THE SECRETARY OF INJUSTICE STRIKES AGAIN

Based on what I’ve read in the papers, it seems clear to me that the libel case filed against Archbishop Cruz four years ago did not even reach the courts because the prosecutor assigned to investigate the complaint found no probable cause to hold the Bishop for trial.  But out of the blue, here comes Secretary Raul Gonzalez reversing the findings of his subordinate and ordering the filing of libel charges against one of the most vocal critics of the administration. 

I’m baffled by Gonzalez’ reversal of the Manila prosecutor’s resolution.  I mean why only now after allowing the resolution to hibernate for four years?  Although the Rules allow the Justice Secretary to motu proprio modify or reverse the same, the reversal still smacks of bias and subjectivity.  And why do I say this?  By his public pronouncements, Raul Gonzalez has shown himself to be one of the most rabid attack dogs of President Arroyo.  He’s not concerned with “justice” for its own sake, but imposes the “rule of law” as he sees fit.  If this is not an act of vindictiveness, then the Secretary must be so inept and incompetent not to have acted on a case that has been pending for quite a time.  The only issue he was tasked to resolve was to determine whether there is sufficient ground to engender a well-founded belief that libel has been committed and that the Bishop is probably guilty thereof.  I cannot believe it took him four years to determine the existence of probable cause.  It should not have been a complex issue for a Secretary who projects himself as an all-knowing legal luminary.  This is not the mark of a man who knows his law. 

The Supreme Court has time and again reminded prosecutors to be fair and impartial in the performance of their functions.  In one case, it declared: 

We cannot emphasize too strongly that prosecutors should not allow, and should avoid, giving the impression that their noble office is being used or prostituted, wittingly or unwittingly, for political ends, or other purposes alien to, or subversive of, the basic and fundamental objective of observing the interest of justice evenhandedly, without fear or favor to any and all litigants alike, whether rich or poor, weak or strong, powerless or mighty.  Only by strict adherence to the established procedure may be public’s perception of the impartiality of the prosecutor be enhanced. 

Archbishop Oscar Cruz simply shrugs off the case as an attempt to cow him into silence.  He even said in jest, and quite sarcstically, that the bail for his temporary release is too cheap to be a cause for worry.  However, this is not his point.  He believes this is political harassment disguised as a libel charge.  In one of his blog entries, the fiery Archbishop said: 

Kotong and patong. Ukol and bukol. Hakot and kurakot. Lagay and bigay. Para kay Sir and para kay Ma’m. Para sa akin and para sa kanya. Paano naman ako and paano naman sila? For the boss and for the boys. All these forms of stealing fall under the general phrase of “graft and corrupt practices in government”. Translation: A bunch of big and infamous well placed thieves. A group of public and official daytime bandits. A team of very powerful and influential crooks-all of whom are over and above the laws of the land. 

I understand where Mr. Raul Gonzalez and his boss, Gloria Arroyo, are coming from and why they’re so obssessed at getting back at their critics.  The truth hurts.  Ouch.