By Raïssa Robles
When obscenely rich and powerful Filipinos get into legal trouble, who do they turn to?
Estelito Mendoza.
When then President Joseph Estrada faced a Senate impeachment trial, who defended him?
Estelito Mendoza.
When former President Gloria Macapagal-Arroyo recently tried to skip the country ahead of an imminent electoral sabotage case, who went on her behalf to urge the Supreme Court to nullify a Watch List Order against her?
None other than Estelito Mendoza.
When cronies of the dictator Ferdinand Marcos needed to hold off government litigation, who helped them hang on to their ill-gotten wealth? You know the name.
Estelito Mendoza candidly conceded last year that he was always lawyering for “the wrong side”.
Still I find particularly rich in irony the sight of Estelito Mendoza standing up for the human rights of his client, Gloria Arroyo.
It’s ironic because during Martial Law, Mendoza was the dictator’s legal henchman who helped the regime trample human rights.
Here is what Mendoza recently told the Supreme Court about the Watch List Order issued against his client Arroyo. He said the WLO violated Section 6 of the Bill of rights which states:
Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
According to Mendoza, Arroyo –
is repeatedly being and continuously being subjected by the respondent DOJ Secretary (Leila de Lima) to successive WLOs, thereby unduly restricting and impairing her constitutionally-guaranteed right to travel indefinitely.
Mendoza wasn’t so solicitous and caring of human rights back in his Martial Law days. He was the solicitor general from 1972 to 1986. and he always won before the subservient Supreme Court.
That is to say, he won case after case which violated the rights of all Filipinos, except those in power of course.
His biggest landmark win was Javellana vs the Executive Secretary – where the Supreme Court ruled – as Estelito Mendoza had argued – that Marcos’ 1973 Constitution was ratified by the people through Citizens’ Assemblies. See my story entitled: Thank you Oliver Lozano for raising Supreme Court’s disgraceful past
Now, if you look at the Bill of Rights in Marcos’ 1973 Constitution, it looks as liberal as our present Bill of Rights.
But the truth was, we were not at all free during Martial Law.
On paper, we were free; but in reality our rights to travel, to free speech and press, to be secure in our persons and homes – were all restricted, thanks to Estelito Mendoza et al.
Estelito Mendoza was one of the top government officials who made sure to place legal handcuffs on our basic rights as a people.
One example: Ferdinand Marcos’ issuance of the Presidential Commitment Order (PCO) contained in Proclamation No 2045 “Proclaiming the termination of the State of Martial Law throughout the Philippines.”
This paper-lifting of Martial Law in 1981 had a section where Marcos gave himself the power to issue a “Presidential Commitment Order” or PCO – which in effect continued his Martial Law powers.
Simply put, the PCO allowed Marcos and his Martial Law machinery controlled by his military chief General Fabian Ver and his Defense Minister and Martial Law Administrator Juan Ponce Enrile to arrest without a warrant and detain indefinitely without charges anyone they believed was “thinking” of overthrowing the Marcos government.
Yes, they were mind readers. They believed they could enter people’s dreams and thoughts and if they thought you were about to commit subversion, you could be picked up so that you could be prevented from committing it.
Neat, huh.
This is contained in this book which I found in my late lawyer father’s possession:
As you can see, the book contains a piece by SolGen Estelito Mendoza vigorously defending the PCO after the Supreme Court had issued a landmark controversial ruling upholding the PCO in the case of Padilla and Morales.
The two were both detained using PCOs. By the way, Morales here is the same Horacio “Boy” Morales, Estrada’s former agrarian reform secretary, who was recently taken ill after a golf match.
In his piece, Estelito Mendoza argued that only the President who has full grasp of the national security situation can decide whose rights should be curtailed further. Estelito Mendoza concluded that:
Our Constitution wisely and with foresight reposed full faith and confidence on our Chief Executive in the matter of protecting our individual liberty, no less than preserving our national security.
What’s this? Back when the president was a thieving dictator, Mendoza argued that the constitution reposed full faith and confidence in his ability to protect Filipinos’ liberties? But now that the president is someone named Aquino, Mendoza is arguing that the president is, oh horror, violating the right to travel of his client, one Gloria Arroyo.
I’m a lawyer. I don’t choose what cases I have. Those in the wrong side are most deserving of having lawyers.
I’m just doing my job and that’s what I have been trained for I have been at this for many years. I find great satisfaction performing my duty because I contribute to the administration of justice. I can assure you that I win my cases because I work hard.
You may not be aware of it but Estelito Mendoza recently won for Gloria Arroyo a plunder case involving the 2007 alleged anomalous sale of the old Iloilo airport. Last month, this case was thrown out.
If Marcos cronies Lucio Tan and Eduardo “Danding” Cojuangco are both on Forbes’ Rich List today, they have Estelito Mendoza to thank for it.
Mendoza – and for a long time with the help of lawyer Gilberto Teodoro – kept the government from getting back the Marcoses’ ill-gotten wealth which even the widow Imelda Marcos claimed was secretly entrusted to Lucio Tan and Eduardo Cojuangco.
