Dura Lex Sed Lex

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June 8, 2015Leave a comment

Dura Lex Sed Lex
Ronald Roy — June 10, 2015

The Law is as much for the weak as for the strong, for the poor as for the rich, the old and the young, all the genders and seasons, and everything else on earth over which Man has dominion. The Law is enforced for the orderly, just and peaceful management of human and environmental concerns. Violations are dealt with usually to the Law’s fullest extent — a stricture imposed no less than by a utopian vision. Such is the rule of the Law, even-keeled, although sometimes harsh instead of lenient, and vice versa.

Dura lex sed lex
Utopia? Unfortunately, the Law cannot be perfect in this imperfect world, hence, its imperative and ready submission to amendment or repeal — its raison d’être often being held captive by the ill will of its amenders or repealers. Thus, it is so that Man’s fate goes by his own choices, virtuous or degenerate, wise or stupid.

The times are changing fast, and the Law has not kept pace. Nonetheless, it must be upheld even though it may at times be too harsh or too lenient. Dura lex sed lex is a Latin maxim that means “the law may be harsh, but apply it because it is the law”. Amidst the engulfing political decadence, would that the Law were changed in the spirit of righteousness. Is Sen. Grace Poe Llamanzares, more fondly called Grace Poe by her admirers, destined to infuse the body politic with that spirit in a higher office?

Grace Poe
The immensely popular Sen. Grace Poe may leave the upper house in 2016 to become the 12th president of our beleaguered republic. Although she has not categorically said so, her body language confirms it to the delight of her countless avid supporters. The lady is intelligent, down-to-earth, unassuming, and tough like his father’s pro-poor and crime-busting screen persona. Integrity-wise, she who calls a spade a spade has an immaculate public service record to boot.

Her good fortune is this: Because of all those snipes at her alleged failure of compliance with the citizenship and residency requirements which the Law imposes on her possible candidacy for president or vice president, she has become the “bullied underdog” that may well have streaked to the front of the 2016 presidential or vice-presidential race.
But then, is she aware that the wherewithal and organization she needs to win comes best from the Liberal Party, and that a Mar Roxas-Grace Poe LP tandem is her 99% chance to snatch the vice presidency? My take is that she should grab this arrangement now, rather than miss the plane in 2022. After all, the dynamics of politics are unpredictable.

Anyway, here’s the thing. Assuming she wins, she can still be disqualified on a technicality if, e.g., she’s proven to have missed the 10-year residency requirement by, say, one day — yes, one day!! I hope though that doesn’t happen but, well, “the Law may be harsh, but it’s the Law”!! Incidentally, a somewhat similar fate awaits Vice President Jejomar Binay in respect of his pursuit of the presidency.

Jejo Binay
With bated breath, everybody awaits the action of Ombudsman Conchita Carpio Morales on the Senate Blue Ribbon Committee’s finding of prima facie evidence at the conclusion of its investigation of plunger charges brought against the vice president and his son, Jejomar Junior, Makati City Mayor. With respect to VP Binay in particular, is Morales acting with dispatch or dragging her feet in cadence with drum beats coming from Malacañang?

It bears notice that VP Binay’s popularity rating of 30+% Heldon sway up to the very end of the Senate Blue Ribbon Committee’s hearings, implying that based on empirical statistics, he will become the man to beat in the presidential race, provided two or more candidates from among Bong Bong Marcos, Mar Roxas, Grace Poe and Rodrigo Duterte, among other wannabes, will join him in vying for the coveted Palace position.

Then, after Binay wins, holy macaroni, we may see the legal technicality of “immunity from suit” facilitating his assumption of office — however guilty he may be, ‘though not by final judgment!
Of course an utterly ridiculous and internationally embarrassing situation like this should not be allowed to happen. It therefore behooves all concerned in the justice system, in fairness to Binay himself who deserves a speedy trial, to ensure a final judgment on his innocence or guilt before he takes the oath of office required for assuming the position of president.

If found guilty by final judgment before he assumes the presidency, Binay’s victory, though he may have won by a landslide, is invalidated, and he goes to jail. If on the other hand guilt is not pronounced by final judgment before he assumes office, the Law, harsh to the nation as it may be, will shield him against prosecution since presidents cannot be sued during their terms. Dura lex sed lex.

ronald8roy
Web site: musingsbyroy.wordpress.com