Diplomatic protest not an act of war

If your legal point is firm, pound on the law; if infirm, pound on the table. Patriots advised Malacañang to protest China’s militarization of disputed seas. The Palace spokesman thumped the table. Calling them “pro-US,” he mocked them to go invade China and perish. Argumentum ad hominem et absurdum.

As a lawyer the spokesman should urge peaceful recourse to law, never bloodshed. Diplomatic protest is one such legal recourse. Friendly states frankly do it to convey and settle differences. “Ang nagsasabi ng tapat ay nagsasama nang maluwat,” the Tagalogs say. Japan routinely protests China’s maritime incursions, and China Japan’s whitewashing of war atrocities. Their tourism exchanges grow by the tens of millions. Vietnam loudly protests China’s maritime incursions, and China Vietnam’s anti-Sino riots. China is Vietnam’s foremost foreign investor, and Vietnam China’s top ASEAN trade partner.

International arbitration is another way. Through it Manila legally won big against China’s grab of Mischief Reef in 1995, Scarborough Shoal in 2012, and six more reefs in 2014. The victory showed that nations need not resort to war. It needs proper asserting, though. After such a triumph Nicaragua lobbied in the UN for United States recompense for mining its harbors. The latter gave $500 million in aid, $170 million more than the arbitral award.

Protests and arbitrations beget esteem, as they ultimately reinforce states’ ties. No country respects a fawning neighbor, aware how fast the latter can switch sides. It will promise investments, but actually send only e-gamblers.

Did mere contrary view provoke the spokesman? Beijing has been inflaming the South China Sea, where $5 trillion in world commerce flows each year. It illicitly, ruinously concreted the seven reefs into fortresses. It next put in missile pads and signal jammers, and landed military air transports. A Chinese military chopper buzzed to swamp with seawater a Philippine Navy rubber boat re-provisioning Marines on Ayungin Shoal. Bombers were landed too in the contested Paracels near Vietnam, likely for replicating on airstrips in three of the occupied Philippine reefs. Patriots asked Malacañang to use the UN arbitral ruling for world sympathy. As well, to put on record Manila’s unease with Beijing’s escalating bellicosity. Through might of right Manila can assure regional peace. No hidden agenda, only the greater good. The foreign office chose to be silent, construed by Beijing as consent. For good measure, the Palace spokesman taunted the patriots.

In the spokesman’s circle, to confront China would lead to trouble. That’s so un-lawyerly. It’s like saying, to confront a squatter would stir up trouble, so forget the law, the enforcers, the heirs’ inheritance rights, and let the squatter be. The spokesman is said to have mastered international law and its enforcement.

*      *      *

Until four years ago businessman Delfin Lee was flying high in real estate. Suddenly the Home Development Mutual Fund clipped his wings for alleged P6.6-billion fraud. Indictment unproved, the trial and appeals courts consequently absolved him. Yet he has remained in jail since 2014, as the Supreme Court keeps postponing review of his case.

Talk about slow justice, Lee’s lawyers sigh. The justice department and HDMF had asked the SC to overturn Lee’s acquittal. Swiftly the SC granted their petition to keep him locked up pending case resolution. But 22 times the SC reset its en banc deliberations on it: June 23 and Sept. 22, 2015; Jan. 12, June 14, July 12, Sept. 13, Sept. 27, Nov. 15, and Nov. 29, 2016; Feb. 28, June 20, July 4, July 11, Aug. 15, Sept. 19, Nov. 21, and Dec. 5, 2017; Jan. 16, Feb. 20, Mar. 6, Mar. 20, and Apr. 17, 2018. Lower courts can be punished for delays of that sort.

The HDMF had charged Lee with non-bailable syndicated estafa. Purportedly his Globe Asiatique raked in P6.6 billion by double-selling middle-class homes built starting 2009 in two sites in Pampanga. Supposedly victimized were thousands of HDMF’s Pag-IBIG housing borrowers. The story was all over the papers in 2012. Curiously in the ensuing case HDMF neither mentioned the astounding amount, nor sent Lee any demand letter. Twenty-eight delinquent borrowers did sue for P18 million, but only because HDMF itself had ordered repossession, the lawyers say. Lee’s P600-million receivables from the agency, collections from satisfied borrowers, could more than cover the former.

Lee reportedly is tired of crying innocence. All he wants is a ruling any which way. There’s a chance on June 5, when the SC resumes en banc after a month-long break – unless the case is reset a 23rd time.

*      *      *

The UP Sigma Kappa Pi Fraternity, with UP Barkada, sponsors a tournament at Valley Golf & Country Club on Thursday, June 7. Exciting prizes and giveaways await players, including a Vespa scooter for a hole-in-one. The scooter will be raffled away if no one wins it on the fairway. Registration starts at 6:30 a.m.; shotgun tee-off at 8 a.m.

Tourney fee: P3,500 for guests; P2,500 for UP Barkada members; P1,500 for Valley Golf members. This covers green fee, lunch, raffle stubs, and souvenirs. Limited slots only. For inquiries, call Lheng Gonzales, +63 936 0345048.

The games are part of the run-up to the UP-EKIT’s 50th anniversary in Sept. 2018.

*      *      *

Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ (882-AM).

Gotcha archives on Facebook: https://www.facebook.com/pages/Jarius-Bondoc/1376602159218459, or The STAR website https://beta.philstar.com/columns/134276/gotcha