True colors

SEARCH FOR TRUTH  Ernesto P. Maceda, Jr

The Constitution bestows Senatorial immunity. The Courts have evolved a rule on Presidential Immunity. The House Committee on Justice (a.k.a. the De Lima Posse) has granted convicted felons blanket witness immunity. At the rate these immunities are floated and flouted by our officials, should we still wonder how “certainty of punishment” has ceased to be an effective deterrent to breaking the law?

SILVER. The silver lining to the whole sordid affair of the De Lima hearings is really the decision of Sen. De Lima to file a case against President Rodrigo Duterte to “test” the limits of Presidential Immunity. This may appear to others as an act of desperation or a feint to sidetrack the investigation. To the legal community, however, it is a welcome opportunity to debate a doctrine that is far from settled in the Philippine context.

Presidents are held to account for the consequences of their acts before three kinds of courts: (a) impeachment court; (b) the court of public opinion; and (3) regular courts. Presidential immunity temporarily protects the Chief Executive from suit in the regular courts. This concept of immunity, however, does not appear anywhere in our Constitution nor in statute. As we said at the outset, it is judge made law.

Furthermore, Presidential Immunity, whether styled as absolute or qualified, is understood to apply only to (a) civil damages cases and to (b) “official acts” of the President.

Courts, both here and abroad, have sought to justify the continuing utility of this doctrine principally on a separation of powers analysis and on policy considerations. Locally, in Soliven v Makasiar (the President Cory “hiding under the bed” case), the Supreme Court explained:  “(t)he rationale for the grant to the President of the privilege of immunity from suit is to assure the exercise of Presidential duties and functions free from any hindrance or distraction, considering that being a Chief Executive of the Government is a job that, aside from requiring all of the office-holder’s time, also demands undivided attention.”

In the US, a unanimous Supreme Court did not dismiss civil cases filed against Presidents Clinton and Bush. Worldwide, the trend is to abandon this anachronistic rule. With more reason should it be subject to serious review in the Philippines with our 1987 Constitution’s emphasis on public policy as a public trust. This explains Senator De Lima’s audacity to test it. First to fall under this heightened accountability climate was the Aguinaldo condonation doctrine for lesser executive officials. As judge made law, Senator De Lima is betting that Presidential Immunity can be judge unmade.

GOLD. As the new NBA season begins, my brothers and I should be excited about the team we have supported for the past 28 years. A superteam, the Golden State Warriors. But it is also a painful reminder of the last game of last season. Game 7. Not because Golden State lost to Cleveland, but because it was played on June 20 in Manila, the day our father died.

Like most Filipinos, Ernie Maceda was a basketball fan. He rooted for Meralco in the 60s, Crispa in the ’70s and, obviously, Ateneo over La Salle his whole life. During his years in the US in exile, he was originally a fan of the Boston Celtics dating back to when he studied at Harvard. But over the last 20 years, triggered by his oldest son moving to San Francisco, he became a fan of the Warriors. On that fateful weekend of June 19 in the ICU at St Luke’s Hospital, he had a Warriors shirt with him and was looking forward to watching the game Monday morning Manila time.

Many of us expend so much of our time and energy as sports fans. Some would have us focus on more urgent issues. But team sports teach many important values – playing for victory, and losing with grace.  Teaming with others to achieve a common goal through hard work and practice and taking advantage of your God-given talent.

Rooting for sports among Filipino families is a type of glue – it creates bonds of connectivity – in the diaspora of Pinoys around the world. SMS, Viber, Facebook, What’s app – allow family members and friends from around the world to feel like a big family following sports together. Husbands and wives, apos to lolas – even relatives fighting with each other will call a truce to watch a sports event. A Pacquiao fight, a UAAP game.

In the last few years with the transcendent emergence of Steph Curry and the Warriors, our family was no different. Golden State became our team. And Dad was right there – a phone call or text from him would start with an analysis of Steph or Klay’s shooting performance or a complaint about their defense.

So here we are with the Warriors super team getting ready for 2016-1017. We added another superstar in Kevin Durant to join with Steph, Klay and Draymond. Durant has said that if the Warriors had won Game 7, he would not be on this team.

My brother Manny was in the air during Game 7 flying home to reach my ill father. We never got to watch the game and probably never will. We knew that while it was going on that my Dad and his doctors were in a more important battle to save his life. He would lose that game too. But we will watch the upcoming season, don our true colors, share stories and messages with our family and know that wherever he is our Dad will still be with us, rooting along. Go Warriors!

BLUE. The Ateneo Law Alumni Association Inc. cordially invites all alumni of the Ateneo Law School (ALS) to attend this year’s grand alumni homecoming at the Shangrila at the Fort Grand Ballroom on Friday, October 21. The event, hosted by ALS Batch ’92, is entitled “Rhythm & Blue.” This year’s jubilarians are Diamond Batch ’56 (my father’s batch), Gold ’66, Ruby ’76 and Silver ’91.