“I truly believe in the universality of due process and that justice is fairness as the American legal and political philosopher John Rawls had articulated it.”
Many will be surprised about this, but I do not support the call for the resignation of Justice Secretary Boying Remulla because his son was arrested and charged with allegedly importing high grade marijuana from the United States to the Philippines.
I know Secretary Remulla as we intersected in the University of the Philippines College of Law for a few years—but I would not claim any close professional and personal relationship with him.
I do know some of his in-laws and I have taught and mentored several of his nephews and nieces but that does not stop me from being objective about the situation involving his eldest son Juanito whom I personally do not know.
I know where the call for resignation comes from. One is delicadeza which in this context is guilt by association. Two is that Secretary Remulla will use his position to influence the criminal proceedings against his son. Both are fallacious and not convincing,
Guilt by association is never a good thing and it does not matter whether we like the official involved or not.
In this case particularly Juanito is in fact way above the age of minority and I do echo Secretary Remulla’s statement that his son is emancipated and must face the consequences of his actions.
The proposition that Secretary Remulla will use his power and position as head of the Justice Department to get his son off the hook does not hold water upon close scrutiny.
In the first place, the fact that an operation was executed against his son by the Philippine Drug Enforcement Agency (PDEA) is a big statement in itself that the good Secretary does not have as much power as we think he might have.
I am not going to humor the rumors (pun intended – that President Duterte or a group identified with the former president’s drug campaign, now rejected by the Bong Bong Marcos administration, went after Remulla’s son but clearly the Remullas did not stop the PDEA operatives to conduct their operation.
Additionally, the spotlight will be on this case while it undergoes investigation and trial. The decisions of the assigned prosecutors and even the trial judge that will preside over the case will be strictly scrutinized by media, the legal community, the opposition, and even ordinary citizens.
Even if he wanted to, and I think he will not want to, Secretary Remulla will be helpless in helping (pun intended again) his son.
Finally, there is a broader argument why I do not support the call for Secretary Remulla’s resignation.
And it is because I truly believe in the universality of due process and that justice is fairness as the American legal and political philosopher John Rawls had articulated it.
According to Rawls: “The principles of justice are chosen behind a veil of ignorance. This ensures that no one is advantaged or disadvantaged in the choice of principles by the outcome of natural chance or the contingency of social circumstances . . .
“This explains the propriety of the name ‘justice as fairness’: it conveys the idea that the principles of justice are agreed to in an initial situation that is fair.”
This means everyone must be accorded the same rights, the same assurances of fairness. This is why I protested against the unjustified detention of Gloria Macapagal Arroyo. That is why I call for the release of political detainees Leila De Lima and Myles Albasin and many others.
Secretary Remulla, in the regular session of the United Nations Human Rights Council (UNHRC) early in October, said the Philippines aims to incorporate human rights into law enforcement and judicial processes.
According to Remulla, “It makes for a solid foundation of a civilized, democratic society, which is at the heart of Filipino culture, identity, and history. We are reforming our system to deliver what our people deserve—real justice in real time.”
Understandably, international and national human rights organziations were skeptical about these promises and were disappointed that the UNHRC failed to remind the Philippines about its human rights responsibilities and duties.
Many were particularly incensed about the comment Secretary Remulla made about redtagging being “part of democracy.”
I have been redtagged several times by Lorraine Badoy and the NTF-ELCAC several times for being a human rights lawyer, a defender of student activists, a climate justice advocate, an indigenous peoples’ advocate, and a defender of Lumad schools, administrators, and students.
Badoy herself admits that she has no evidence against me yet she repeated several times in her SMNI show that I am a member of the Central Committee of the Communist Party of the Philippines.
Many of Secretary Remulla’s colleagues—some are classmates and others fellow professors from UP Law—would find such an accusation ridiculous but the reality is that Badoy’s attacks have endangered me.
Under no country or universe would that kind of accusation be considered part of democracy. If I am killed, it should be clear why and who instigated it.
But I will not stop what I am doing as a human rights, climate justice, and Lumad and indigenous peoples rights advocate.
Justice is fairness. Due process is for all, for Senator De Lima and the UP student leader and my fellow Cagayanon Myles, for my clients who are the best Filipinos I know, and yes for the Remullas.
Website: tonylavina.com. Facebook: deantonylavs Twitter: tonylavs
