Three months late

Friday, March 20, 2009
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Former Zamboanga del Norte Rep. Romeo Jalosjos is a free man once again after having fully served his commuted sentence of 16 years.

In fact, as of Dec. 16 last year, he was already a free man. After serving his sentence with good behavior, along with the actual time served and the usual and regular good conduct time allowance, plus what the bureau terms as “colonist GCTA credit,” Jalosjos had already served time sufficient to cover the commuted sentence of 16 years, three months and three days, according to the Bureau of Corrections.

Taking everything in consideration, Undersecretary Oscar Calderon, as director of prisons, only had a ministerial duty to submit to Justice Secretary Raul Gonzalez the recommendation for the release of Jalosjos. Gonzalez, in turn, also had the ministerial duty to recommend to the President Jalosjos’ release. Thus, for President Arroyo, by law, it was time to release Jalosjos, although over three months late.

Personally, I’m glad that Romy, who was my co-founder of the Kapisanan ng mga Brodkasters ng Pilipinas way back in 1973, and friend, is a free man again.

From the start, I had my doubts about his rape case, just as I had doubts about the rape of “Nicole”. The fact that the face of the alleged minor whom Jalosjos was accused of raping (and she was also confirmed to be a prostitute) was never shown publicly elicited doubt.

The problem with the case of Jalosjos was that it was politicized. Media feasted on it for newspapers sales and ratings. From the start, Romy never had a chance with the trial by publicity against him. Santa Banana, didn’t the lawyer of that victim of Jalosjos run for the Senate after?

***

Going back to the recantation or retraction of “Nicole” of her alleged rape by Lance Cpl. Daniel Smith in Subic, I agree as lawyers do that her affidavit would not mean an automatic dismissal of the case against Smith, now pending before the Court of Appeals. Much less is “Nicole’s” affidavit worth the paper it was written on unless the solicitor general agrees to present it in court and the ponente of the case accepts or takes it in cognizance, meaning that it is accepted as evidence.

Then, and only then, can “Nicole’s” affidavit, which I must say was cleverly written by a lawyer, cast doubts on the circumstances of the rape.

I say that “Nicole’s” affidavit is not worth the paper it was written on unless, as I said, the conditions for its acceptance in court are met simply because retraction or recantation (call it as you please), have become a dime a dozen in so many criminal cases.

In fact, I tend to agree with Secretary Gonzalez that under the circumstances, “Nicole” and her lawyer could be guilty of perjury and false testimony after they convinced the judge that there was indeed rape. Tedious? But, Santa Banana, that’s how it is with due process and the rule of law.

***

The only possible repercussion of “Nicole’s” affidavit casting serious doubt on her rape by Smith is that the US State Department may play hard ball on the possible review and amendments to the Visiting Forces Agreement. The ball is now on their court insofar as the VFA is concerned.

And whether we like it or not, admit it or not, the US government has us by the you-know-what, no matter how lopsided the VFA is insofar as the prosecution of American servicemen committing crimes in Philippine jurisdiction. We see this most in the continued detention of Smith within US Embassy premises, despite a Supreme Court decision to review the Romulo-Kenney agreement on the issue of jurisdiction.

Thus, the Senate may find it difficult to pursue its case for at least the renegotiation of the agreement to make it comparable with agreements with other countries. In Australia, for instance, the jurisdiction is where the crime was committed. My gulay, even the heinous crime of rape is not clear in the VFA. That’s how one-sided the agreement is.

***

Whenever we think of graduation exercises, the melody of Sir Edward Elgar’s famous composition, “Pomp and Circumstance” fills our heads. It is a little-known fact, but the title of what we commonly refer to as the graduation march is taken from Shakespeare’s “Othello.” The original words: “Farewell the neighing steed, and the shrill trump. The spirit-stirring drum, the ear-piercing fife; The Royal banner, and all quality: Pride Pomp and Circumstance of glorious war!”

The song is played in practically every high school and college graduation ceremony as the graduates enter the venue. It was first played on such an occasion on June 28, 1905 at Yale University, where the Professor of Music, Samuel Sanford had invited his friend Elgar to attend the commencement to receive an Honorary Degree, a Doctorate in Music.

Elgar accepted the invitation, and he was the star of the show—even more so than the students whom the affair was meant to honor! Sanford engaged the participation of the New Haven Symphony Orchestra, the College Choir, the Glee Club, the music faculty members, and New York musicians to perform two parts of Elgar’s oratorio, “The Light of Life,” as the graduates and officials marched out.

While probably many would appreciate a full symphony orchestra performing at graduation rites, the idea is simply not practical here. For one, considering the prevailing hot summer sun during graduation time at the start or the middle of the summer season, my gulay, sitting through a whole oratorio would be sheer torture for everyone.

More importantly, we must keep in mind that graduation rites are meant to impart wisdom to students in a final assembly, which is aimed at giving honor, praise and recognition to those present. This is the objective, no matter how music and pageantry goes into a ceremony.

***

There is an unpleasant aspect to graduation especially at this time—students (their parents actually) are usually required by the schools to foot the bill. And this demands serious thinking because of the huge amounts required. Let’s see: the official attire, the toga and cap, the group and individual photographs, the yearbook, new clothes, shoes, makeup and hairdo and the customary after-graduation treat either at home or in a restaurant—all these pile up into a hefty sum.

Education Department figures show that some 1.67 million high school students and 1.97 million elementary school pupils will graduate this year. If each high school student were to budget, say, P10,000 for the entire graduation package, we are talking here of P15.7 billion for high school graduates, and P19.7 million for those in the elementary. Santa Banana, can parents these days really afford such expenses?

***

Presented with the staggering amounts needed for graduation exercises, President Arroyo directed DepEd Secretary Jesli Lapus to intensify efforts in urging schools to observe simple and austere graduation rites. Lapus affirmed this in a statement addressed to students where he said, “The true value of your education is in knowing that you now have a bigger role to play in society and in our quest for a better nation for all Filipinos.” Rightly said.

Lapus also pointed out that graduation was a milestone to accept more responsibilities. According to the President, “curbing excesses also makes economic sense.” Money saved from tempering excesses in graduation rites can be used, GMA said, to fund the cost of elementary students to high school, a secondary student going to college, and a college graduate moving to graduate school. To that, I say amen.

***

Philippine schools might do well to take a page from the American book on graduation. The ceremonies are held outside on school grounds, and graduation expenses are included in the tuition of the last quarter of school, and the whole thing only lasts around two hours. Santa Banana, I have attended gradation ceremonies lasting for a whole of five hours.

The stage is constructed by the students or carpenters employed by the school, and diplomas are printed on hard paper instead of parchment. The togas cover whatever clothes the students have on, making it completely possible to wear something plain.

It is speculated that one in every graduating batch receives his diploma in his birthday suit.

We may not have to go as far as Spartan (or as daring) as the Americans because of our customs and long-standing orientation toward graduation rites. But with directions from both the President and Lapus, it’s time to look at the practicability of ceremonies with less frills and more meaning.