Thursday, March 1, 2012

CONTEMPT

What transpired yesterday at the Impeachment trial was certainly unprecedented in the history of our democratic system. Why? First, it happened on a national television and later on the proceedings were, as expected uploaded on the internet. Second, a member of the Philippine Bar was cited in contempt for exercising his right to express himself (when he admitted that what he did - act of covering his ears - was intentional). Third, the senator-judges may differ in many ways but they are firmly united if their dignity as a court is threatened. Fourth, the contending parties were the court and the prosecution while the defense which should be the adverse party merely watches the proceedings - probably with a certain degree of disbelief and excitement. Fifth, the entire nation had been tuned in and today, whereever people would come and go, the topic has been yesterday's incident.

In ordinary court proceedings, there have been many times when lawyers are subjected to many kinds and forms of humiliation and tongue-lashing episodes. Seldom, yes, very seldom, can we witness a similar incident where a lawyer would make gestures which may be deemed or otherwise, misconstrued as a sign of disrespect for the court. But with the admission of the lawyer, who was honest enough to be extremely candid with what he feels at that moment, he was necessarily cited in contempt for that.

One may or may not understand why the private prosecutor has done it - the act of covering his ears, and one must know the person to understand why he did it. Unfortunately, how many among those watching, listening and being shared with about what happened would have the privilege of knowing the person. The person was honest enough to have made admissions, and he owns the act without any excuse or alibi. He took responsibility for his actions.

But of course, the court cannot tolerate such act. For the court, the act ridicules the institution and thus should not go unnoticed. It is not the person which is at issue but the respect due to the court itself. Those in the legal profession would understand the position of the court and were not surprised when the private prosecutor was cited in contempt. The verdict as to the penalty will be resolved and thus awaited next week.