Thursday, July 6, 2006

Gonzalez' Own Incitement to Sedition and Rebellion

ecretary of Justice Raul M. Gonzalez was as charming as a burping chupacabra today when asked by reporters to describe his philosophy on coup d'etats and coup plots in the Philippines:

"If a coup plot succeeds, it is patriotic; if it fails it is a crime."

I have always FELT this to be the most immoral, cynical, fallacious and downright evil piece of reasoning that is in common use in our public life. And now I KNOW why. It is actually an incitement to rebellion and sedition, for it upholds the attempt to succeed at a coup plot as patriotic. Worse you better succeed at your rebellion or he will call you a criminal and pretend not to have been a part of any rising against injustice.! It is a declaration that:

"The end justifies the means...especially if you successfully seize State Power."

Faithful, patriotic soldiers and officers of the Armed Forces and even common citizens might take the "Justice" Secretary seriously at his word. But weak, immoral minds like him deserve nothing but everlasting disdain. Logically speaking, such a statement can only be uttered by successful coup plotters who've gotten away with their crime and are now only taunting those who've finally turned against them or labor under their illicit rule.

Secretary Raul Gonzalez should be censured for his unpatriotic and treasonous statement. He is really no better than the CPP NPA and the failed coup plotters in moral and philosophical weight.

What a malignant jerk attends Justice in this land!

Folks, I've actually found the word for Sec. Gonzalez' particular mental illness: CASUISTRY
Casuistry is a broad term that refers to a variety of forms of case-based reasoning. Used in discussions of law and ethics, casuistry is often understood as a critique of a strict principle-based approach to reasoning. For example, while a principle-based approach may conclude that lying is always morally wrong, the casuist would argue that lying may or may not be wrong, depending on the details surrounding the case. Consider the following two cases. On the one hand, the casuist might conclude that a person is wrong to lie while giving legal testimony under oath. On the other hand, the casuist might argue that lying is actually the best moral choice if the lie saves someone's life. For the casuist, the circumstances surrounding a particular case are essential for evaluating the proper response to a particular case. Casuistic reasoning typically begins with a clear-cut, paradigm case (from the Greek word παράδειγμα (paradeigma) which means "pattern" or "example", from the word παραδεικνύναι (paradeiknunai) meaning "demonstrate"). In legal reasoning, for example, this might be a case precedent, such as an obvious case of premeditated murder. From this model case, the casuist would then ask how close the particular case currently under consideration matches the paradigm case. Cases similar to the paradigm case ought to be treated in a similar manner; cases unlike the paradigm case ought to be treated differently. Thus, a man is properly charged with premeditated murder if the circumstances surrounding his particular case closely resemble the ideal case of premeditated murder. The less a particular case resembles the paradigm case, the weaker the justification for treating that particular case like the paradigm case.
Diabolical, really.



How right you are Dean!

Jego said...

Yes it is inciting sedition. A dare. And this justifies their states of emergency, their calibrated pre-emptive response, and all other draconian measures that they have lined up on any takers. "We dare you to launch your coup attempts. We have a right to protect ourselves and we will use any and all means at our disposal."

This isnt a jerk. This is an evil genius.


Dean, like you I was gobsmacked to learn that Lim had made a tape ahead of his plans.

It really is gobsmacking in the extreme that he should have allowed himself to be kowtowed to making such a tape. What on earth did he learn in West Point? That’s extremely poor military tactic.

What a waste of talent. When big business and the military meet, a soldier may just wilt but thankfully, this is not a general rule around the world.

I've seen it once too often in Asia.

jhay said...

Maybe Sec Raul Gonzales has deliberately said those words in order to covertly incite the rebellious elements of society to mount a coup or a rebellion so that it would give the Palace an excuse to do a repeat of Marcos.

Either way, the secretary of justice is just plain nuts!


Thanks for coming up with Casuistry ... causistic adequately describes Gloria's, the Gonzalez & Gonzales tandem's including Mike Defensor's (fire for fire humbug) reasoning, their attitude and approach to the entire Philippine democratic problems.

baycas said...

