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Sen. Miriam Defensor-Santiago on the Tyranny of Legal Technicalities

February 23, 2012

Sen. Miriam Defensor-Santiago’s strongly-worded speech during the impeachment trial of Chief Justice Renato Corona somehow explains why I never wrote a single commentary on the ongoing quasi-judicial, quasi-political pantomime. I decided to make pithy comments on some unusual, extraordinary, outlandish events, issues, brouhahas, and dramas that transpired during the ongoing historic trial.

As expected, the much awaited, much advertised (by the Aquino administration) political event this year quickly turned into a highly entertaining yet educational televised lecture series.

The video-clip above shows the lady senator from Iloilo giving a free lecture on a number of social, legal and political issues such as the Estrada impeachment trial, the prosecution panel’s incompetence and faulty pleadings, the fatal defects in the prosecution’s pleadings, and the issue on legal technicalities.

In this video, Sen. Miriam Defensor-Santiago explains angrily, succinctly, eloquently the oft-criticized “legal technicalities.” After watching this video clip, you’d then be able to answer some people who often deride the tyranny of legal technicalities. Some people say technicalities are a blight on our legal system. The best answer to these ill-informed, bitter (or often dishonest) claims or criticisms is: “That’s what due process and rule of law is all about!”

The Lady Senator said: “The law is exactly a body of technicalities. That’s why you need four years of law school and one year of the bar- in all a total of nine years- para malaman mo kung ano itong mga teknikalidad na mga ito. Dahil kung wala tayong mga teknikalidad na mga iyan wala tayong tinatawag na rule of law. Wala tayong tinatawag na due process!”

Watch, learn, and enjoy!

4 Comments leave one →
  1. chochay permalink
    February 24, 2012 3:38

    Why in the world!! there is a Miriam Defensor Santiago !! Why do we have public servants as such? palengke!

  2. February 27, 2012 3:38

    In a legal argument, what you know does not matter but what you can prove does.

    These anti due-process or shall I say anti-Corona, it is moral superiority (them) vs moral clarity (due process advocates).

    • February 27, 2012 3:38

      I remember what one of my professors called “legal truth.” It may be true that the accused really committed the crime, but still he might be acquitted due to lack of evidence presented in court or due to some other factors like the incompetence of the counsel. Without sufficient evidence to convict the accused, the legal truth then is: the accused did not commit the crime. That’s what due process is all about.

  3. August 24, 2013 3:38

    Spot on with this write-up, I seriously think this website needs much more attention.
    I’ll probably be back again to read more, thanks for the information!

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