[OPINION]  Authorities of legal guidelines, authorities of males

At present we see authorities of legal guidelines submerged in a excessive tide of corruption

The regulation is just like the air we breathe. With out it no dwelling factor can survive. There should be a regulation!

Allow us to contemplate two conditions, one which reveals the need for regulation in social life and one other one which reveals what it might be like if there have been no regulation. If an individual finds a vacant lot and desires to construct a home on it however one other individual needs it too, what do they want? 

A regulation, isn’t it? 

If a hospital has cardiac sufferers however a neighborhood is celebrating a fiesta and exploding firecrackers. what is required? A regulation, isn’t it? If mass is being held on the Quiapo Church, however throughout Plaza Miranda neon indicators brightly announce a burlesque present, what is required?  A regulation regulating using the plaza, isn’t it? And if a sugar mill is dumping waste issues right into a creek and polluting a river, what is required is a regulation, isn’t it? “All the time a regulation,” as Justice Malcolm burdened in a case holding that that the mayor of Manila couldn’t deport ladies of ailing reputation with out the authority of regulation. 

Second, what would possibly it’s like if there have been no regulation? Allow us to contemplate now the case of the gold miners. They’d been trapped contained in the cave. by a landslide. They’d been instructed by radio that with out meals they might doubtless die earlier than they might be rescued. They subsequently decided by throwing cube who can be killed and eaten in order that others would possibly stay. 4 had been rescued and later prosecuted for homicide and sentenced to loss of life. On attraction to the Supreme Court docket, the 5 justices of the Court docket reached various conclusions. 

Chief Justice Truepenny voted to affirm the conviction and be part of a petition to the Government to grant clemency to the defendants. He mentioned the defendants had been in a “state of nature” and the conventional legal guidelines didn’t apply to them.

Justice Foster joined the petition on the bottom that as the aim of the prison regulation is deterrence, this is not going to be served by affirming the conviction of the defendants.

Justice Tatting mentioned he couldn’t resolve the case as a result of there are different functions of the prison regulation, particularly retribution and rehabilitation.

Justice Eager mentioned the Court docket ought to consider public opinion, 90 p.c of which needed lesser punishment for the defendants. Justice Helpful thought the defendant ought to be acquitted as a result of the Government was not more likely to grant them clemency. Unable to resolve the case with out a regulation, the justices had been compelled to dismiss the attraction.

 “We might be actually civilized,” Paul Freund as soon as mentioned, “when the Supreme Court docket is not front-page information, when the judges want occupy no extra exalted a spot than . . .  dentists, doing a little bit of patchwork right here and there, however not liable for the fundamental well being of the society.” That’s when the federal government is  a authorities of legal guidelines. 

Submerged in corruption

In order that we could obtain such authorities, we elect representatives to make legal guidelines in Congress and require the President, as the very best Justice of the Peace of the land, to take an oath to “protect and defend the Structure and execute the legal guidelines.”

However as we speak we see authorities of legal guidelines submerged in a excessive tide of corruption. Cash appropriated by regulation for the development of flood controls is misplaced to unscrupulous contractors with the connivance of unscrupulous lawmakers. We see a horrifying reign of greed, of avarice. 

A authorities of legal guidelines should even be a authorities of males. “Males,” because the poetJoshia Gilbert Holland prayed God, “whom the lust of workplace doesn’t kill; Males whom the spoils of workplace can not purchase; Males who possess opinions and a will; Males who’ve honor, males who is not going to lie; Males who can stand earlier than a demagogue; And rattling his treacherous flatteries with out winking! Tall males, sun-crowned, who stay above the fog in public responsibility, and personal pondering.”

Authorities of legal guidelines should even be  authorities of males, equivalent to was exemplified by the federal government of the late president Ramon Magsaysay, the standard mechanic from Zambales. Magsaysay’s tenet in life was: “Those that have much less in life ought to have extra in regulation,” and “Can we defend this in Plaza Miranda?” He knew that regulation, as instrument of social motion, can be utilized for good or ailing, and he used it for good. 

We can not at all times have a Magsaysay, and we should always ever be on our guard at all times, lest these to whom we entrust the enforcement of our legal guidelines betray our belief. The acquainted maxim “Quis custodiet ipsos custodes?” (“Who will guard the guards?”) ought to be a relentless reminder to us to be vigilant.

What can we do as residents?

We should start by instructing regulation early in life. We should train it within the grade faculties and excessive faculties. College students ought to be made to learn the Invoice of Rights after which requested easy issues based mostly on it, like “What do you do if, whereas mass is being held on the Quiapo Church, a cellular cart throughout Plaza Miranda is blaring some business merchandise?”  

This can interact the scholars’ curiosity and make them see that the issue shouldn’t be a lot proper versus mistaken as it’s proper versus proper: the appropriate of a person to freedom of expression versus the federal government’s proper to take care of public order, the appropriate of a person to privateness of communication and correspondence versus efficient regulation enforcement, the appropriate of the person to journey versus the federal government’s proper to safeguard nationwide safety. 

Legislation is stuffed with moral ideas which may be explored for his or her   civilizing impact. If taught regulation is on this method, our individuals will develop into extra restrained of their motion. They are going to develop into extra conscious and respectful of the rights of others, and they’ll develop into actually civilized people. 

Let me conclude with the hope that we attorneys concentrate on the necessity for making authorities of legal guidelines authorities of excellent males as properly, to arrange our individuals for which, regulation ought to be taught within the grade faculties and excessive faculties. 

Authorities of legal guidelines, authorities of excellent males — that’s what I imagine we urgently want as we speak. – Rappler.com

Retired Justice Mendoza delivered this speech not too long ago earlier than the Philippine Bar Affiliation. It’s been edited for brevity.