Still, justice (after tiis)

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One conflict, one resolution. Two parties contend and they know when to end. Now you are sad, tomorrow glad (may pighati, may ngiti). This means that it is pleasing for oneself and for others to have a positive outlook on the future which also means not to lose hope (bawal mawalan ng pag-asa). Let us attach an explanation with examples:

ARCHITECT-CIVIL ENGINEER CLASH

Nineteen years of dispute in court whether both the architect and civil engineer should sign the “architectural documents” or only one of them. The group of civil engineers does not claim only they but they and architects can sign the documents. As for the architects, they are the only ones allowed to sign such.

The two groups both used laws in their assertions to the lower court, Court of Appeals, and Supreme Court, that they had the right (or “mas may karapatan”), and the matter was finally settled: “The Court thus concluded that only registered and licensed architects may prepare, sign, and seal the architectural documents listed in Section 302(4)(a), (c), (d), (e), and (f) of the Revised Implementing Rules, while only registered and licensed architects, or interior designers, may prepare, sign, and seal the architectural interior/interior design documents enumerated under Section 302(4)(b) of the same rules. [Courtesy of the Supreme Court Public Information Office]”

(See the entire decision dated March 15, 2023, but made known to the public just last week here.)

Although defeated in the Court of Appeals, the group of architects won the earlier decision of the lower court until the case was escalated to the Supreme Court which found their petition meritorious.

A civil engineering law (Republic Act No. 544) was passed, which was followed years thereafter by an architecture law. The SC Second Division, penned by Senior Associate Justice Marvic M.V.F. Leonen, resolved conflicting provisions of the laws.

The provisions of the two laws are irreconcilable, but the Court said that the latter law repealed the old law on matters of preparation, signing, and sealing of “architectural documents.” CE loses (tiklop na sa karapatan ng mga arkitekto ang mga inhinyerong sibil sa bagay na iyan).

In the court’s decision, some arguments were also studied such as the lack of architects after the world war, so the civil engineers could still sign the architectural documents then, but not now. The winning side emphasized that civil engineers are not that prepared based on their educational background where they did not take “architectural design, planning or drafting” which is only available in the normal architecture course.

IMHO, the CE field continues to grow with the number of massive infrastructures, projects, and public roads, so the lost legal case is no big deal. On both sides, it is better to focus on one’s own profession with clarity on the current position, compared to when the case was still pending. (Personally, the beauty of the situation for me is that I have both architect and civil engineer brothers. There is no competition and they work together instead, so thanks go to our parents who worked hard for our professions.)

We have come to another example of conflict with an end.

DE LIMA’S SANITY VS. DUTERTE’S ILLUSION

Unlike the previous case that was heard in all courts, Leila de Lima’s alleged involvement in drugs was ultimately resolved in a mere regional trial court (RTC). Taob si dating pangulong Rodrigo Duterte, ang nagpa-project ng prosecution sa dating senadora at kalihim ng katarungan, sa desisyon nitong Lunes, Nobyembre 13. Thus others continued to chant, “De Lima out, ICC in.” It is said that in the International Criminal Court, it is possible that Duterte will lose the case (of extra-judicial killings of thousands in his war on drugs) and he will be the one imprisoned instead.

Si de Lima ang sumalo ng lahat ng gawain ng oposisyon, gawaing tama at usaping tama kahit na ikasira pa niya at ikapiit pa niya ng halos pitong taon, sang-ayon mismo sa salita ni Senate Deputy Minority Leader Risa Hontiveros na boses din ng oposisyon. The two reunited in a press conference in a hotel in Quezon City after Muntinlupa City RTC Branch 206 Judge Gener Gito allowed de Lima to post bail.

De Lima’s camp has said that the charges against her were trumped up and that if there was any New Bilibid Prison illegal drug trade going on, de Lima had nothing to do with it, but she even acted on it. Duterte was still mayor of Davao City when the Commission on Human Rights she chaired was already investigating the killings there, so he was the only one with the motive to take revenge and pin on de Lima, according to the opposition, prominent people in the international community, and civil society organizations.

Hontiveros said that de Lima did not lose her courage to face the grueling challenges of the populist leader and his allies in the two branches of government and that she knew that the abuse of power and the weaponization of laws would also end, even as they thanked the new administration that gave hope to his release even though he was repeatedly denied bail. The case was weak, according to the judge, so the bail of P300,000 was allowed, and the release of the former senator from the police custodial unit at Camp Crame was ordered. That was also the last case after de Lima was acquitted in two other related cases.

People believed the disinformation campaign against de Lima, especially because Duterte initiated it. Duterte has been known to the world, not just for extra-judicial killings, but for swearing at anyone including God, and for making sexist and misogynistic comments.

Now that the former president is a private citizen, he wonders why there is no opposition. According to former senator and soldier Antonio Trillanes IV, this is the first time Duterte is opposing the administration while he is always allied with whoever sits as president. It is said that Davao City Hall was mired in controversy over confidential funds during the long terms of office of the Dutertes. According to the elder Duterte, the confidential funds are still needed in the Department of Education and the Office of the Vice President which are both led by his daughter Sara, but Sara later withdrew the request. Is the former president really pro-opposition? The obvious, say many who have come to their senses: Pro-China.

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.