08 May 2007

Shredding Brawner to bits and pieces

I HAVE been engaged in a conversation with reader Baycas in Manolo's blog in regard to the controversial Brawner decision unseating Mayor Robredo.

His original contention, if I recall it right, is that Robredo shares part of the blame for the mess he now finds himself in -- for failing to elect Filipino citizenship before reaching the age of majority (18 if I'm not mistaken). This is a privilege available to those born to Filipino mothers under the 1935 Constitution, and there is no dispute that his mother Marcelina is a natural-born Filipina.

Maryanne, I believe, is of the same thinking when she said something about fixing the problem very early on, when the problem first came up.

This morning, I was pleasantly surprised to find Baycas's comment that points me to lawyer Edwin Lacierda's take on Brawner. It is "fairly convincing" to use Baycas's own words; if Winnie Monsod only skewered Brawner, Dawin to my mind fully shredded it to bits and pieces. The choicest cut:

What is unfair in the decision is that Brawner attacked the citizenship of Jesse's grandfather who will never have the chance to rise from the dead and defend himself. And in fact, the Supreme Court said in a Co versus HRET, a case cited by Brawner himself, that you cannot attack the citizenship of a father just to get back at the son. This should be done in a direct action to nullify the citizenship of the father. In this case, Brawner should not entertain an attack on the citizenship of the grandfather just to get back at the grandson. Brawner knows the case, skips that particular part of the case and conveniently said that the Co case is totally not applicable to Jesse's case.
That Co vs. HRET should be another good read, much like the Fornier case.

And how come we find ourselves in this sordid state? Baycas offers a theory that becomes plausible when one considers the link that binds Brawner, Ferrer and Luis Villafuerte: "I suspect the Brawner doctrine, as Mareng Winnie likes to call it, was only fed to him by the Villafuertes."


baycas2 said...

i am saddened by the (not so?) sudden turn of events in mayor jesse robredo’s citizenship issue. his feat as a mayor is beyond question but it’s really odd to learn that he’s not really fit to become mayor after all (i.e., according to the brawner doctrine).

i said not so sudden turn of events because i think anticipation of such brawner decision (both disheartening esp. to Nagueños and laughable to my lay or untrained – in the legal sense – mind as to how a citizenship issue will undo 15 or so years of exemplary public service!) has to be thought of since 2005 when a minute resolution by the SC was given.

in this resolution dated 18 January 2005, there was no final judgment on mayor robredo’s citizenship...as it was not proper to pass judgment at that time due to lack of the necessary requirements. however, the SC specified that their denial on mayor robredo’s prayer for the SC to affirm and/or declare him to be a Filipino citizen is without prejudice to the EPC Case No. 2004-20 (recently decided on by brawner et al).

what i’m saying is that it may not be right to cry foul that the citizenship issue is being resurrected (although since time immemorial such ploy is indeed politically motivated) because no final judgment by the SC, the last bastion, has been given. i think the situation is just forthcoming and what better time to resolve the issue than 02 May 2007 (before the elections) as the case (Villafuerte vs. Robredo) may again be declared “moot and academic” after May 14 and AGAIN set aside the issue on the mayor’s citizenship--only to be dug up in the future. i hope the elevation of this brawner doctrine to the SC will once and for all clear things out. yes, even the law on citizenship (as lawyer dawin has suggested).

i am not convinced Naga was and is being governed by a Chinese…and i REALLY want that the villafuertes believe that mayor robredo is indeed more Filipino than they are!


on brawner’s collateral approach in stripping mayor robredo’s grandfather and father of their Philippine citizenship just to go after him…Co vs. HRET explains what lawyer dawin has pointed out in his blawg.


on the mayor’s share to the mess? i just think that there are a lot of fortunos or villafuertes out there craving to win at all cost even by mere technicality. one must never be too complacent…considering past court triumphs. i just hope mayor jesse wasn’t inflicted with mount st. helens syndrome all through his adult life.

i wish him good luck and i wish for him to hang on to his belief that he’s a Filipino…the SC will certainly prove that…


mr. willy, thanks for the space.

baycas2 said...

...inflicted should be afflicted.