Gift-giving before the courts and celebrating Christmas Day every day

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A rule that is old but gold, the Presidential Decree (PD) No. 46 “making it punishable for public officials and employees to receive, and for private persons to give, gifts on any occasion, including Christmas” was “done in the City of Manila, this 10th day of November, in the year of Our Lord, nineteen hundred and seventy-two.”

Make no mistake about the Marcos Sr. decree, says Atty. Nilo Divina, “giving modest gifts to a public official per se is not wrong.” Writing for the Daily Tribune (2019), the law dean adds: “It can be noble, thoughtful and kind as long as it is not by reason of, or in connection with his public office and within the parameters set by law. Just make sure that your acts and intentions are consistent with those parameters.”

Five years thereafter, the Supreme Court (SC) found the top lawyer guilty of Simple Misconduct under the Code of Professional Responsibility and Accountability (CPRA) for “committing impropriety when he sponsored the trips of Integrated Bar of the Philippines (IBP)-Central Luzon officers.”

The decision that included the fine of Php 100,000 on Attorney Divina is appealable. He would supply additional context, saying: “I sincerely hope that by providing (it), the Supreme Court will appreciate my perspective… My commitment to upholding the highest standards of professional conduct remains unwavering and I reaffirm my dedication to ethical practices in all my professional dealing and interactions.” There has been no news about his motion for reconsideration since that statement was made four months ago; the decided case that arose from an “Anonymous Letter” stays.

Nobody knew who Santa is – Divina might just be one-half or one-fourth of Santa. Someone equally unknown won the litigation, nonetheless. You may read it at https://sc.judiciary.gov.ph/23-04-05-sc-re-illegal-campaign-and-activities-in-integrated-bar-of-the-philippines-central-luzon-allegedly-perpetrated-by-atty-nilo-divina-2/.

Decisions on these depend on the appreciation of facts; otherwise, when is a bribe a bribe, and when is a gift a gift? When is a foul a foul, and when is a fumble a fumble? Thanks to veteran sports journalist Al Mendoza for these contentious but portentous questions. In the basketball court or court of law, if in the Philippines, everything is possible.

Manila Clasico as a special gift

The Philippine Basketball Association (PBA) has a sibling rivalry composed of Scottie Thompson (Perpetual), rookie RJ Abarrientos (FEU), Troy Rosario (NU), Justin Brownlee, coach Tim Cone, and Barangay Ginebra San Miguel Kings versus Mark Barroca (FEU), Zav Lucero (UP), Jerrick Balanza (Letran), rookie Jerom Lastimosa (Adamson), Calvin Abueva (San Sebastian), center Ian Sangalang (San Sebastian), and Magnolia Chicken Timplados Hotshots (formerly Purefoods).

In the latest Manila Clasico on December 25, 2024, the never-say-die spirit of the Kings, especially the fans, hacked into the Smart Araneta Coliseum anew, this time in a very special way. Bawal kumarap. It was decided via a buzzer-beating corner triple.

The Kings were caught hardworkingly asleep as they trailed 52-72 in the third quarter, mainly due to the high-percentage three- and four-point field goal shots of coach Chito Victolero’s Hotshots.

The NSD spirit cannot be denied, however. The tale of “The Living Legend,” Sonny Jaworski, was to be relived. Coach Tim woke the sleeping giant Barangay and asked what they—the darlings of the crowd—were for.

The Kings walloped the Hotshots defensively and their setup plays proved effective, including the Triangle offense. Its sign could be seen numerous times in the hand gesture of LA Tenorio’s heir apparent Thompson who, earlier in the game, was honored for dishing off 2,000 career assists (becoming the 32nd PBA player to do so). Oh, heir apparent… Would it be Abarrientos? Hard question in the hardcourt, but Magnolia was suffering in the hands of the Ginebra stabilizers anyway.

As the two SMC sister teams scored 92 points apiece, would it be another Brownlee moment? The answer was in the affirmative but with a twist. He and Abarrientos, at the prodding of winningest Coach Tim, set up a back-and-forth passing of the ball while Thompson was left wide open at the corner in front of the Ginebra benches. Receiving the sharp assist and warding off the outstretched arms of a half-a-second late opponent, he knocked down a triple to give Ginebra a special Manila Clasico win, 95-92, as time expired to the delight of 12,198 (paying) fans.

Celebrating Christmas Day every day

For unto us a child is born, unto us a son is given: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counsellor, The mighty God, The everlasting Father, The Prince of Peace.

Of the increase of his government and peace, there shall be no end, upon the throne of David, and upon his kingdom, to order it, and to establish it with judgment and with justice from henceforth even forever. The zeal of the Lord of hosts will perform this. (Isaiah 9:6-7)

For even the Son of man came not to be ministered unto, but to minister, and to give his life a ransom for many. (Mark 10:45)

Thank you, Jesus.

Author profile
DC Alviar

Professor DC Alviar serves as a member of the steering committee of the Philippine International Studies Organization (PHISO). He was part of National University’s community extension project that imparted the five disciplines of a learning organization (Senge, 1990) to communities in a local government unit. He writes and edits local reports for Mega Scene. He graduated with a master’s degree in development communication from the University of the Philippines Open University in Los Baños. He recently defended a dissertation proposal for his doctorate degree in communication at the same graduate school under a Philippine government scholarship grant. He was editor-in-chief of his high school paper Ang Ugat and the Adamson News.