Love that dared not speak its name

July 2, 2015
TREATED like a leper, we still hear. When I was in the Senate, I was advised by a constituent not to be unkind, again to
lepers. I considered myself told. Lesson learned, on being considerate.
A leper was our exquisite sword maker in our youth in Pasig. He lived in a kubol in the bukid and had a wife and daughter
who did not have the handicap or shortcoming. Not contagious, from where my barkada and I sat. We frequented their
kubo in the bukid. Ang babait.
Lets hope the discrimination or bias against lepers totally disappears. No wrongdoing, a shortcoming, at worst, in that.
But, at the rate the Binays are getting it from all over, I can understand how they must feel, and share their and their
counsels pain.
Meantime, the US Supreme Court just ruled that same-sex marriage is OK. It wasnt made compulsory, however, whew,
which could trigger a revolt. Seriously, in this day and age, unusual or unconventional unions no longer represent the kind
of love that dared not speak its name, as in the time of Oscar Wilde and Lord Alfred Douglas. I saw the movie Oscar Wilde
starring talented Robert Morley, in the early 1960s.
Unmarried pregnant women now flaunt their condition; in our youth to be desgraciada was some kind of death. So was
being separada, now viewed in fairer, kinder, gentler, more humane and compassionate, terms.
Well-known homosexuals would seem to include Alexander the Great, Leonardo da Vinci, Lawrence of Arabia, Rock
Hudson and Bruce Jenner.
A former assistant of mine, Raymond Paolo Bong Alikpala, wrote a book some years ago, God Loves Bakla. A very good
lawyer and a very good person. It seems he is associated with Ang Ladlad, which I had helped a teeny weeny bit get a
party list accreditation. I jumped in to help a little after two bigoted Comelec commissioners, as I recall it, staged a
presscon to denounce Lesbians, Gays, Bisexuals and Transsexuals (LGBTs) as evil people allegedly per the Bible and
Koran.
Ang Ladlad beat back the two Ang Daldal Commissioners in a sterling ponencia of Justice Mariano del Castillo dated April
8, 2010, in Ang Ladlad LGBT Party, represented by its chairman, Danton Remoto v. Comelec. Mar is a San Beda (AB)
and Ateneo (LL.B.) alum, and therefore has presumably deep Benedictine Jesuitical foundations.
My belief is that one may be good and bad despite his sexual or religious orientation. Even atheists can be good, and be
saved, said the Pope.
I hope Ang Ladlad makes it as a party list group and win a seat next time it fights in elections.
This is 2015 but despite the SCOTUS (Supreme Court of the United States) ruling, I doubt that our own is ready to follow,
in a case pending there, but ponente Justice Mar subscribes to Justice Jacksons test of the freedom to differ, as to things
that touch the heart of the existing order.
That is why I am perplexed that my pals, Congressman Tolits Atienza and Jonat de la Cruz, arguably engage, willy-nilly, in
prosecutorial terrorism. The Bangsamoro Basic Law is a work in progress supported by many well meaning Filipinos who
should not be threatened with jail. The institutional arrangement is for the duo to convince their peers in the House of
Representatives and win the day there, not make sumbong in the Office of the City Prosecutor of Manila, a tactic that
should not dare speak its name, with all due respect. The final bill can moot their current concerns.
I am privileged to assist Miriam Coronel-Ferrer in the BBL, daughter of a long-time and valued friend, Dean Tony Coronel,
a companero and caballero. Another Miriam, Defensor-Santiago, and a dozen fellow senators, have supported our theory
that EDCA should be concurred in by the Senate. That, we contend is the proper constitutional institutional arrangement.
Same-sex? That should be for the elected Congress and President to act on, with their hearings and consultations, not the
unelected Supreme Court (SC), which does not conduct hearings and consultations that the elected do. Then the SC may
rule on legality and constitutionality, and benefit from edifying antecedents elsewhere.

Immunity an urban legend or myth?

