Rope-a-dope = no contact

I can still recall how many opponents of the legendary heavyweight boxing champion Muhammad Ali were so frustrated when they could not land a punch because Ali would “float” all over the ring, instead of trade punches like other boxers used to.

When his opponents called him “chicken” or afraid to box or brawl, Ali would declare his classic statement: “I float like a butterfly, but I sting like a bee”.

It must really be frustrating when your enemy is running circles around you or won’t stand still and fight it out.

This is the same exact situation state prosecutors, Senate investigators and political persecutors find themselves in. They want to see former members of the Arroyo Administration behind bars for various acts of corruption, but can’t even haul them to court because they are either on the run abroad or have gone into hiding locally.

But guess whose fault it is?

Last Tuesday, I learned from a source that former Agriculture Secretary Cito Lorenzo has once again skipped town for fear of finding himself in jail without the possibility of bail.

Prior to all this, Lorenzo had initially been “on the run” to avoid testifying before the Senate (which was then investigating the fertilizer fund scam) and being detained indefinitely by the Senate for being a hostile witness.

With a change in administration, Lorenzo returned to clear his name, banking on the Aquino administration’s Truth Commission. Unfortunately the Truth Commission was the victim of a judicial abortion and never came to life. To add to his misfortune, Cito Lorenzo was also tipped off that several plunder cases would soon be filed against him.

According to my source, Lorenzo was more than willing to face the music in court where he felt he would be able to defend himself. But since the plunder charge is a “non-bailable” offense, Lorenzo felt that he would be at the mercy of the political persecutors and would instantly be imprisoned as if he was already found guilty.

Yesterday, I heard a newscast concerning several plunder cases being filed against officials of a housing development firm. Once again, the anchor on board gave emphasis to the aspect of the case being “non-bailable” and that those charged would have to mount their defense from inside their jail cell.

Is it possible that what lawmakers meant for good has become a motivation to flee from the long arm of the law rather than to defend one’s self in court? In the end, has the “non-bailable” provision of certain laws become legislated injustice for some?

I understand that violent crimes such as murder or rape are categorized “non-bailable” because of the severity of the crime as well as the violence and threat to the public. I also agree that if criminals were caught “in the act” or with evidence in hand, then it is beyond reasonable doubt that guilt is established.

But in the case of plunder and economic sabotage, the law has unilaterally declared that a person should be jailed without bail. All too often I have read about cases or charges that have yet to be proven, which in the Philippines can take years if not decades.

In the meantime, anyone directly or indirectly linked to a plunder case or economic sabotage, whether they are the “boss” or the “alalay”, will immediately serve what amounts to a prison sentence even before the case goes to trial.

What ever happened to the process where the prosecutor or the complainant can ask that no bail be granted, and then the Judge determines and decides on the merit of such requests by reviewing the charges, the personal history of the defendant as well as “tools” available to the courts such as confiscation of passports, hold departure orders or house arrests or restricted movement under supervision of the law or counsel?

From the Regional Trial Courts, to the Court of Appeals, and finally the Supreme Court we have sufficient means to address concerns about respondents taking flight or not coming to court.

When Senator Panfilo Lacson was implicated in the Dacer-Corbito case, those going after him wanted Lacson behind bars more than they were interested to see him in court. So, Lacson skipped town and went into hiding.

In the case of the fertilizer scam and the helicopter scam, and the DBP “witch-hunts”, it seems that the “hunt” has focused on squeezing the truth out of the “alalays” or junior associates in order to get to the big fish. All these have come in the form of “non-bailable” court cases or Senate investigations and detention.

“Garci” went into hiding, Cito Lorenzo has gone into hiding and who knows who else has left the country, simply because the priority of the law is to put people in jail instead of bringing them to court.

It seems to me that political and personal vendetta have entered into how some laws have been crafted to make sure that those charged immediately land in jail thereby restricting their ability to operate and defend themselves.

To make matters worse, the wisdom and judgment of the courts are being devalued or undermined by laws that simply throw people in jail once charged.

The irony in it all is that, just like with Muhammad Ali, the people going after the accused can’t land a “legal punch” because their targets are not inside the “ring”.

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