LOWDOWN, TOO
By Jojo Robles

Some political pundits have reported the discovery of a strange new animal that they are now calling the “benignoramus.” This mutant and heretofore unexamined species is marked by a severe impairment in the understanding of basic legal and constitutional processes, despite the easy availability of sound advice and other means of enlightenment.

The existence of the benignoramus has recently been confirmed when its sole existing specimen (who has not been known to have bred any offspring) came out with a statement to the effect that hearsay can be admitted as evidence in court in a “political dimension.” The entire legal profession – including all the king's lawyers, prosecutors and senators – have already accepted that the contrary is true; but the benignoramus persists in his invincible ignorance, thus confirming his difference from the ordinary human beings whom he resembles.

The world's only known existing specimen of the benignoramus seems oblivious to the fact that his own justice secretary, who had admitted to presenting hearsay, did not go down this strange path. Neither did his own prosecutors and prosecutor-judges, from the most legally-challenged to the most accomplished in the law, question the ruling about the inadmissibility of “chismis,” as the common folk call hearsay, as evidence.

Of course, in the “political dimension” cited by the benignoramus, he himself has been accused of having various ailments, which perhaps should now be made admissible in court. To paraphrase Senator Miriam Defensor Santiago in the impeachment court yesterday, perhaps even reports of mental illness can be construed as evidence of the same.

On the other hand, the benignoramus is also distinguished by the unevenness of his application even of his strange understanding of hearsay and rumors. For instance, in the case of one of his all-time favorite courtiers – also known as “Incognito,” the ex-classmate who runs his gambling palaces – the benignoramus will not accept even criminal complaints filed in foreign courts with the corresponding receipts and sworn depositions.

“Incognito” is “innocent until proven guilty” of comping $6,000-a-night suites, being driven around in a Rolls, having a $10,000 slush fund at his disposal and even a complimentary Chanel bag for the wife.

The benignoramus truly exists, even if it is one of its endangered kind. But for how long, I wonder.

* * *

Because of what's happening these days in Taguig, Senators Alan Peter and Pia Cayetano may have been seriously compromised as judges in the trial of impeached Chief Justice Renato Corona, where the senatorial siblings stand as judges. As for Commission on Elections chairman Sixto Brillantes, what's happening in that suburban city is also fast becoming a test of his own independence, resolve and his basic sense of fairness.

Taguig is embroiled in what is probably the most unusual electoral protest in the country today. That's the one filed by former Supreme Court Justice Dante Tinga against the person whom he claims cheated him the last mayoralty elections, Laarni Reyes-Cayetano, wife of Alan Peter and sister-in-law of Pia.

Tinga's protest is one of 80 such cases pending before Comelec from all over the country, including one in Tawi-tawi, which also calls for the retrieval of ballots used the last elections. What makes Taguig's case unique is that, while the ballots in faraway Tawi-tawi at the very southern tip of the archipelago have already been recovered, the ones in the suburbs of Metro Manila have not – nine times after Comelec first attempted to retrieve them nearly two years ago.

And Comelec, under Brillantes, says it cannot retrieve the contested ballots because every time an order is issued, goons put up road blocks and barricades composed of trucks and other heavy vehicles on roads leading to the city hall. These goons, who are armed and clad in black, are able to prevent Comelec from doing its work despite the presence of the Taguig police.

And last Feb. 20, the last day designated for retrieval of the ballots, these goons were once again prevented Comelec workers from doing their job, according to a report of Director Jubil Surmieda, its head, to Commissioner Rene Sarmiento.

Earlier, Comelec asked PNP Chief Nicanor Bartolome for a police contingent to escort the retrieval team to secure the ballot boxes, but got no answer. And senior executives of the Aquino administration have repeatedly told Comelec not to release the retrieval order, the reason being that they needed the votes of the Cayetanos to convict Corona.

Previously, Alan Peter Cayetano repeatedly blocked the confirmation of Brilliantes before the Commission on Appointments. But after Brillantes was confirmed, Comelec then started its slow process of giving due course to Tinga's complaint.

And Brillantes, a noted election lawyer, used to be the lawyer for Tinga. And Tinga is a member of the Liberal Party of Aquino – as is his son, Taguig Rep. Freddie Tinga. Strange.*