Res Gestae
Tupas vs Dulay: Must know in the Capitol standoff (Part 1)
A lot of mouth-lashing statements and declarations have already been made and said by Governor Tupas, his allies, supporters and sympathizers against the police who "assaulted" (did they?) the Capitol to physically remove Governor Tupas and his "cohorts" (are they not?). Consequently, the people are now berating at the police while forgetting the main issue confronting the governance of Iloilo Province. Otherwise stated, the police actions are now being put up to silence the issue on Governor Tupas' utter disregard of the Order of the Ombudsman on his dismissal and acts constituting the crime of sedition. Simply speaking, in terms of propaganda, Tupas's Camp is doing well in projecting themselves as underdogs during the incident drawing sentiments to their seemingly ready-to-die legions of supporters.
I am a bit apprehensive in venturing into a legal discussion regarding the issue at hand considering that Governor Tupas and General Dulay are both of legal minds. However, if judges at times arrived at conflicting decisions on cases of similar facts and circumstances, we can also allege that either Tupas or Dulay is possibly wanting of "review" of the Rules of Court. Who of the two should have known better?
When the Order of Dismissal was served last January 15, 2007, Governor Tupas (through his team of lawyers) was entitled to his contention that he was not accorded with due process. However, as a lawyer, what would be more regular (or appropriate) to undertake: To follow (though without conceding) an order of the duly constituted authority and avail such other remedies provided by law.... or, do what Tupas, et al. did? I presumed lawyers know well that legal issues are resolved in court and not elsewhere... not in the Capitol grounds... not inside the Governor's office! I presumed Governor Tupas and his lawyer son knew this well, though facts seemed to prove otherwise.
Was there any police during the service of Order? There were! They provided security to DILG Regional Director Evelyn Trompeta and ensured the peaceful and orderly service of Order of Dismissal. It has to be noted that, upon the refusal of Tupas's team of lawyers to accept the order, General Dulay could have ordered his men to "brutalize" the capitol to provide a leeway for the newly sworn in Governor Roberto Armada and Vice Governor Manny Gallar to perform their official functions inside the Governor's office. But, such was not part of the mandate that General Dulay was tasked to accomplish; hence, he did not attempt to make a show of force. It was not so brave of him but indubitably it was indicative of his rationality and propriety.
Well, I don't intend to accuse (ex)Governor Tupas of "stealing" from (new) Governor Armada the Capitol not once but twice (if each day constitutes one count of an offense), but lurking for two days (before the TRO was issued) at the Capitol after him having been stripped off the power is what?
I know that Governor Tupas knew he was committing a crime with his insistence to stay at the Capitol... that it was an overt act of disregarding the legitimacy of his successor. And, I know that General Dulay knew that Governor Tupas violated a specific provision of the law on that event... giving him enough reason to execute whatever specific order that would be given to him for only the legal, legitimate and authorized deserve the PNP's "To serve and protect." Obviously, they both knew. But, basically, it is not what they knew that made one of them the villain in the story but what they did in relation to what they knew does! (to be continued)
(Send your comments and suggestions to rogatepnp@yahoo.com)