Due process meant to protect even the worst

I disagree with Ernesto Magtoto that the rules of procedure are being used against truth. (“Rules of procedure used vs truth,” Inquirer, 1/25/12) It seems that he does not appreciate the need to scrutinize facts and is quite overwhelmed by the language used in a court trial. I am even wondering how he arrived at his conclusion that some lawyers make a mockery of court procedures by being “technical.” He also errs in his appreciation of the right against self-incrimination.

First of all, has Magtoto ever been in a legal battle? Is he aware that even synonyms cannot be carelessly used because they could have different connotations in actual usage? And has he been accused of something and then confronted with a rule of procedure being applied ridiculously?

I have a relative who is currently in prison. He was arrested without a warrant while watching a telenovela in the sala of his home. When the father of the accused asked for a warrant the next day, the policemen couldn’t present one. To this day my relative remains in jail.

I also know of someone accused of rape. The organization to which he belonged immediately acted on the complaint without informing him about it beforehand.

While the accuser was reading her allegations in the open, an expulsion letter was already being circulated. The accused was not given a chance to present his side and be heard. He was suspended but his accuser refused to file a case in court because there was evidence that cast doubts on the truthfulness of her complaint.
On the issue of self-incrimination, how will a person feel when he is being openly questioned and the public is watching? I will have no problem with it because I am able to write this reaction. But how about Filipinos who are not educated?

How about a chief justice whose trial is shown live by media? Imagine yourself being tried openly in public, with the media taking note of every word that comes out of your mouth. We all know how nasty some media outfits can be sometimes.

The only thing needed in the ongoing impeachment trial, or in whatever trial, is preparation. We all saw how Senate President Juan Ponce Enrile chastised the prosecution team for being unprepared. They rushed the articles of impeachment and they had almost a month to prepare. But when the trial started they had to admit they were unprepared. On the fifth day of trial, they were still unprepared.

It seems what is happening now is that Chief Justice Renato Corona is being tried as Renato Corona. But what if he were an ordinary Juan Dela Cruz being tried outside the rules of procedure and without being accorded due process? Would truth and justice be served? Why don’t we just shoot someone who is accused of a crime and save ourselves the trouble of a court trial. As my teacher in Ethics would say, “If the Law cannot protect the worst of us, how can it protect the best of us?

—DAX XENOS P. LLORENTE,

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