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Thursday, May 22, 2003
Editorial: Derailing Erap’s trial
The new lawyer of Joseph Estrada, an Ateneo de Manila law professor named Allan Paguia, has come to the rescue of the former president by
raising before the Sandiganbayan the question of jurisdiction.
In what he calls a novel issue, Paguia has asked the anti-graft court, where Mr. Estrada is facing the charge of plunder, to dismiss the case because the former president, he says, can be tried only in an impeachment proceeding. His theory is that Mr. Estrada has not lost his seat of office and is still the president of the country.
To be sure, it is not a new theory. That was argued before and set aside in previous stages of the case: at the ombudsman and before the presentation of evidence at the Sandiganbayan.
This is not to say that President Arroyo’s assumption of power is without any shadow of constitutional doubt. The issue, however, has been decided by the Supreme Court.
Paguia can try to disturb the settled point and the Supreme Court might look at the issue again. The Supreme Court could be curious to see if the lawyer really has arguments “not raised before.”
Once the Supreme Court, however, rules against Paguia “with finality,” that is the end of it. A bedrock of the legal system is the nature of the decision of the Supreme Court. Paguia knows only too well that the Supreme Court “is final not because it is infallible but it is infallible because it is final.” Any other rule will subvert the system.
If Paguia and his client believe an adverse ruling against them will incite the people to rise in tumult, they better think again.
Many people are fretting over the tactics delaying Mr. Estrada’s opportunity to show that the charges against him are not true.
A nagging complaint of the former president from impeachment trial onwards was about not getting his chance to disprove the plunder charge. Now that he’s given his day in court, he shuns it by rejecting the court.
Instead of derailing the trial, Mr. Estrada should present the evidence that he thinks will acquit him.
Lot of good from Cerna
Dr. Jesus Cerna won’t be as bitter as he is if he considers that his job of police medico-legal officer, especially in high-profile cases, can be the subject of intense scrutiny.
We are even amazed how he has gone through 32 years in service without facing an earlier incident equivalent of his present ordeal. Did the media fail in its work or was he just extremely careful?
His handling of the case of a 51-day-old baby of a Japanese national and his Cebuana wife invited public attention because of an apparent lapse. He failed to note in the death certificate the bruises on the child’s body.
Dr. Cerna must also consider that the scrutiny is not yet a judgment. An investigation still has to determine if it was gross negligence or an honest mistake that didn’t do much damage.
Media can be noisy and harsh but eventually, if one is well intentioned and truthful, one is soon vindicated.
With his experience in public service, Dr. Cerna should realize that heat is part of the work environment. Parrying the questions and criticisms is a requirement of survival and success.
His superiors can inquire into the case, not to fix guilt or innocence but whether it is fair to accept his resignation.
PNP officials must remember the lot of good the doctor has done.
(May 22, 2003 issue)
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