Two news items recently attributed as pronouncements of Cebu City Mayor-elect Tomas R. Osmeña made me squirm on my seat. Being an ordinary citizen mindful of the rule of law, I felt disturbed by the possible impacts of these reports on society's perception of our established legal system. I hope that I am wrong in my viewpoint and that is why I share with you my thoughts.
The first news was about the bail of Mr. Adonis Dumpit. Per media reports, we knew that Mr. Dumpit was charged with the crime of murder but he was found by a court of law to be criminally liable only for homicide for the death of one Ronron Go. His criminal conviction, arrived at after a very careful and judicious evaluation of the evidence at hand, led to the imposition of a penalty of imprisonment.
A part of our judicial system though affords the process of appeal to everyone who feels that the judge may have erred in the evaluation of facts as applied to the law in his case. Mr. Dumpit appealed his conviction and the appellate court is still reviewing his case. Also, while the case is on appeal, an appellant, like Mr. Dumpit, can apply for bail pending appeal. It appears from news account that this is what Mr. Dumpit did. He petitioned for a temporary liberty which the appellate court apparently granted.
I do not have quarrel with the process of moving for bail pending appeal, as resorted to by Mr. Dumpit and his counsel. That was perfectly procedural and in fact, if I were his lawyer, I would have probably done the same. With the court granting him the leave to post bail pending appeal, it should follow that Mr. Dumpit could enjoy temporary liberty after putting up the required bail. If it would be difficult for him to raise that kind of money required by the court, any person could extend help to Mr. Dumpit. As reported, it was Mayor-elect Osmeña who gave the needed sum, (was it P250,000.00?) so that Mr. Dumpit would be able to walk freely, albeit temporarily, out of prison.
The case which Mr. Dumpit faced was entitled People of the Philippines versus Adonis Dumpit. The nomenclature People of the Philippines was necessary because while he was accused of killing Ronron Go, his act was theoretically a wrong against the people of this country. His crime was not only against the person of Ronron Go but a breach of peace inflicted against the whole community. The suppression of crimes is done under the sovereign authority of the People of the Philippines.
Mayor-elect Osmeña may be a friend of Mr. Dumpit. In that situation, a friend in deed, being a friend in need, he could and should help the appellant in the latter's hour of need. But, he too is our mayor-elect. In his exalted position as the chosen chief executive of the citizens of Cebu City, he must be theoretically on the side of the People of the Philippines. In that case, the offense allegedly committed by Mr. Dumpit, and for which he was adjudged guilty by the Regional Trial Court, was a case against the people. If perhaps, Mayor-elect Osmeña were an ordinary citizen, and not holding a high position in government, he could post that bail of Mr. Dumpit. But, again, Osmeña is our mayor-elect and he is not just an ordinary citizen!
The second report travels along parallel principles. Mayor-elect Osmeña has been reported to offer a reward to the police for killing a druglord, robber, or any other criminal. In a manner of speaking, he has issued a license to kill to our uniformed men. But, search the whole criminal justice system in our democratic regime of government and you will never find anything that leads to a license to kill. In other words, there is no such a thing as license to kill. Killing is never licensed. Not even if it is perpetrated by a man in uniform.
Anyway, who determines that a person is a drug lord, a robber or any other criminal? As the reports seem to portray, it is the policeman, who has used his gun to kill someone, who decides that such a person is a criminal. No court of law is involved. The policeman has then become the judge and the executioner. This is an obvious disregard of the rule of law. And that is why I am disturbed. You too, must be.