What recently came to light was Mendoza’s reach and influence, which continues to extend all the way to the Supreme Court.
Last month, the Supreme Court recalled a “final” decision which had ordered Lucio Tan’s Philippine Airlines to reinstate 1,400 flight attendants. It turned out that the dramatic reversal occurred after Estelito Mendoza wrote the Supreme Court questioning the reinstatement ruling.
I wonder how many more Estelito Mendoza letters have swayed the Supreme Court in their decisions. They’re not telling.
Another Supreme Court landmark ruling that favored Estelito Mendoza and his big bucks client Danding Cojuangco was issued under Chief Justice Reynato Puno’s watch. Years ago, when I interviewed Chief Justice Puno I had the impression of talking to a very decent and upright man. He told me in passing then that he used to work under Estelito Mendoza when the latter was Marcos’ SolGen.
It was for this reason that I felt very sad when I read the Supreme Court ruling in 2009 allowing San Miguel Corporation to convert 24% of the sequestered common shares into preferred shares. By that act, the Supreme Court denied the coconut farmers who were claiming the shares their voting rights and their board seats. Puno had cast a vote favoring San Miguel.
I can think of two other instances when Estelito Mendoza has had an impact on national issues.
One was in 2009 when his opinion was sought on the Spratlys island dispute. As the only living member of Marcos’ team that negotiated the United Nations Convention on the Law of the Sea, Estelito Mendoza advised Congress that the country should tone down its position on the Spratlys. He said those islands should not be made part of the country’s archipelagic base because the Philippines did not have the military might to defend such a position.
In the light of what’s happening today, I wonder if that kind of early capitulation was the right approach to the dispute.
Another time Estelito Mendoza played a significant role was early last year, when in his capacity as a “former Solicitor General”, he asked the Supreme Court to waive the ban on midnight appointments so President Gloria Arroyo could appoint her third Supreme Court Chief Justice even after a new President had been elected by the people.
It’s quite interesting that Mendoza used his being a “former Solicitor General” – a post he held 25 years ago – to insert himself in the issue. I wonder who his real client really was here – Gloria Arroyo or a member of the Judicial Bar Council.
Again, in this case, he won before the Supreme Court.
I’ve interviewed Estelito Mendoza, a Harvard law school graduate, several times. He’s suave, even-tempered and brilliant in oral arguments. He can make white look black and vice versa. Plus he has a grateful army of former students, colleagues and subordinates scattered far and wide in the Philippine judicial and legal system.
And that’s why he’s Gloria Arroyo’s lawyer.
Politics can sway on either side, good or bad, right or left, depends on your perception or political belief..judiciary on the other hand never sided with good or bad in accordance with your perception but to the merit of the case, arguments in accordance with law, political opinion is not admissable to court but what is written on the law..In this case Atty. Estelito Mendoza never sided with the wrong side or political opinion but what he thinks justice can serve and what is written in the law!!
Correction – Estelito Mendoza and Company wrote the law. Then he pointed to the law as the law.
Neat, huh.
One of Raissa’s right punch quips,I like that.
Raissa, why can’t we be friends on FB?
Other than his brilliance, he has very DEEP connections with the Judiciary (which I think is the key). He is able to sway all these justices to his side ( even if he contradicts himself in prior arguments with other cases). What gives? Our judicial system is so flawed. One very experienced senior lawyer who owns his own law firm told me pointblank ” I only have 2 option: a) If I do not want to play the game in the legal system here, then my clients will lose even if their cases have merits. And so no one will seek my services anymore. So I better leave the Philippines and practice law elsewhere. Or I stay here and work within the system. So I need to ” insure” the cases of my clients by making sure that we get a favorable decision. Hypocrisy aside, experienced lawyers know that this is an ” open secret”. The merits of the case are only considered if money or personal connections are not involved in the equation. Very sad indeed.
It is impossible for man to create a set of laws that is absolutely consistent and without contradictions. Practitioners like Mendoza exploit this to the hilt, brilliantly. Every time he wins, the image of the profession loses. Ever wonder why Filipinos disdain lawyers? And whatever happened to law being a noble profession?
just how come that as stated he is contradicting his legal statements in other times, why can’t this be used in arguing with him?
vermin of the legal profession — but the community is vermin-filled. he is in the right company.
Raissa – I have seen Titong Mendoza and Serafin Cuevas in action at the Sandiganbayan during Cory’s term. They truly are brilliant and made minced meat of the government lawyers. They came prepared and made the trial looked like a classroom for the prosecution. Sad they always defended the ‘wrong’ side!
I thought you were an engineer.
hindi naman po nakapagtataka. In world full of birds of prey, estelito is the eagle. And you don’t need to rack your brains for their motivation. And just to add some bile in your soup, you probably pay more taxes than estelito, or even the average, run-of-the-mill lawyer
all along, I thought he was the vulture who feasts on the decaying parts of society.
My bad.
