I’ve nothing to write about today — What is the difference between the PDAF being struck down as unconstitutional and the DAP being dealt a legal fatal blow?
PDAF is an act of Congress; DAP was
created by the hand of the President.
From where the President sits, a lethal attack on the DAP has more serious legal consequences on the presidency – maybe not political because his people keep reminding us he still has the numbers —
but who is to say what outcomes legal blows may bring.
Therefore, from this point of view, he had to, and has to put up a fight for DAP — from where he sits, he cannot have it undone, having it undone wholesale might weaken the case of Malacañang before the Supreme Court.
It’s almost like…i hate to say this… being indicted in a criminal case or being an accused in a criminal case — legally, your only options are to stay silent — or to fight back (actively present defenses). You cannot do any act that would be construed as admissions that you were wrong — you cannot confess. It’s almost like … i’m sorry i’m going to say this… it’s almost like —ikaw ang nasasakdal. Sorry i had to say that; but this allows an understanding of why he has to do what he is doing.
That’s the difference between the attack on the PDAF and the onslaught on the DAP. DAP is made up of his overt acts.
His “advisers” thought the best form was the unprecedented primetime all- TV -network -broadcast. And since his trust rating was slipping as well, instead of confining themselves to legal arguments, they thought they might as well throw in the “i-am-not-a-thief” theme.
There are however some questions about the logic displayed in the speech itself or the content, in the context of the “scrap-pork” calls.
The call, supported by overwhelming numbers according to the empirical data of the social scientists, is:
Last month, the blog posted that Janet Lim-Napoles could be brought to the Senate on a Senate subpoena only upon order of the RTC Makati.
The Senate had issued a subpoena, and yesterday afternoon, the RTC Makati announced that it would allow the accused Lim-Napoles to be transported to Roxas Boulevard on Nov. 7 to to attend the Senate hearing, according to the news dailies. i guess… the clerk of court typed up or would type up an order for the judge’s signature. Or… i guess the judge made the announcement in open court with the parties present so it had the effect of an order.
Normally… unless an emergency is involved, before the Court moves the body of the accused around, across cities, etc., it issues an order and the accused’s lawyer and next of kin is informed (normally — if it is not an emergency — the parties are notified beforehand).
Normally, the procedure followed here is, the PNP appears before the judge in open court and informs him/her that there is a need to move the accused around, etc. etc.
So i guess… the judge followed the normal procedure for non-emergency moving around of the accused…
