How can the accusers be also the judge?

When the two honorable senators, Koko Pimentel and Sonny Trillanes started to investigate the so-called ''outrageously overpriced parking palace of Makati,"  and even conducted an ocular inspection of the subject edifice, then made some prejudicial assessment before the experts could say their piece, then, with all due respect, we humbly submit that  due-process has been denied to the respondents. Due-process would require a truly independent investigator and due-process requires that the investigators would rather refrain from making any prejudicial comment until all sides are heard.

This rather distorted form of due-process makes us remember the late Ninoy Aquino, when he was tried by the Military Tribunal, whose members were all appointed by President Marcos, who was his principal accuser. Ninoy did then and there instructed all his lawyers, including the late Senator Lorenzo Tanada, Francisco Soc Rodrigo, Jose W Diokno, Joker Arroyo, Rene Saguisag, Nene Pimentel  and, of course, Jojo Binay, to withdraw their appearance and Ninoy argued his case alone and by himself. He was making a clever move because his battery of lawyers would give a semblance of regularity to these sham proceedings.

Ninoy stood up and said something like these: Gentlemen, I have my highest respect for all of you for being fine officers and gentlemen. However, you were all appointed by President Ferdinand Marcos who is my principal accuser. Would you have the power or even the guts to go against the wishes of your patron and commander-in-chief? And so, I shall not dignify these proceedings by the appearance of my distinguished lawyers. I shall not dignify it by my active participation. I call upon you to do what you want. And the rest is history. Ninoy was convicted and sentenced to die by firing squad.

It was in that occasion that Ninoy made that famous quote: " I would rather die standing up on my principles than live on my bended knees. " He said that because an emissary told him that he would be exonerated if he would only ask for some measure of clemency from President Marcos, who happened to be his frat brod. But Ninoy stood by his principles and did not participate in what could have been a sham. Because of what Ninoy did, the Military Tribunal's decision was rejected by the people. And remember that, even during Martial rule, sovereignty resides in the people.

Today, the son of the great activist from Mindanao, Nene Pimentel, is investigating Jojo Binay. Well, that is his duty, as part of the Blue Ribbon Committee. But it certainly is not his duty to be the accuser and the judge at the same time. Ninoy and Nene would have withdrawn their appearance. Jojo refuses to appear. That appears to be the more honorable thing to do. And Senator Trillanes, honorable as he is, like Senator Coco, should strongly consider the possibility that all their assessment and prejudgment may be rejected by the people. And history shall then repeat itself. And it is bound to hit those who refuse to learn from its many lessons.

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