The Land of Lawlessness

(photo removed)  Territorial jurisdiction can be waived only by law or by treaty (not executive agreement) duly ratified and concurred in as treaty by both parties, and it is the courts that are authorized to interpret the provisions thereof. Not even the President can waive the jurisdiction of our courts. Only through a duly enacted law or treaty (not executive agreement) as interpreted by the court can that jurisdiction be waived.

        Everybody’s on vacation and so in the dead of the night, the Philippine executive officials and the American diplomatic officers sprang convicted Lance Corporal Daniel Smith out of prison. Violating all law.

        Gloria Macapagal-Arroyo does not care about our criminal laws because she is immune from suit while president. But only while president. The crimes people want to charge her with do not prescribe by 2010.

        So… what does one do while enjoying immunity? Why, violate the laws, what else.

        George Bush, the most powerful man in the most powerful country in the world, exerted pressure on our judiciary when he told the Philippine ambassador: “We want custody of our boy.” He is outside the jurisdiction of our courts and of course enjoys immunity; Judge Benjamin Pozon obviously cannot and will not cite him for anything, ordinary folks like you and me and the judge follow the law in these parts.

        U.S. Embassy spokesperson Matthew Lussenhop and all those diplomatic officers who spirited the convicted soldier away, also enjoy immunity. And as officials who enjoy immunity, they don’t care about the laws in this country unless one of their own is being held for violations of our penal code.

        There’s a little-known law called the Revised Penal Code. It provides:

        “Art. 223. Conniving with or consenting to evasion. Any public officer who shall consent to the escape of a prisoner in his custody or charge, shall be punished: 1. By prision correcional in its medium xxx if the fugitive shall have been sentenced by final judgment. 2. By prision correccional in its minimum xxx in case the fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or violation of law xxx .”

        “Art. 241. Usurpation of judicial functions. The penalty of arresto mayor xxx to prision correccional shall be imposed upon any officer of the executive branch pf the Government who shall assume judicial powers or who shall obstruct the execution of any order or decision rendered by any judge within his jurisdiction.”

         (This is not to mention contempt of court under the rules of court, which has a penal sanction).

        Who cares? They’re just laws.

        Americans complain about the lack of order in this country when they’re applying for permits or negotiating the traffic; their media commentators sneer when we overthrow presidents and mock people power as mob rule. But see. Their own officials are the first to violate the laws in this country and the first to protect felons as long as those felons are theirs.

        The President, the DOJ secretary, certain state prosecutors, congressmen of the ruling parties, the DOF officials, the Bureau of Jails, the DILG, Comelec officials, have been flouting our laws for three years now.

        They have lost all basis to demand obedience of the laws from ordinary folks, pedestrians, working people, the impoverished. This government governs only by force, brazenly. Imperviously, and intractably. It is hanging by a thread that will snap, when all of us decide, at exactly the same time, that it should not stay a minute longer; when all of us see it all at the same moment and get angry all in one beat, and march out; four days is all it would take to take out this regime and 30,000 around Malacanang supported by millions in the provinces, do not talk to me about the rule of law and of obeying the laws, because this government has lost all authority to exact obedience having been the first and being the interminable violator of those laws, stop preaching about the Constitution because when the nation rises as one it is the supreme law, and if they use bullets, our friends, parents, spouses, siblings, will take our place on the asphalt, and if they use more bullets, townsfolks, urban dwellers, those who have retired, those in the sidelines, those waiting for a signal,  will take their places, in greater numbers  this city will fall.

        It’s time for this government and the powers that support it, to go.