Aguirre not in contempt, only acting in self-defense | Inquirer Opinion

Aguirre not in contempt, only acting in self-defense

/ 02:55 AM March 19, 2012

Lawyer Vitaliano Aguirre II is valedictorian of Class 1971, San Beda College of Law, to which I proudly belong. No doubt, his rating in the bar examination is a lot, lot higher than that of Sen. Miriam Defensor-Santiago (76 percent, according to Inquirer columnist Conrado de Quiros), who barely passed it.

Was Aguirre bound to listen to the tirade, inanities and insults unleashed by the inscrutable and outraged Santiago, who acted like a mad dog on the loose, or he would be cited in contempt of court? That’s crazy!

Assuming arguendo, Aguirre’s covering both his ears appeared repugnant, he acted in complete self-defense. In libel, a person libeled is justified to hit back with another libel (People vs Chua Hong, CA 51 OG 1932; People vs Pelayo Jr., CA OG 1994).

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So, when Santiago called him “gago” and “stupid,” and had Aguirre retorted, “same to you,” the latter would have acted in complete self-defense. But Aguirre did not even go to that extent. He simply cupped his ears because he could no longer bear the insults and the inanities of Santiago. And the impeachment court cited Aguirre for contempt. For protecting himself from further hearing the vilifications of Santiago? Again, that’s crazy!

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Should Santiago not be punished instead?

Is the impeachment court saying that only its members deserve respect and the lawyers and prosecutors do not?

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The insane comportment of Santiago should be more than sufficient to prompt our government to reconsider and withdraw its recommendation for her to be a member of the International Criminal Court (ICC). Her despicable conduct as a judge in the impeachment trial serves an ominous warning that she may bring dishonor and humiliation to our country and people. I do not know, but—this is possible—could this be the first time the ICC will have a judge who barely passed the bar examination?

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Lawyers should rise in indignation against the shabby treatment of Aguirre by Santiago.

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—REX G. RICO,

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TAGS: corona impeachment, Senator Miriam Defensor-Santiago

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