Bad posture

Posturing, with regard to the coming verdict on the plunder trial of former President Joseph Estrada, is the name of the game. In this game, neither the opposition nor the administration is innocent. In the non-stop rumor mill that is the Philippine political scene, not only is a looming verdict widely whispered about, but the anti-graft court Sandiganbayan is supposed to be finding difficulty wrestling with the complexities of the case. What is sure is that the coming verdicts (there are multiple charges, after all) have political circles caught up in a kind of mass hysteria.

The result is saber-rattling on both sides, literally on the part of the Armed Forces of the Philippines (AFP) and rhetorically on the side of Estrada’s partisans. The AFP has held parades to show off the troops, while the Philippine National Police has pledged to mobilize enough policemen for crowd control. MalacaƱang has launched a propaganda offensive to condition the public into expecting trouble, which the Arroyo administration says it can handle. Estrada loyalists have reacted by proclaiming they can muster crowds and that these crowds would be big and angry.

As if such posturing weren’t enough, the Palace and opposition leaders have also taken to working at cross-purposes with Estrada himself. For months, the idea of either a presidential pardon or an amnesty proclamation ratified by Congress, in case of a conviction by the court, has been floated. Administration allies went through the motions of proposing it, and the Palace has also gone through the motions of considering it. The opposition has tacitly endorsed the idea by releasing the results of surveys it commissioned.

However, Estrada himself, whether merely in an act of political theater or because he genuinely believes in his innocence, has insisted that he will never accept a pardon. He may be in detention, but he remains a political virtuoso.

On the surface, it may seem appropriate for the Palace and the opposition to publicly consider options for Estrada after the verdicts have been handed down. Considerations of a pardon or amnesty, after all, mean politics only begins where justice ends in terms of a verdict. It would be a great error, however, for the public to think that all the posturing is par for the course. It is not. The administration and opposition both obviously think they have an insight into the eventual decisions of the court. More than that, both are actively trying to influence the court.

Left to its own devices, the court would have wrapped up the Estrada trial and proceeded with its deliberations and handed down its verdicts at its own pace and in its own good time. The public, used to Estrada’s long period of comfortable detention, would probably have shrugged off the whole thing, including the verdicts. The Palace, however, began to sound the alarm with regard to the reactions of Estrada partisans. The alarmed nature of the Palace’s reactions in turn inspired new heights of rhetorical bravado on the part of Estrada loyalists.

Sounding the alarm is a tried-and-tested administration tactic to hijack the headlines. The opposition is also an old pro at playing that game, hence its commissioned survey. Both sides are always looking for ways to reinvigorate the dedication of their supporters, while weakening the resolve of their enemies. Obviously, considerations of fair play and justice are irrelevant in the face of such tactical concerns.

The Palace is trying to reassure the Sandiganbayan that there won’t be chaos in case of guilty verdicts. The opposition is trying to frighten the Sandiganbayan into thinking there would be a revolt if it convicts Estrada. Both sides are trying to temper whatever verdicts are in the works, by emphasizing the verdicts they’d prefer (and options, including conviction for some charges and possibly, acquittal for others) and verdicts the public allegedly wouldn’t like.

In other words, the administration and the opposition are trying to turn the case into a political football and to strong-arm the court. By doing so, both sides are further eroding public confidence in the justice system. They are doing a disservice not to Estrada, who is a player in this two-sided game, but to the citizenry.