Whenever I read essays by learned men like Joaquin Bernas S.J. and former Supreme Court Justice Isagani Cruz (both columnists at the Philippine Daily Inquirer), or indeed, any politically correct editorial about People Power and the officially sanctioned EDSA events (strictly I and II only), I fall to fits of crying and laughing at the unavoidable intrusion into such streams of erudition by images of JOSEPH ESTRADA. There he is, probably the only unequivocally elected President of the Filipinos in their entire history, charged with PLUNDER, on trial for his very life -- yet the FIFTH ANNIVERSARY of his overthrow on 20 January 2001 is only a few weeks away. His case is not even up to the Supreme Court yet! People like Bernas and his pals in the Inquirer and the Supreme Court still blame the defendant and his lawyer, Alan Paguia for the delay. Nothing could be more ludicrous and they know it!
By the way, I have often spoken up for brave Alan Paguia, formerly Professor of Law at the Ateneo and Pamantasan ng Maynila and Erap's lawyer, whom the IDIOTS at the Inquirer used to deride as a CLOWN. Egged on by such pro-Edsa-II DEMAGOGUES in the politically correct Media, the Supreme Court under Hilario G. Davide suspended Paguia indefinitely -- a fate far worse and undeserved than disbarment, which at least has a set legal procedure specified for its resolution. Not this disgusting, arrogant and wholly indecent "indefinite suspension" of a simple law professor who was seized by the TRUTH in the strange case of People Power vs. Joseph Estrada -- and became its victim for his refusal to betray it. If you haven't yet, you should read, The Paradox of People Power and Davide Retires--Good Riddance and Chief Justice Panganiban In His Own Words.
It's painful to see this, because Erap so deserves to be punished for his crimes. But just because Erap failed as President did not mean that Davide did not also fail as Chief Justice. Edsa II wrongs don't make a right! And it is the ideology of judicial activism in people like Davide, Panganiban, Bernas and their supporters in the Media, that created two injustices at two extremes:
JUSTICE HURRIED IS JUSTICE BURIED. At the "coronation" of GMA at the coup d'etat climax of Edsa II, when the Supreme Court ruled on a FACT -- that Joseph Estrada was permanently incapacitated and that the Presidency was VACANT on Saturday morning 20 Jan 2001 -- all in less than one hour from the arrival of a FAX TRANSMISSION from then Vice President Arroyo, whom they also swore in. On the MOnday following the Court affirmed its own JUDICIAL AUTHORITY to replace Estrada with Arroyo on the previous Saturday on the basis of his PERMANENT INCAPACITY to carry out the duties of President. Two months later in Estrada vs. Arroyo, the Supreme Court decreed that Estrada was not PERMANENTLY INCAPACITATED after all, but that he had CONSTRUCTIVELY RESIGNED. They thus buried two important principles:
(1) That RESIGNATION is VOLUNTARY.
(2) That PERMANENT INCAPACITY is a matter of FACT that must be established by means specified in the Constitution. (It cannot be declared to exist for the purpose of "heading off a crisis not foreseen by the framers" as Joaquin Bernas, S.J. rationalizes Edsa II.)
JUSTICE DELAYED IS JUSTICE DENIED.Now that Erap has been UNDER ARREST for nearly four years, why has he not been CONVICTED if the MORAL JUSTIFICATION for his overthrow were so obviously right and are still being DEFENDED by the likes of Bernas and the monotheist Chief Justice Artemio Panganiban? Why? Because they know ALAN PAGUIA was right all along and they were WRONG! Erap hasn't been CONVICTED because it would only expose the GREATER WRONG committed by the Davide Court and its intellectual defenders. He hasn't been convicted and they cannot admit the real reasons for it, because all these mighty people would have to give Erap his real victory--
PROOF THAT THEY ARE WORSE THAN HIM!