The tale of two protests

There is a growing interest in “The tale of two protests” or the disqualification cases that Congressman Abraham Mitra and Controversial businessman Pepito Alvarez have filed against each other.

Much like a black comedy, both Mitra and Alvarez are fighting over the Governorship of the province of Palawan. While Mitra reportedly won the elections, Alvarez challenges the victory by a disqualification case based on the claim that Mitra is not an official resident of Palawan.

Mitra returned the favor by doing likewise, claiming that Alvarez is more a resident of Metro Manila and Cagayan de Oro proof of which is his control of the water supply of that city and other business concerns which takes up much of his time.

I don’t know how far back each individual goes, but it is public knowledge in Palawan that both families are not what we could call born, bred, raised and reared in Palawan. Yes they have lived extensively in the province and they have both enriched themselves from Palawan through hard work as well as politics. But as far as the province and people of Palawan are concerned the whole thing is a joke.

They both qualify as “residents of Palawan” under the legal requirements of the COMELEC the same way a Waray-waray can win in Ilocos after living there for six months to one year. Anthropologically speaking they are all genuine migrants to Palawan. So the issue or controversy on residency is as idiotic as the issue of nationality in beauty pageants. Beauty contestants are just nicer to look at.

This conflict has bordered on a black comedy because both individuals were linked with the Arroyo administration where Alvarez was associated via his business dealings while Mitra was associated through his political alliance.

Unfortunately their links also served as the perfect excuse for the Arroyo administration to keep its hands off the case or influence who becomes Governor of Palawan.

What draws interest to the Mitra vs. Alvarez & Alvarez vs. Mitra disqualification cases is the question: why does one case prosper all the way to the Supreme Court while the other remains in the controversial second division of the Comelec.

It seems that in the case filed by businessman Pepito Alvarez, the case has moved from the Comelec all the way to the Supreme Court where a decision is reportedly about to be released Tuesday this week.

On the other hand, the case filed by Mitra vs. Alvarez has reportedly languished with the Comelec. The alleged inaction of the Comelec tactically ties down Mitra to a wait and see situation while Alvarez is in perpetual “legal” motion and able to exercise every option to kick out Mitra.

According to the Mitra camp they don’t have the necessary funds to fuel the forward movement of their suit nor do they have the ability to influence or pressure COMELEC officials to do something. So their case against Alvarez has remained “parked” at the COMELEC.

Perhaps the case filed by the litigants can become the basis for a full-blown investigation that Chief Justice Renato Corona and COMELEC Chairman Melo can jointly undertake.

If I may politely suggest to the two elders, perhaps it is time to address the insults and allegations thrown at certain divisions of the COMELEC as well as the Supreme Court. How is it that a number of lawyers now openly talk about the power of money in influencing decisions of certain Justices as well as officials of the COMELEC?

It is disturbing to hear members of the court and media speaking or indirectly referring to certain Justices as directly influencing cases or being too accessible or approachable to lawyers and even litigants. There was a time when you did not even hear of such talk or to dare speak of such possibilities. 

How is it possible that in this day and age lawyers now incorporate PR and media campaigns in their “legal strategy” before the Supreme Court? The impression given is that if the litigation is between the wealthy and the not so loaded, the only equalizer is to draw media support for a particular case.

As one esteemed lawyer put it: “One cannot discount the reality that even the Justices of the Supreme Court are affected and concerned with media and public opinion”. The same sentiments have repeatedly been expressed by legal practitioners who have noted how opinions within the Courts often change and often blow in the same direction as the media takes. 

Whether it is about who has money or who has influence, there has long been enough reason to believe that not all is well in certain areas and with certain members of the COMELEC as well as the Supreme Court. As Alvarez and Mitra meet face to face this week inside the hallowed halls of the Supreme Court, the question will once again be asked: will justice be served and at whose expense?

Without a doubt, the entire province of Palawan will have to leave its future in the hands of the men and women of the Supreme Court.

This perhaps is a great lesson as well as a great irony. That in the end, the right of suffrage, the right of the people of Palawan to choose its Governor might ultimately be denied because the Supreme Court had to step in not only to choose who governs but ultimately what kind of a future lies ahead.