I’m sure that many Filipinos are wondering why the disqualification case filed against Ferdinand Bongbong Marcos Jr. has become so complicated and so controversial. One would think that the fundamental question lies in whether or not he was found guilty of tax evasion or not paying taxes regardless of circumstance. To determine that, all that would be needed is a certification, statement or copy of the decision of the RTC, Tax Court or the Court of Appeals. People, lawyers and public relations artists can all debate the technicalities etc., but isn’t the bottom line of it all is whether or not he was “Convicted” and if so, did his conviction disqualify him from running or holding public office? Publicists have been playing the “He paid the fine or the tax deficit” but that is really a side dish to the bigger question: Was Bongbong Marcos convicted by a court of law?
I’m no lawyer and what I’m writing here is, as stated, an “Opinion Piece.” But like many Filipinos, I’m wondering why the “sin” of Bongbong Marcos is effectively being tried again in the Comelec First Division. Shouldn’t the case be addressed, settled, or decided with finality in the regular courts of law so that technicalities and excuses don’t land at the Comelec and cause a potential “constitutional crisis?” I sincerely mean no disrespect to the RTC or Court of Appeals judges or justices who tried the case of Bongbong Marcos, but the current crisis at the Comelec should never have happened if a judge or justice proactively stepped up and said, “Excuse me, Mr. Marcos, you have some unfinished business before the court” or “Sorry, Mr. Candidate, but you have been disqualified from running/holding public office based on your criminal conviction.”
What’s annoying is the amount of time, energy and government resources being wasted on the “He said – She said” debate over the matter while the principal characters who authored whatever decision or conviction or non-conviction of BBM have remained silent on the matter. It is ironic that certain officers of the courts, agencies and legislators can act, investigate and speak out voluntarily or motu propio on a matter of public concern, but the particular members of the Judiciary directly involved in the BBM case can’t or won’t state as public record if they convicted BBM or not. This is not right or fair to the Comelec, to Bongbong Marcos or to the law-abiding citizens of the republic.
This situation reminds me of the lament of other RTC judges who enter their “sala” or court room and discover that the cases brought to them by certain lazy-assed fiscals or prosecutors should never have reached their court. Like the case of two individuals who got into a heated argument over the quality of work done on a car. The car owner complained about “shoddy workmanship” while the mechanic took offense and cussed at the customer. The shouting match got so intense that the mechanic suddenly suffered a massive heart attack and died. Because of that, the dissatisfied customer was accused of causing the death of the mechanic and was charged with homicide by the police and the fiscal on duty. From what I heard the judge was very vocal about the idiocy and attendant laziness on the part of the police and the fiscal, who should not even have entertained the mere thought that the customer was to be blame for the medical condition of the mechanic. In the words of the Judge: “This case should never have reached my sala if the fiscal had done his job in the first place. He should have dismissed this at the first instance.” Incidentally, that shoddy work at the talyer, at the police station and at the fiscal’s office produced a pile of paperwork three inches thick that was not even worth ten pesos as scrap paper! But it wasted thousands and thousands of pesos in salaries, legal fees, etc.
But in the current crisis at the Comelec, some people want to throw out Commissioner Rowena Guanzon who retires from the Comelec this week. How bizarre is it, that it is now a matter of the “Convicted” versus one with “Conviction?” Equally bizarre is the leaked internal memo or explanation of the ponente on the case that was written approximately 24 hours after Comm. Rowena Guanzon went public with her decision and criticism of the ponente’s delay. Rather than waste another 24 hours, the ponente should have used that time to release the verdict of the First Division. As far as Filipinos and Bongbong Marcos are concerned, we want to know the decision and the explanation on the case and not explanations of the delay and further delays.
Commissioner Rowena Guanzon has effectively built her case and presented it very clearly to the public. She expressed serious concern over the delay of the judgment, explained why the delay is technically and procedurally not acceptable. She stated numerous attempts to correct and stop the delays, she revealed an attempt or attempts to sway or pressure her, she stated that she brought the matter to the attention of Malacañang and this was validated by presidential legal asviser Atty. Sal Panelo on national TV. But instead of righteous indignation about such attempts to twist or unduly influence the decisions and the unusual delay in releasing the “opinion of the First Division,” what we hear are statements from people convicting Commissioner Rowena Guanzon for having convictions at the risk of her credibility, her career and reputation as well as personal safety.
We are at a point in our history when political correctness for some has transformed to gutless cowardice. Even worse, where we now have difficulty recognizing between what to convict versus acts exemplifying convictions. Whether you agree with Commissioner Rowena Guanzon or not, whether you like or dislike her methods, we should at least be thankful for such a brave soul, a dedicated public servant and evidence that people with conviction still walk amongst us.