Monday, January 21, 2008 Nalzaro: Gubalane’s sense of delicadeza By Bobby Nalzaro Saksi
THE cat is finally out of the bag, so to speak. I am referring to the issue of Cebu City Assistant and Reviewing Prosecutor Fernando Gubalane, who reversed the panel’s ruling and recommended the filing of libel cases against fellow journalist ABS-CBN news anchor and The Freeman columnist Leo Lastimosa.
Modesty aside, it was I who first raised the issue in my column last week about Cebu Gov. Gwendolyn Garcia’s endorsing Gubalane to the post of regional state prosecutor. Earlier, Gubalane consistently refused to comment on the matter. But he was forced to admit it when The Freeman and radio dyLA judiciary reporter Fred Languido obtained a hard copy of the endorsement from the Department of Justice. Gubalane said, ‘Aw, mao na na tanan imong gisuwat.’
I cannot blame Gubalane for soliciting endorsements from powerful and influential politicians, including the governor, because it’s normal for anyone aspiring for a government position. It’s who you know that matters. Well, I know that Gubalane is highly qualified for the position.
But the issue here is not the endorsement. The issue is Gubalane’s sense of “delicadeza.” It’s immaterial whether he asked for the endorsement before or after he recommended the filing of the case of Mr. Lastimosa to court. If he asked for the endorsement from the governor before he resolved the case, we can view it as a “pa-pogi point” on his part. If he asked for it after the recommendation, then we can interpret it as an “utang na loob” (an act of gratitude). Gubalane should have inhibited himself from reviewing Lastimosa’s case out of “delicadeza.” He shouldn’t have waited for the respondent to file a motion for inhibition.
“Delicadeza” is a Spanish term that means daintiness. It is defined as an act of being refined or delicate in tastes or manners. But in simple terms, it commonly refers to a sense of propriety or how to behave rightly in all circumstances. It is in essence an etiquette that was passed on to us as a legacy of Spanish colonization.
The Filipino moral value is all but lost in today’s generation. Today, anyone it seems can be bought for a price not just in politics but in all aspects of life; be it in education, religion, social mores and daily dealings of the common people. Other Asian countries have their own counterpart of this moral value. In Japan, it is called the Code of Bushido, where honor, self-discipline, bravery and simple living are incorporated in the people’s daily lives.
Any hint of misgiving or doubt, much less scandal or abuse of power, whether true or not, that besmirches a person’s good name is dealt with accordingly.
That person usually withdraws from public office or position of authority, preferring to resign rather than dishonor his family’s name and reputation.
Reacting to the issue, the governor said, “Why single out my endorsement when other politicians also endorsed?” Well, simple Madam Governor.
Because you are the complainant in this case. Otherwise, there would have been no fuss. Capitol lawyer Rory Jon Sepulveda said that there’s nothing wrong with the endorsement. Everybody is asking for one. I agree. But in the case of Gubalane, he should have had the delicadeza to inhibit from the cases to avoid public suspicion, and he wouldn’t have to defend his integrity.
Even if Gubalane insists that his recommendations had nothing to do with the governor’s endorsement and the reason he recommended the filing of the cases was the presence of probable cause, who will believe him? From now on, all his resolutions will be tainted with suspicion, especially if his political patrons are involved. What a shame.