...The coup being a successful one and not a failed one was by itself indemnified for the successful nature of the coup in accordance with the legal maxim of international law, FACTUM VALET, which means, coup is crime if it fails but not cognizable offence if it succeeds...


on the very surprising (or shocking) gen. lim on video: how about the angle that it was just recently made? is the palace preempting possible appreciation of one of the impeachment cases, namely, the 1017 debacle? the SC junked 1017 aftermaths...but with revelation on lim's videotape, even though at hindsight, 1017 aftermaths were really called for in the black days (for democracy) of february 2006.

were gen. lim and "amba" señeres soft-touched (or probably hard-touched) to do what they did -- the actor and the singer???

baycas said...

'twas the maxim
(Quod fieri non debet, factum valet. What ought not to be done, when done, is valid.)
raul adheres to...the end justifies the means, sadly.

immoral as it may seem
but that's how he really thinks...diabolically!

manuelbuencamino said...

Lim's video was not aired in February. No harm, no foul. Who knows he might have taped that speech to spoof Angelo Reyes.

Gonzalez says those things to piss us off so everytime I'm pissed at the man I go and read Carmen Guerrero Nakpil's classic portrait of him -

“Pasty-faced, with slicked-down thinning hair and a redneck suit of clashing plaids, he made reference last week to the victim’s "panties," as the most exciting thing in the preliminary hearings.... With many sidelong glances and sly smiles, he squirmed and quivered through a TV interview, as he reported the visit of the complainant to the DOJ building, and how he refused to receive her, making it all sound as if the poor girl were trying to arrange a tryst with an alpha male like him. He implied that he was only protecting his reputation. But that item has been in shreds since he presided over the canvassing of ballot certificates in 2004.”

manuelbuencamino said...

And his comment about coups is not even original



What really shocks me is the contempt with which high ranking military officers in the AFP have been regarding military law and procedures.

If you remember, I posted several comments here in your blog saying that if the AFP finds or believes that Brig General Danilo Lim culpable, he should be charged and a court martial convened illico.

We are all aware that the military does operate in a totally different setting with its own rules and regulations embodied in its own laws and traditions.

At the moment, I see the Armed Forces breaking some of the provisions in its own Articles of War.

There is ONE BLATANT violation being committed today on the person of Brig General Danilo Lim:

He's been under arrest and detention since end of February without any charges filed against him (I've been on and on about this in other previous posts) which breaks his military rights under the article of law as well as his basic human rights under the UN Convention of human rights.
So, on this aspect alone, Esperon being Lim's commanding general is already culpable in the eyes of the military law.

In the UK or in France and even in the US, a military officer particularly of a senior or star rank, cannot be arrested or detained for FOUR MONTHS without formal charges levelled against him for the simple reason that it could have a demoralizing effect on the chain of command down the line. It just doesn't happen that way. There are rules to follow and there are no ifs or buts about it. The laws are clear cut. There should be no deviation. We are speaking of the military here.

It is true that in theory and in practice, as commanding general of the army, Esperon has FULL authority over Lim BUT NOT SOLE authority.

I therefore find it puzzling that after 4 months, there are still no formal charges leveled against Lim and no court martial convened to try him.

General Senga in his capacity as Chief Armed Forces of the Philippines has full authority to demand that Lt General Esperon, Commanding General Army OBEY MILITARY LAW & FOLLOW military procedures and to make sure that Brig General Lim's rights are protected as a person and also as befitting his rank. His order must be explicit and must set a time frame for it to be followed.

Unfortunately, there is NOT ONE STROKE solution to the hierarchy or authority problem but in a democratic context and where professional military men are involved, the Chief of Staff Armed Forces would have to be absolutely confident and sure of his decision to demand the CG PA to abide by military procedures because the danger of overriding a major service commander's authority would lead to chaos and demoralization in a military entity.

