyo is taking advantage of her alleged sickness as an excuse to get out of the country by invoking their constitutional right to travel. Apparently Arroyo knows that whether seriously sick or not, she and her companions may be allowed to go abroad because there are yet no charges filed in court against them either by De Lima and her team of investigating prosecutors, or by the Ombudsman.

So De Lima had to take drastic steps for fear that she may disappoint the people in their expectations to see Arroyo in jail as she may seek asylum in another country. To remedy the delay in the preliminary investigation and in the filing of the appropriate charges in court, she issued the constitutionally questionable “watch list order” (WLO) prohibiting the Arroyos to travel pending the preliminary investigation of the cases. Then when the Supreme Court (SC) issued a Temporary Restraining Order (TRO) enjoining her to implement the WLO effective immediately, she defied the SC by claiming that the TRO is not yet effective against the WLO because of their pending motion for its reconsideration by the SC. De Lima’s novel argument in effect considers the TRO already a “Permanent” Restraining Order (PRO) which, under the rules, is the one not really effective yet until the motion for its reconsideration is resolved with finality.

Of course De Lima gained a lot of media mileage with her bold and novel but absurd move defying the SC, the highest court of the land. In so acting however she plunged the country into a deep constitutional crisis by demeaning the very institution charged with upholding the Constitution and the rule of law, thus sowing more serious discord and dissension.

Unfortunately the Arroyos’ PR move also boomeranged on them. They seemed to be so eager to leave the country and so sure that the SC would issue the TRO by booking a flight even before it was officially announced, thus betraying their intention to really flee from justice and escape prosecution. Even their seemingly pathetic appearance at the airport looks scripted just to generate public sympathy. Sadly they only reaped more derision and hatred. As it is now turning out, their trip was not really that urgent so they could just have waited until all questions on the TRO have been resolved. After all it will more likely be resolved in their favor.

With due respect, perhaps the SC could have also eased the tension by issuing the TRO after hearing the government’s side first. Indeed there would have been less dissenting opinion if both sides were heard first before issuing the TRO. November 22, 2011 which is the date set for hearing of arguments on both sides is not so far off.

Clearly these are events that would not have caused so much disappointment and discords were it not for the undue publicity. There are other more important matters needing our country’s attention.

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vuukle comment

APPARENTLY ARROYO

ARROYO

CONCHITA CARPIO-MORALES

COURT

DE LIMA

DEPARTMENT OF JUSTICE

EVEN

P-NOY

PACQUIAO

SUPREME COURT

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