July 9, 2015
DOES anybody still care for what happenedor didnt happenin the Mayweather-Pacquiao fight?
The bore of the century?
Or the fraud of the century, in the eyes of plaintiffs believing that there should have been
a timely and full disclosure of Mannys shoulder injury? Lawyer Ed Lopez Jr. heads the Filipino legal team suing in Los
Angeles for plain and simple justice.
Had there been a resetting, collection by the combatants in W.O. McGeehans Manly Art of Modified Murder of
humongous millions would have been delayed for months but the mob paying good money should have been told sooner,
rather than later, about such injury, affecting attendance, pay per-view and betting odds. Sounded like some kind of
syndicated estafa on the part of Mannys powerhouse team, willy-nilly, in which Harvard Law honors alum Bob Arum plays
a key role. He said in November 2013 proof of tax payment had been sent from the US.
Floyd Mayweather Jr. is now touted and seen as a 48-0 fighter and being stripped of any title may amount to little or
nothing to him. Hell retire in months, it is said, and may well retire after his 49th. The fight wont be with Manny who would
not recover fully for nearly a year, reportedly.
Good that Manny is reported to have gone to Indonesia to share the pain of Mary Jane Veloso, sentenced to death
allegedly for smuggling heroin to Indonesia. (Mary Jane is street lingo for marijuana.) Good constituency function but I
dont know how Muslims regard the Cauliflower Industry. Not good that Manny is reported to give Floyd unsolicited advice
to pay $200,000 as sanctioning fee to the World Boxing Organization (and to vacate the junior welterweight title).
Suppose Floyd counterpunches and tells Manny to pay the billions equally-widely-admired BIR chief Kim Henares alleges
he owes the government? Manny is reported to rejoin it as senator next year, leading Jojobamas slate.
The next national elections are less than a year away.
May I give the unsolicited advice that the people should then decide the fate of Jojobama Binay, and not through a divisive
time-consuming impeachment today. Theres China, the BBL, the budget, etc., to focus on.
BTW, the Constitution says that on impeachment: The vote of each member shall be recorded. The November 2000 vote
of our then-Pasig congressman, the late Henry Lanot, well never know. There was no recorded nominal voting, required
even in changing the name of a street.
In the impeachment of Bill Clinton, the votes of the 435 congressmen were recorded. The local exercise was
characterized by infidelity to the Constitution, from beginning to end. And we are paying the price of succumbing to the
high feelings of the moment.
From where I sit, only President Cory and Jun Yasay, among the prominent, have apologized for their egregious from-thefrying-pan-into-the-fire misjudgment leading to a dark decade, brightened only by the abolition of the death penalty. A
resounding blow for human rights welcomed by liberals all over.
Veep Jojobama immune from suit? Yes, as long as he acts within the literal or colorable perception of his duties. US Veep
Aaron Burr was prosecuted for killing Alexander Hamilton in a duel, which had nothing to do with the office. Nixon and
Clinton were sued by Fitzgerald and Jones and could not invoke immunity in proceedings against them in three leading
cases.
And US Presidents have tons of problems. Our Veep has nothing to do, save to check the Presidents BP, unlike the US
Veep, who presides over the Senate and votes in case of ties.
We hope the day does not come when a President will say, You cannot charge me with sexual harassment or rape. I am
President. Nothing to do with his job description. Try charm.
Noises we hear that PNoy and Jojobama will be charged with graft after they step down. As long as they have acted
within a colorable range of their good-faith perception of their duties, the case, which can be filed even today, no case.
Immunity is an urban legend. So is the superstition that an impeachable official must be convicted in impeachment first
before being prosecuted. In the US, some federal judges who have been convicted in criminal cases continue to draw
salaries and benefits because they have not been impeached, convicted and removed from office. Impeachable officials
cannot stay their criminal prosecution thereby, another myth.
DOJ Secretary Leila flipped. It seems to me she should flop.

Legislative overreach and prosecutorial terrorism?

