Tuesday, July 18, 2006

Faith

I almost touched faith today.

At the Court of Appeals, during the hearing of B/Gen. Danilo Lim's wife petition for habeas corpus, there were relatives who witnessed the proceeding. One lady caught my attention: she was holding a rosary and was praying incessantly but silently.

Let's see if her prayers would work, I thought to myself: testing, admittedly, my own faith and challenging hers.

I don't know if it was just me but if you juxtapose the repartee between Associate Justice Eleazar de los Santos and Asst. Solicitor General Amparo Tang, you could surmise that perhaps there was some miracle somewhere.

Justice de los Santos was hostile from the beginning, challenging the position of the government that a charge sheet in the military context constituted a formal filing of charges in the context of civilian courts.

"We want the truth!" de los Santos demanded from Tang after a rather unclear explanation as to whether a charge has been filed or was prepared. Tang explained that there already was a charge sheet finding probable cause that B/Gen. Lim violated the Articles of War.

"But has it been filed?" de los Santos wanted to know.

The OSG countered, in essence, that there was no concept of "filing" in the military court, the way civilian courts have it. Meaning, a soldier can be detained based on that charge sheet.

I glanced at the lady with the rosary. Her eyes were closed, holding, more tightly now her beaded rosary.

"So you were fast in detaining Gen. Lim," de los Santos continued.

The justice asked since when has the charge been pending before the office of Chief of Staff of the Armed Forces of the Philippines.

"Since March of this year," Tang said.

"For how long will you be detaining Gen. Lim. For two years? For five years?" an apparently irked de los Santos asked.

"Until the investigation on Marine Col. Ariel Querubin is finished. Then the pre-trial investigation can commence," Tang answered.

The lady continued with her prayers, sensing, I surmise the leaning of the justice.

At one point, de los Santos said: "Perhaps, the reason why the charge sheet has been pending is still pending, is that the Chief of Staff is not convinced that Gen. Lim committed any crime."

The lady with the rosary, nearly rose in her seat. She closed her eyes and summoned the heavens.

It was as if, with every bead of prayer, the answers slowly came.

"If you will be returned to your quarters," de los Santos turned to Lim, "you will not have any complaints?"

"That'll be better," the general asked.

The lady with the rosary opened her eyes excitedly, as though the news she was awaiting had come.

But instead the court did not release Lim. Not yet anyway. It asked both parties to submit their respective memoranda in three days, after which the petition is deemed submitted for resolution.

The court may not have released or returned Lim to his quarters but I know a miracle took place in that courtroom this morning.

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