Having said that, and if for the sake of argument Lt General Esperon should still refuse to obey a higher order and by estension refuses to obey military law and follow procedures pertaining to Brig General Lim, Senga as CSAFP could either:

1. Relieve Esperon of his authority and place Lim under CSAFP jurisdiction to enforce the rule of military law.

2. Or call for a command conference that should include the Secretary of Defence, the NSA, NSC, the board of Generals and 2 senior members from the Legislature to call Esperon and to have him explain why Lim has not been charged formally and faced a court martial after so many months of detention; should Esperon persist that he is right, that SPECIAL BOARD may decide on the fate of Esperon, i.e., whether to relieve him or not.

I am really surprised that Senga has not acted on the fate of Lim. I repeat, if the military believes that General Lim is culpable, he must be charged and tried in a court martial illico.

The procedures in military law is far more expedient and simpler than in civilian law. It is therefore surprising that Lim, a star ranking general has not been formally charged and if charged, has not been scheduled for trial in a court martial.

I do agree that in the Articles of War, the president of the republic's consent is or may be needed to convene a formal court martial, however, Senga as CSAFP should have made the recommendation two months ago at the latest based on the Army Commanding General's own opinion which should have been made before the time lapsed. In practice, the CSAFP and the board of Generals needen't even have the formal consent of the commander in chief before they can convene a court martial. That it is not happening is really bad and speaks very badly of the military.

If we look at the Philippines in a different setting as if it is in conflict or at war (either within or outside), the CSAFP could override, overule the Commanding General of the Army and take it upon himself to issue the orders to prosecute Lim. Obviously, we have to determine in what state the Philippines is actually before such scenario could be envisioned.

This happened during the Falklands war when the Chief of Defence Forces UK (that's how the Chief of Staff Armed Forces is called in the UK) had full authority and could overide and overrule the Royal Navy Chief in decisions pertaining to the conduct of operations. Same with prosecution of erring officers during the war - Chief of Defence Forces could, if he wanted to override the authority and decision by the Naval chief (but obviously did not need to happen in terms of prosecuting erring officers and the convening of court martials).

Bernardo F. Ronquillo said...

DOJ Gonzales' statement is indeed seditious because it encourages the launching of a successful coup d'etat by the military and civilians. Success must be ensured but one cannot be sure unless one tries. He is therefore telling the military: Do a successful coup. That is seditious in any language.

DJB, as far as I concerned,I will only countenance a coup if it will abolish the Comelec and set up a new Election Body that is beyond reproach. And also if it will lead to a SNAP ELECTION where it will be the Filipino people who will elect their President from all comers and I mean all, regardless of their station in life. This is the only way to have an alternative to what we have as President right now. A President duly elected in an honest and clean election. Then we can accept whatever comes our way.

Thank you for the new word casuistry. Now, I know why GMA can lie so casually - in her mind she is saving the Filipino people from themselves. And here we are trying to save ourselves from HER. Ironic, indeed.

ellen said...

Yehey, I like Raul Gonzalez. He should give us more of that stuff. He might get what he is most afraid of: for the coup plot against gloria arroyo to succeed.

ricelander said...

Disgusting this man is like a pig wallowing in filth and loving every minute of it. But he's not a pig, which makes it worse, for at least the pig is compelled by its instinct, and he being man of high education... oh well, he's probably just being himself really.

Buddy Migs said...

I just dont know if the DOJ secretary is still in his proper state of mind.

I suggest that someone recommends to the president that all her cabinet memebers undergose a psycho exam.

Starting with the DOJ secretary.

Back then.. DOJ was like one of those branches of government where you will be able to see that there is justice in this country..

But now.. My gulay! better bribe Customs that bribe DOJ kasi kung ganito ng ganito ang takbo ng utak ng head ng department.. Talo ka na sa Kaso..

He should be replaced.. at least with someone who is his/her proper state of thingking and reasoning...

Maawa naman sila sa mga sarili nila.... muka na silang katawa-tawa