• 15Oct

    PUBLISHED: Student & Campus Section, Manila Bulletin, 15 October 2008 Issue (Page F-4)


    Is anyone beyond pardon?

    In answering that question, perhaps the case of Claudio Teehankee, Jr. would be a good place to start. Should he be pardoned? He’s rich and influential; no less than the son of one of the great chief justices in Philippine history. He clearly committed a heinous crime, and he has (purportedly) not shown any signs of remorse. He is, in short, the perfect example of a person whom you shouldn’t pardon.

    There are other issues as well. Many have complained that the process was not transparent. Some individuals have even claimed that money changed hands in this case. The victim’s family declared that they were not informed. It seems glaringly evident to everyone that this is not just a case of a lapse in judgment—this was a deliberate act of political indiscretion.

    In fact, no matter what way you look at it, this can’t be anything but political. Our very own Justice Secretary did admit that Teehankee’s brother, ambassador and representative to the WTO, ended up being a factor in the decision. Considering how even impeached Presidents get pardoned nowadays, I guess the issue is not just about one deliberate act of political indiscretion, but rather, a whole system founded on it.

    Also, we shouldn’t forget about the victims’ families. If there is anyone against whom this crime has been committed, it is to them, who are in themselves victims, first and foremost. Why should they—or we—forgive him? Some things that have been taken away can never be returned. If it were our friend, our parent, our brother or sister, whose life had been taken on a whim, would we not feel the same way? We don’t have to undergo their experiences to be able to grasp they are experiencing. Forgiveness does not come easily for wounds that will never heal.

    If so, then is every other pardon just as objectionable?

    A decade ago, a lot of controversy surrounded the case of Flor Contemplacion, who purportedly murdered a fellow OFW as well as the son of their Singaporean employer. We claimed that she was framed, that she was innocent. We demanded that she be pardoned. Our then-president went so far as to personally appeal her execution sentence. It was denied. Her execution strained our country’s relations with Singapore for some time. Even if the facts of the case were never fully established to us, our then-president went so far as to call her a hero.

    But in contrast to Teehankee, Flor Contemplacion was a poor Filipina forced into an abusive working condition. If so, then is pardon simply a question of race or social class?

    Say a poor, oppressed farmer murdered his usurious landlord, who happened to be a wealthy and corrupt politician. Assuming he did his country a favor, does that make his murder any less objectionable? Would you call him a hero? Would you think twice about saying that he deserves pardon?

    Maybe it would help us answer the question if we turned our assumptions around for a minute. Let’s say that pardon is acceptable and justifiable under certain circumstances. If our administration can do it, and regularly, for the rich and influential, then it is fair to say that the same standard should be applied for those who are poorer.

    But assuming there was a case parallel to Teehankee’s, where the murderer a poor drunkard, the victims in question from the slums and the scene of the crime was in an obscure street alley rather than a high-class subdivision. Would that man have a right to be pardoned, too? Would there be an outcry if our president pardoned him?

    In the end, however, the question of pardon is about morality, more so than about politics, race, or social class. It extends to our conscience as individuals who live in a state which respects rights, including the benefit of the doubt.

    But if we were to talk about morality, then it goes back to the question: Is anyone beyond forgiveness?

    Tags: , , , , , ,

  • 31Jul

    PUBLISHED: Student & Campus Section, Manila Bulletin, 31 July 2008 Issue (page F-3)


    Last Friday, I found myself sitting outside the school library with a couple of classmates. The day was ending and I was sharing the story of how I used to take up karate. “Sige nga,” they said, after my story, “show us one of your kicks!”

    I chose one of the white pillars near the entrance as my hapless victim. I faced it. I bowed. Put on the standard stance. And without warning, gave it a high kick. WHACK!

    Boss, pumunta nga kayo dito at patingin ng ID.” That was the voice of the security guard who was surreptitiously standing behind me.

    That was the story of how I got my first violation of the school-year: vandalism. Why? My shoe stained the pillar. Couldn’t I just clean it myself? No. Okay, then what sanctions do I get? He wouldn’t say.

    After the conversation, I didn’t know who I wanted to kick—him, for being so unfriendly, or me, for being so stupid.

    On one hand, he did have a point. On the other hand, if I kicked something else (say, a tree) or if I kicked it somewhere else (say, some other university), I probably wouldn’t have been punished. Maybe that’s why it seemed so legalistic.

    I understand that laws are meant to establish order in a society. In my case, it was sending the message that if I did that “bad” thing again, I would pay for it. Therefore, other people wouldn’t follow my example. Fair enough. Except that people wouldn’t follow my example to begin with. People don’t ordinarily kick pillars for fun.

    It’s not that I blame my school for being too strict, or the security guard for doing his job. People get punished for being ignorant. In any kind of setting, it’s always the person’s duty to know about the rules.

    The problem arises when the rules are not clear, and the implementers are given wide latitude of discretion.

    Ideally, the way for you to defend yourself when faced in a situation like mine is to explain your side of the rules, being an informed and responsible member of the community. But what if the rules aren’t clear? Worse, what if the person apprehending you is looking to take advantage of you—do you think he’ll listen?

    Outside of a school setting, you would probably go to a lawyer. Except if it’s a small infraction, it’s probably not worth the effort. And when it’s a big infraction—well, let’s just hope you’re not against the son of some politician, or the politician himself. Otherwise, it’s better to give it up.

    The tragedy of it all is that this takes place in a country where most people are marginalized. Usually, these people have no faith in the system. Faith being non-existent, people could end up resorting to easier, illegitimate means, knowing the risks.

    This, in turn, gives birth to a bastardized version of the system, and nourishes it.

    For example, I’ve always wondered why certain government branches accept bribes from people in exchange for an easier time. Is it because our governments are inherently oppressive and evil, or because we continue paying the bribes? I don’t know.

    But whether or not I do, what scares me is the way wrong implementation has become normal to us. Bribing officers on the road seems to have become acceptable. In higher echelons, some people don’t give a second thought to bribing public officials if they get their way. It feels like with each bribe we pay and each corner we cut, our moral fabric as a society is twisting more and more into a mockery of what it should be. So that it’s the policemen who become the drug dealers, and the drug dealers who become our saviors.

    The greater tragedy is that we don’t know who the good guys are anymore.

    Honestly, I still don’t know who to kick. One side says I should kick myself, not necessarily for being uninformed, but for having a ‘lapse in judgment’. The other says I should kick the system for punishing me uselessly. Either way, it’s not like I have a choice but to go along with it. But since I wasn’t convinced that I was wrong, I’m not sure the rule lived up to its purpose.

    Perhaps the greatest tragedy of all is that this early, I am confused as to what is right and what is wrong.

    Tags: , , , ,

   

Recent Posts

Recent Comments

  • I had interest in Michael Jackson when I was a kid. My dad b...
  • I've been waiting for this post when it was published weeks ...
  • oh my! that's also my motive XD I mean... everybody's motive...
  • Mmm, the bedroom as a political space is always an interesti...
  • Sad, sad commentary about the political grandstanding. I was...