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Monday, June 27, 2005
Cebu legislator risks party's disfavor
CEBU CITY -- Declaring Representative Clavel Asas-Martinez persona non grata was just a "dramatic" move by her partymates to pressure her to stop making accusations that cheating occurred in Cebu in last year's elections, said two lawyers.
Lawyer Gloria Lastimosa-Dalawampu and former Lapu-Lapu City prosecutor Celso Espinosa agree that making Martinez persona non grata does not have any legal effect on her.
Despite the declaration, no single right of the legislator will be curtailed, they said.
If any at all, it is her privileges and rights in the organization, like committee chairmanship, project funding and other political favors, which could be affected.
Martinez is vice chairperson of the House committee on constitutional amendments. She sits, as a "member for the majority", in 10 other committees as well, including appropriations, energy, local government, foreign affairs and legislative franchises.
"Persona non grata literally means an ungrateful person, which is usually used on foreigners who, after being shown our hospitality, say something bad about our country. But in the case of Martinez, no one can expel her from Cebu," Dalawampu said.
Governor Gwendolyn Garcia, Cebu City Mayor Tomas Osmeña, Provincial Board members, more than 20 towns' officials and Cebu Chamber of Commerce and Industry President Robert Go signed last week a manifesto declaring Martinez persona non grata.
That came after Martinez announced that she has a tape that would show election fraud took place in Cebu in the May 2004 polls.
Garcia has said she will bring the manifesto to President Gloria Macapagal-Arroyo during a meeting Monday.
Martinez (Cebu, 4th district) made the disclosure last week during the House inquiry into the wiretapped conversation allegedly between President Arroyo and elections official Virgilio Garcillano.
Martinez's husband, Celestino Jr., ran but lost to Garcia, a daughter of former governor Pablo Garcia.
Even with the declaration, Martinez stood by her earlier claims that Government Service Insurance System manager Winston Garcia struck a deal with Garcillano to ensure Gwendolyn's victory.
Dalawampu also questioned the propriety of Go's signing the manifesto.
"He is like a square peg in a round hole. He will never fit, no matter how much he will try, because I think this is just an internal political strife among Lakas members," she said.
Go could just have asked his fellow businessmen to sign another manifesto declaring Martinez persona non grata, the lawyer said.
Espinosa, for his part, said the declaration did not lessen or affect Martinez's rights under the Constitution, as it was just a political act.
Those who signed the manifesto, he said, considered Martinez's move as against Lakas party's rules or a breach of conduct among party members.
The only penalty that prevents a person from entering a particular place is "destierro," whereby the accused is deprived of his liberty to enter a particular area for a specified period.
"But destierro is a penalty for a criminal act," Espinosa said.
What is usually affected by the declaration of persona non grata are the rights and privileges extended to a member of an organization or group.
In Martinez's case, her political party Lakas can deprive her of the perks and privileges extended to its members, like committee chairmanship, project funding and other political favors.
"The party should expel her if they want to forfeit all the privileges extended to her. Unless they do that, persona non grata does not carry any legal bearing," Dalawampu said.
Dalawampu, who describes Martinez as "intelligent and a fighter," said she is not surprised that the legislator exposed the alleged cheating in Cebu because her cause "is laced with some emotions."
If it is proven that President Arroyo indeed cheated her way to the presidency, Dalawampu said Martinez will have firmer ground to stand on to continue an electoral protest against Garcia's victory. (GN of Sun.Star Cebu/Sunnex)
(June 27, 2005 issue)
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