July 16, 2015
I HAVE received a kind invite to A Summit for Change on July 22, 2015 in Club Filipino. One whole day, with an
impressive list of initiators and speakers. My health issues may prevent me from going. The old fire is gone.
Last week I was two days in Makati Med, which I had been visiting due to swelling in my left hand; I had refused to be
confined until early Wednesday of last week, when I awoke to excruciating pain for what seemed forever. I was
discharged after two days but have all sorts of medical appointments.
The idea of the patriotic group is to have a System Change. Bagong Sistema, Bagong Pag-Asa: A Call for System
Change. It is said that good people change others, better ones change the system, while the best ones change
themselves. Attitudinal. Also Structural.
I wish the organizers the best in our unceasing effort to give our people a better life.
But, theres a limit to the ability of seniors to restructure the existing order. Of course, Grand Old Man Tanny Taada,
Chino Roces, Armando Malay, et al. didnt use that ready excuse, and got shot at, teargassed, water-cannoned and/or
arrested in the process.
Today, just going out of Palanan, Makati, where all sorts of repairs and constructions are going on, could be quite a
hassle. It takes time to get anywhere. Last Monday morning, from Palanan to Makati Sports, an hour! I can remember the
time a decade ago when from Palanan, to Club Filipino, in Greenhills, twelve minutes, if I got to be lucky; all green. Today,
with the volume of vehicles sold, not enough new roads, and little discipline in our scofflaw nation, moving about is
hellishly scary.
We may need an amended or revised Constitution but will that prevent our Barangay trike drivers from making a confusing
counterflow? Alexander Pope said long ago, for forms of governments, let fools context, whateer is best administered, is
best.
We are all sticklers for our rights under the Constitution, which should also have a Bill of Duties. Obligations. Nietzsche
said forgetting purposes is the most common form of innocence (he used a far stronger term).
I have emailed to Speaker Sonny Belmonte a concern, a sentimiento, or complaint, on forgotten purposes, if you will,
against Cong. Jose Atienza and Cong. Jonathan de la Cruz.
In I.S. No. XV-07-INV-15E-02688, in the Office of the City Prosecutor of Manila, my two pals seek to jail co-workers in our
common effort and dream to have peace in Mindanao. The situation I think calls for action by the House ethics panel or its
functional equivalent, even an ad hoc one, to avoid a repetition of the arguable mischief.
Debate and dialogue are staples in the democratic institutional arrangement. The superior idea should prevail and
therefore the seemingly misguided duo should be reminded not to pick any needless quarrel with the executive, and even
a sitting Supreme Court Justice, with remarkable insensate charges of treason and sedition.
The proposed BBL is but a bill, pushed by the President; respondents have been asked to help solve a crisis of centuries.
Treason is a wartime offense while Holmes said every idea is an incitement. Respondents only weapon: words, words,
words.
The two congressmen have to be probed by their peers as a guide to future action and prevent a repeat of premature
ejaculation, as it were, causing needless departmental squabble. I regard them as long-time and valued friends but for
them to ask that the likes of Prof. Miriam Coronel-Ferrer, Chair of the Government Peace Negotiating Panel; Secretary
Teresita A. Quintos-Deles, Presidential Adviser on the Peace Process; and former Secretary Senen C. Bacani, and even
Justice Marvic Leonen, and many other well-meaning, solid citizens, like former ConCon Delegate and Congressman
Michal Mastura crosses some fine line, in my view. No scienter, or criminal intent.
Two well-meaning Congressmen at war most needlessly with Malacaang and a member of the Supreme Court is not in
the national interest. They were elected to convince their colleagues with their logic in Congress, intramurally, and not use
the criminal law elsewhere to subdue opposition, extramurally. As my courageous comrades in the struggle against the
late unlamented dictatorship, the two should have learned that free speech protects expressions we disagree with, and
even despise, absent a clear and present danger of trouble.
The House should have rules and policies on the matter of suing the mere proposing of a law. More speech, not less, per
J. Douglas, in the free competition of the market. Not, agree with us or we will have you jailed. We want the widest
participation in a government of, by, and for the people.
NO! then, to prosecutorial terrorism. Am I at war here with the sub judice rule? I doubt it; I have no purely personal stake
and the matter calls for the widest public discussion anyway. This may be the first time lawmakers filed a criminal

complaint against those making a proposal they reject and should, it seems to me, simply argue and vote against on the
majoritarian principle, in camera.
Holmes did say that every idea is an incitement and that all life is an experiment.
The proper party cannot be a lawmaker who can make his case in his chamber and if he loses, which has not happened,
he should not be recognized as a proper party making sumbong to another branch. This would be an improper institutional
arrangement even in our litigious society. Lawmakers should only litigate institutionally, not personally, when their
constitutional prerogatives are at stake, not to bestow on the SC the role of a Super-Congress, will-nilly.
To enable congressmen to engage in prosecutorial terrorism is not in the national interest.
The Department of Justice cannot be expected to embarrass a President; nope, to have the judiciary stop a process by
criminalizing what respondents are doing is to have a Super-Congress, by limiting the power of Congress to incite, with
ideas.
The Manila OCP is not empowered to do what complainants want it to do tell respondents Thou Shalt Not Help Try To
Solve A Problem of Centuries.