That, at least, is what I read between the lines, in Justice Antonio Carpio’s strongly worded ponencia dismissing the rebellion case against Crispin Beltran and his co-accused.
The decision of the Supreme Court’s Second Division is straightforward, but it ends with a “Final Word” that looks, for all the world, like a shot across the bow of the Department of Justice. If Raul Gonzalez were a man sensitive to legal subtleties, and averse to repeating history, he might consider himself warned.
The high court scolded Gonzalez for a truly outrageous statement, the prosecutorial equivalent of ‘let them eat cake,’ the ‘what are we in power for’ version for the 21st century. ‘We will just declare probable cause, then it’s up to the court to decide,” Gonzalez had said in March 2006.
Immediately after the scolding, the court said:
The obvious involvement of political considerations in the actuations of respondent Secretary of Justice and respondent prosecutors brings to mind an observation we made in another equally politically charged case.
That case was Tatad vs Sandiganbayan, and it involved an inordinate delay in the preliminary investigation phase. Carpio used the following quote from that case to clinch his argument (and end the ruling on a thumping note).
[W]e 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.
(Incidentally, the PCIJ report on the Beltran decision was admirably detailed and properly backgrounded, but the way it was written makes the third and fourth paragraphs seem as though the Tatad quotes were original to Beltran.)
The Tatad case involved Gonzalez peripherally; he was the Tanodbayan at the time, although he wasn’t the Tanodbayan involved in the case and reprimanded by the high court. But the out-of-bounds conduct assailed in that case overtook Gonzalez in time; he was suspended by the Supreme Court a few months later, in October 1988, essentially for insisting on a legal view already rejected by the court. (He was reinstated about four years later, in early 1993.)
Reading the Carpio decision, and remembering Gonzalez’s recent string of defeats in Supreme Court cases (his legal philosophy these days, it seems to me, is based on an untenable assertion of the executive’s privileges), I cannot help but think that, however subtly, the high court is sending him, not merely a message, but a warning.
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15 Feedbacks on "Time to resign"
OFW in Afghanistan
The Gonzales’ twins are the biggest joke in this country today. I do not think Raul Gonzales is capable of thinking in his right mind. The guy is so sick. He does not think at all.
Whether he has the delicadeza to resign is another story. The guy is so thick faced, sobrang kapal. I do not think that he has that self respect to do the right thing.. which is, at this point, to resign!
Ha,ha! Gloria Arroyo thinks that the Filipinos are all losers like her so she appointed a loser like Raul Gonzales as the Injustice Secretary. Thank you very much to the Arroyos for this special gift. I will never forget (and forgive) you for this wonderful gift.
erasmo s. laurel
If I were Gonzales, I better resign as immediate as possible. His (Gonzales) actuations from the past up to the present are clearly uncalled for. The Arroyo administration must take note that further retention of Gonzales in the DOJ as secretary would bring more havoc to the government of this Republic, and is shameful to the eyes of all Filipinos and maybe to the entire world. He must now be eliminated.
Nelson Garcia
Comment to our Sec. of Justice Mr. Raul Gonzales: I dont like the way the Sec. of Justice tackle issues regarding people having cases filed by the gov’t. against them. It makes the recent administration bad to the looks of majority of the people due to the uncontrolled/bias statements of the secretary against them by judging them without trial. For us to believe in him, I suggest he should clean up all the documents filed in his table first before he faces the camera for an interview. He’s not getting any good impression from the viewing public everytime they see those mountain high (unclosed) documents/cases on top of his table. It looks like he is not doing his job and just pretending very busy by showing those papers in front and back of him. I hope those mess are remove the next time he face the camera for an interview.
Many thanks…
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Dennis
Raul Gonzalez has a thick face. He can stomach to be a laughing stock just to divert the attention of the critics of GMA thus courting the flack away from his master. Its very obvious GMA doesn’t want her to go because of that benefit. It’s actually a symbiotic relationship between two parasites. Raul Gonzalez can bask on the glory and power of his office while GMA enjoys having a lightning rod of sort to absorb all the thundering criticism against her regime.
Nilo V. Generoso
It is high time that a review of the required qualifcations of appointed government officials, if there is such a qualification requirement, be scrutinized and revised. ARROGANCE and/or IGNORANCE “must not” be part of the public service. Political agenda must be set aside when called upon in the executive branch or better yet, keep politicians away from those departments of the government where fair services to the people will be compromised.
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mj
the supreme court must immediately dis-bar that abusive ignorant barbaric dirty-old-man injustice secretary of the illegitimate president kono!!!
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Bert
Resign, my eye, are you guys halucinating? Pls. wake up, you are in the Phil., and in the Phil. nobody resigns. There is a longshot possibility his boss might resign, but not Raul. Eh, Raul? Somebody said the SC must disbar Raul. Pare, natutulog ka sa kangkungan, and snoring like a log. BOOM! Wake up!
Doddy
Let’s face it. Sec. Raul Gonzales will never resign and Pres. Gloria Arroyo will never fire him. He holds the secret of the cheating in the 2004 elections that put Gloria Arroyo in power. He is a good coordinator gathering all the forces of the Administration to oppress anybody that falls out of grace of the Arroyo family. The man who can remove these two birds of the same feather has not been born yet.
romy
I dont think Sec. Raul Gonzales will resign nor I think he should resign. It is the politicized SC justices who should resign. The falling out between the firm and the Arroyo’s is the main reason why Carpio’s decisions were very apparent in its hatred of the present government. PGMA appointed him to the Supreme Court. If he thinks she is an illegitimate President, the he should resign because his appointment was void and illegitimate.
Kabayan
Injustice Secretary Gonzales? Why should he resign? Every court should have its clown.
OFW in Afghanistan
Yes, Kabayan, I agree… provided the clown entertains me. But I do not find him entertaining at all!
Kabayan
Yes indeed. Even as a clown Gonzalez is a failure. Maybe he could take miming instead
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