Miriam Santiago must be thinking that since the election campaign period is over, it’s time for people like her to hog the limelight. In her case, she did twice within the span of a week.
Last week, she called senators who refrained from pork barrel as “gago”. She always get away in saying stupidsilly things, like that famous “I lied ha ha ha” idiocy eons ago (I think that quote got her re-elected).
Now, she claims that Senator Antonio Trillanes IV will have to serve his term in jail until he is acquitted. She cited the Constitution’s equal protection clause and the case of the pardoned, convicted child rapist Romeo Jalosjos. The news item cites her as a constitutional expert, which for me is argumentum ad verecundiam.
It is argumentum ad verecundiam because the assertion that Trillanes will have to serve in jail is not valid just because a so-called Constitutional expert says so. Besides, the case of Jalosjos and Trillanes are different. Here is the Supreme Court decision, People v. Jalosjos, on Jalosjos’ appeal to be allowed to serve in Congress, which Santiago cited. In the Jalosjos case, he ran as congressman after he was convicted and his case was on appeal. In Trillanes’ case, he is charged but not yet convicted.
Now, while this case is worthy of a lengthy blog post, let’s concentrate on Santiago instead. She did not have to dip her fingers on the issue. She was not asked to issue an opinion; she released a press statement. She has the right to express her opinion, true, but I can’t help but ask – why? And the fact that her opinion is debatable makes things more fuzzy.
Maybe she is gunning for 2010?
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Argue on the issue of Trillanes. Here are some statutes to guide you in the discussion:
* In her concurring opinion on People v. Jalosjos, Justice Gonzaga-Reyes quoted Article III, Section 13 of the 1987 Philippine Constitution, to wit:
All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
* She also quoted Article VI, Section 11 of the same document:
A Senator of Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.
* The main opinion in the Jalosjos case cites Article III, Section 1:
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Which brings us to the next.
* Jalosjos’ motion cites Aguinaldo v. Santos (212 SCRA 768, at 773 [1992]):
The Court should never remove a public officer for acts done prior to his present term of office. To do otherwise would be to deprive the people of their right to elect their officers. When a people have elected a man to office, it must be assumed that they did this with the knowledge of his life and character, and that they disregarded or forgave his fault or misconduct, if he had been guilty of any. It is not for the Court, by reason of such fault or misconduct, to practically overrule the will of the people.
Note that the said case pertains to an administrative one.