Hitlers and Mussolinis in Espuelas’ mind

There was a Boholano named Oscar Espuelas y Mendoza, who used an unusual form of literature that led him to be criminally charged and convicted of scurrilous libel under a provision of the Revised Penal Code. Using the pseudonym “Alberto Reveniera,” Espuelas pretended to have a photograph of himself committing suicide by hanging on a rope. He sent that picture to newspapers and magazines for publication and what was startling about that photo was the caption that he labeled it with. Reveniera, rather Espuelas appended to his supposed suicide picture a note expressing shame at the administration of President Manuel Roxas, which he labeled as a government “dirty” and “infested with Hitlers and Mussolinis.” In effect, his photo was deemed a publication that “suggested or incited rebellious conspiracies or riots” or “tended to stir up the people against the lawful authorities,” as prohibited by Article 142 of the penal code.

I choose the Espuelas incident for this article because there seems to be an odd similitude in our situations. I was born in Candijay, a peaceful town in Bohol, 92 kilometers east of Tagbilaran City. The series of publication he made took place in 1947 and the subsequent case he faced was finally decided in the early 50’s around the time near my birth year. Like Espuelas, I am shamed by what brilliant leaders in our country have done and are doing. But, I do not want to say there are Hitlers and Mussolinises in high government places because I do not want to end like Espuelas - convicted of scurrilous libel.

If Espuelas were alive, he could have cited certain incidents as shaming him. On the very day the impeachment complaint signed by more than 200 members of the House of Representatives against Vice President Sara Duterte-Carpio was filed in the Senate, the upper chamber decided to enjoy a recess. Espuelas could have hanged himself feeling the shame that the learned men in the senate committed two constitutional violations. In our constitution, the senators, upon receipt of the articles, should have convened as an impeachment tribunal and try the case “forthwith.” They knowingly breached that constitutional mandate. That was their first sin.

Here is the second. Espuelas could have recited a constitutional provision that requires our legislature to hold sessions from the fourth Monday of July until thirty days before the next regular session. The recess that the Senate took covered the days when they were duty bound to hold sessions. Espuelas could have committed suicide after being shamed that the senators literally stopped working for four months but continued to receive salaries and other perks.

Here is the worst incident Espuelas could have cited. It was the case Osmeña vs Pendatun. By the way, Espuelas’ defense lawyer in the case was Atty. Carlos P. Garcia. When Garcia became president a Cebuano congressman delivered a privilege speech in congress accusing him of many scandalous things and corruption. The Cebuano lawmaker was accused, heard and sanctioned by his peers for disorderly behavior and misconduct. When he went to the Supreme Court to challenge the penalty imposed upon him by Congress on the ground that his speech was an exercise of parliamentary privilege, the court ruled that it was a political question to be resolved only by congress. Espuelas could have pretended to hang himself being shamed that our Supreme Court apparently interfered the impeachment process against Duterte-Carpio which is a sole domain of legislature as a political question.

I join Oscar Espuelas in his literary misadventure for I share the shame he felt. But, in order that the Hitlers and Mussolinis in high offices will not accuse me of scurrilous libel, I simply say that the moves taken by Senator Francis Escudero and the ruling of the Supreme Court declaring the impeachment articles unconstitutional have unlearned for me my insights into some constitutional law doctrines that forty years of teaching the subject have brought.