Sunday, June 24, 2012

The Contract is Over


The Family Code defines marriage as a special contract of permanent union between a man and a woman entered into in accordance with the law for the establishment of conjugal and family life. Likewise, the Constitution provides that the family is a social basic institution by which public policy cherishes and protects. In  all, marital union is a sacred and solemn occasion by which the parties are bound to observe mutual love, offer fidelity and give needed support until the color of death appears.

While no law prohibits marriage between a Filipino and an alien, the State, nevertheless, must guard all the evils that may germinate with the present trend of marital sacrament. Obviously, gone were the days when we only seldom witness a union between two couples of different races. In fact, the converse is true, where some Filipino women sell their souls to senile aliens in exchange for material wealth and fortunate disposition in life. Sadly, instead of rearing a happy family after having perfected the special contract, when love and lust begins to crumble like a sand fortress, each, particularly the non-Filipino spouse, with their own tales, causes to file divorce.

Absolute divorce may not find solace under our system of family affairs, as it is against public morals and customs. However, Article 26 of the family code provides for recognition of divorce validly obtained by the alien spouse outside of the Philippines. To succinctly put it, alien spouses are given the road to severe marriage in foreign land. Apparently, this has been the practice and the common resort of dissatisfied partners having lost the heat of mutual affection. While it may be true that no one is bound to live in hell, nonetheless, with this controversy of demeaning the sanctity of family life, the State must risks all it efforts to preserve the basic unit of the society.

Tuesday, June 12, 2012

Did the angels speak?


Unparalleled in any political history of a civilized nation, there has been no instance where right and reason have been defeated, than on the fateful day, when the Senate of the Republic of the Philippines, sitting as an impeachment court, rendered its verdict. An overwhelming majority placed a final nail on the coffin of the Chief Magistrate’s judicial career. Notwithstanding the clear and legal defences advanced by the defense panel during the trial, the court proceeded to convict the respondent. The grounds for conviction were repulsive to common sense and violative of fair play. Instead of taking the case on the merits, the self-proclaimed angels of the Senate took into consideration the expansion of their political occupation. Thus, the outcome was inevitable. It was more political than legal.

No concern was raised as to the effect of the independence of the third branch of government, nor was there any consideration on the consequence it will bring on our democratic institutions. The common standpoint is its implication on their hold of power. In the light of this perceive developments, integrity, together with wisdom, vanished in the same course when a tally was made on the guilty box. Even then, the guillotine was preset before the Chief justice enters trial. His innocence was never placed on the balance, as time is the only moving factor that delayed the final verdict. Everything was a script written down under a seal of finality without, however, the knowledge of the main actor – CJ Corona.

Obviously, to declare that the votes casted by the senators serve the unyielding interests of the Filipino people is a misbelief. The proposition to fight against corruption is, likewise, misplaced. Moreover, it is an erroneous exercise of mental faculty to deliver the idea that the voice of the people have won against an official which they deemed already unfit of being called the Chief Justice. The ticket for conviction is not about conscience but power in bare hands, influence in a naked eye and money in an open pocket. Hardly enough to accept, but, this is Philippine politics at its finest, where the actors know when to speak the truth, half-truth, or, even, no truth at all. In fact, if lying can kill, then the moment they move their lips, death would be instantaneous.

In the final analysis, this nation must veer out and leave behind bad politics. The same political life stands still since time immemorial, when, in a distant past, a country named Philippines was conceived. We might be treading on a straight path but on a wrong direction. It will be a direction where perversity, hypocrisy, insincerity, and idleness loom. Soon, when we shall open our eyes and succumb to realize that this nation is lost, then, we must accept that the high heavens will be weeping and will take care of our souls.

Saturday, June 9, 2012

Error in Judgment


In the hope of a fair judgment, unbiased by any political color and free from any sight of influence, some members of the senate, acting as judges in the impeachment trial, has promulgated and rendered verdicts wanting of any legal basis and merit. They chose to make a popular decision, so that they may celebrate that the people have spoken, which accounts the hapless respondent guilty as charged. They may claim validity of action for the people, by the people and of the people, with no better understanding that democracy works not for the people alone but for the rule of law and justice. As they have left the fate of a man under the mercy of the gullible majority, they will be judged by history with the propriety and righteousness of their actions.

Regrettably, the judgment was to serve the Palace its wishes. It is not for the people to rejoice with, since, after this melodramatic scene, corruption of moral decency will still continue to pervade in our nation. Nothing has been proven, much less testified with, nor has there been a presumption that the Chief Justice amassed ill-gotten wealth. Not a scintilla of evidence was presented to show the he has squandered an ounce of the public treasury. While it may be true, as the court argues, that the non-disclosure of the magistrate of a sizeable amount of dollars in his SALN is an omission reprehensible under the SALN law, it must be made clear, that he relied in good faith of a law which its conception begins and its birth has been in the care of the Congress of the Philippines. Moreover, the admission of a quantifiable amount of money during the hearing, as has been made under oath, answers the very question the SALN law posed – the total net worth of the properties. Knowing already the total assets of the person charged, the court may have simply ordered to include the same in the SALN of the following year instead of dangerously rushing for conviction.

The fear that corrupt officials will conveniently avail the interpretation impressed upon by the Chief Justice is a farfetched idea, more illusory than apparent. The call for doubt as to the purpose of the law (Foreign Currency Deposit Act) should have left them with no other remedy but to amend, repeal or change it. The law was conceived by the law-making body. If they argue it correctly that such eventuality may happen, then it is the Congress which made this evil that is to blame and not the man convicted.

What appears in the decision of the Senate is a reflection of the public opinion and collective sentiments. Bases were given on the premise that it is for the good of all. Correct as it may seem that the senators are the representatives of the people, nevertheless, it does not follow that judgment be made in accordance by which they represent. When the people elected them as representatives of the sovereign, they have not just been selected to represent the people but, most importantly, they were chosen to intelligibly decide the fate of this country with independence, candor, and freedom. With all great regret to the men in robes, they failed to dispose the character that is demanded in their office.

With the lack of ability of the people to believe the truth, with the seeming incessant display of might and power, with the inherent weakness of our leaders to make true though unpopular decisions, with a media that can sway public opinion, with a rule of law so easily disregarded and disobeyed, and with injustice seen as justice, God save this country!