Cruel and unusual

Cruel and unusual punishment is a legal phrase near and dear to a law student’s heart. More so to the hopeful barristers taking the political law exam tomorrow (more about the bar exams below). But this week’s column will not focus on legalities.  

Let’s first discuss the unusual.  In an earlier column, we provided our four centavos to the “Naked Truth” billboards along EDSA.  In particular, we scored the indiscriminate showing of the male anatomy which can be distracting (and potentially destructing) to motorists (at least to the fairer ones and fairies) and potentially discriminatory against those who wish to show off (or view) the female version. Hence, our proposal was to either totally ban or totally allow both types of ads.  

The current brouhaha was brought about by the underwear and denim fashion show staged two Saturdays ago. Boy-next-door Filipino actor Coco Martin strutted the catwalk with a female Canadian model in a leash. The latter partially walked on all fours like a feline pet. Netizens were indignant with the supposed message being conveyed — the sexual exploitation and commodification of women. Others even raised a potential violation of the Magna Carta of Women which prohibits their “non-discriminatory and non-derogatory portrayal.”  

On the other hand, some came to the clothing manufacturer’s defense. They invoked the Filipino’s creative freedom and artistic expression in the 21st century. Gender issues aside, there were also those who were secretly delighted with the reverse racial discrimination — darker skinned Asians are now pulling the strings as against fairer skinned Caucasians.  

Was this an unusual situation to take offense with or a usual case of “much ado about nothing”?

The “cruel” part also involves the feline family.  Did you read about 23-year-old Andre Robinson, who was caught in a 12-second video kicking a stray cat? He was arrested and charged with animal cruelty. His trial starts on Oct. 23. 

If Robinson had kicked a person, he would likely have been offered a plea bargain without jail time — if he would have been arrested at all. But because of the inordinate attention given and resources provided by animal rights activists, he has not received a plea offer from prosecutors which apparently is extremely rare in misdemeanor cases.  Moreover, the activists are pushing law enforcement officials to place Robinson behind bars.

If Robinson will spend time in prison, he will not be the first.  In Virginia, a man was sentenced to a year in jail for starving a pit bull. In Texas, a man received a five-year sentence for dragging a wayward donkey behind his truck.  Also getting a one-year sentence was a Brooklynite who set a cat on fire.  

Civil rights lawyers defending Robinson argue that jail time seems disproportionate to the crime when an animal is the victim. They claim that sending people to jail can have serious long-term consequences such as taking away someone from school or a job to which they may not return.  So while Robinson perpetrated a cruel act, query if the resulting punishment is cruel as well?  One wrong does not make another wrong right.  

My brothers and I used to place water in balloons and drop them like bombs on stray cats populating our home.  I guess that would be a no-no game in this day and age.   

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There was poetic symmetry in the UAAP basketball’s semi-final games. And the results were cruel and unusual as well. Unusual that NU will be in the finals. And cruel that both Ateneo and La Salle lost.

While “cats and dogs’ were raining outside the big dome, a thunderous crowd was roaring inside for their respective teams. And both were cliffhangers which were not decided until the final 10 seconds of the game. The No. 1 seeded Ateneo Blue Eagles were beaten by the NU Bulldogs for the fourth time this season. Its final play was, as usual, Kiefer-oriented.  Unfortunately, he did not deliver this time. On the other hand, the perennial cellar dweller of before is no more (UP and Adamson take heart).  Not since the glory days of Adriano “Jun” Papa 44 years ago will the Bulldogs get to play in the finals.

The FEU Tamaraws’ twice to beat advantage was also almost erased by the Archers. Mauled during the previous game, the green and gold refused to give up amidst the relentless onslaught of the green and white.  And Mac Belo’s game-winning three point shot was a sight of pure perfection.  

After Ateneo lost the first game, I am sure that many of its fans were secretly rooting for the Tamaraws.  Misery loves company. This is the first time in 20 years that neither Ateneo nor La Salle will be playing in the finals. Tournament organizers and sponsors are worried about the impact on viewership and box office receipts. 

After the games, I am not sure which street was more flooded — Taft Avenue or Katipunan.

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Bar hoping:  6,344 “barristers” will be trooping tomorrow to the UST campus to “do battle” in the 2014 bar examinations.  They will be taking a total of eight exams during the four Sundays of October. Administered by the Supreme Court, this year’s chairman is Justice Diosdado Peralta.  The questions are expected to be fair considering that Justice Peralta was a long time professor in Criminal Law and Procedure in several law schools.  Ateneo, UP and San Beda are again expected to dominate in terms of passing percentage and placing in the top 10 although UST is a strong contender this year given that Dean Nilo Divina is the current president of the Philippine Association of Law Schools, Justice Peralta is a UST alumnus and the school’s graduates enjoy the home court advantage. There is also the rumor that Thomasian barristers are secretly praying for rain so that Espana will be flooded, a fortuitous event that they (but not the others) are used to.

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“I must be cruel only to be kind; Thus bad begins, and worse remains behind.”  –  Shakespeare

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