You should have seen how many of the sc justices then and probably now, make a mad scramble out of their seats in their hallowed chambers every time atty. Mendoza visits the halls of the sc to greet and pay their respect to him! This just evidences the great amount of influence he wields over the members of the court.
Also, he has cornered through his travel agency, all foreign, maybe including domestic, travels of the justices and maybe all other officials of the sc. I just don’t know if it is still the practice now but I am definite it was, during VJ puno’s time.
The former Chief Justice Reynato Puno used to work under Mendoza, I believe.
Hail to Estelito Mendoza, legal counsel extraordinaire to the who’s who of Philippine Super Crooks and concurrently Supreme Arbiter of the Philippine Judicial System! If there is any single individual who has perverted Philippine jurisprudence, he’s the man. I hope he and his entire progeny rot in eternal damnation!
Ms. Raissa Robles’s objectivity of Estelito Mendoza’s superior legal mind in Philippine settings at its finest.
Thank you Ms. Robles for the well researched subject. I can very well comprehend your write up in a very simple yet intelligent use of words. For a common “tao” like me, you have conveyed your mind effectively.
You’re welcome, Antonio.
Do come and join in the discussions here in Cyber Plaza Miranda.
Can i share your article, Ma’m?
Sure. Pls do
Brilliant or cunning.
He was at the recent UP Forum on the West Philippine Sea and I heard a portion of what he said (kung tama pagkarinig ko). That he was with Senator Tolentino and Abad Santos (?) and be made mention of influencing the group of 70 developing nations to side with them on the issue of exclusive economic zone (EEZ).
Yes please blame this lawyer – for a man possessing such great talent and resposibility, he has very little by way of moral integrity
Please scan you father’s book so it may be preserved in digital format. Thanks!
Ok,
Raissa…I did not know that you’ve worked on “Stiletto”” Mendoza already. I am a relatively new comer to your blog, as you know. Thanks for reissuing this piece. I will reread to really imbibe. I recall a couple of weeks ago that I sent in a comment re coming up with an investigative report on what this SolGen was all about and his impact upon the administration of justice in the country. I urge you to expand this into booklength…..it will be a worthy addition to Filipiniana. Please. Thanks. And as always, please accept my high esteem. Buddy
Pls dont blame the lawyer. He is only doing his best to win a case assigned to him. If there is someone to blame it is the opposing lawyer for not being good enough to stop Mendoza
As always,malicious Raissa.her imputations are quite clear, belittling Atty.Mendoza’s lawyering prowess then picturing him as a bagman to bribe the court.
Oooh, you’re the one imputing that.
I never said that.
Why did you say he’s a bag man when that is not in my piece?
If they just read Thomas Jefferson’s commentaries on the SUPREME COURT of the United States of which our own SC was copied from, they would know that the Supreme Court justices are sappers and miners that continuously work underground to undermine the confederated fabric of the republic. This is one of the most dangerous branch of government, next to banking institutions. Read the wisdom of the ages before you try to defend a corrupt court.
What’s more, the brilliant Estelito Mendoza told the simple employee of Singson that she ate the ice tea. She had to tell him she did not eat the ice tea, she drank it. Wish I could find the song about it.
NOT ONLY DOES “… Mendoza’s reach and influence, which continues to extend all the way to the Supreme Court.”, but now it has also reached the Sandiganbayan.
“After nearly 25 years of litigation, the Sandiganbayan has dismissed the ill-gotten wealth complaint filed by the government against business tycoon Lucio Tan,” a Marcos Crony.
Did a letter take ‘nearly 25 years’ to arrive or was there a better one that a ‘decision was issued last June 11 [2012] on Civil Case No. 0005.’
What if an ill-gotten wealth case is lodged against the Marcos widow, her children for unexplained wealth? WHO THEY’RE GONNA CALL?
SINCE WHEN DID LUCIO TAN become a Doctor?
@Mel…how do the public really feel that the “prosecution” of this Tan case was handled “properly?” From the newsreports, some vital documents were allegedly “lost” by Mr. Jovita Salonga. How did that happen? Were those documents relevant to this case of Dr. Tan? Acc to the Sandiganbayan court, prosec even failed to present “Secondary” evidence on the causes of action, since it did not have “original copies” as primary evidence on hand. Why did the prosec fail if they had years to prepare for such secondary evidence presentation? Ano ba ang mga abogado ‘o prosec sa Ombudsman or PCGG? Competent ba talaga sila or not? Or it’s just “win some lose some?”
Lawyers can bend the truth only as far as the guy on the bench allows him to. The high-priced lawyers are those who can provide the guy on the bench a way to bend the truth LEGALLY.
I believe he is a hardworking lawyer with strong ties to the most influential people in the Philippines. You can not say he is on the wrong side when he practically saved his clients from being wrongfully accused. I think the author is acting like a drama queen.
When you think about human rights, you only think of the poor people. Rich or wealthy people have rights, too.
Oooh, that reasoning sounds like Imelda Marcos, the wealthy congressmen and the likes of Bernie Madoff.
You’re in the wrong country, Sarah, where the rich have all the rights although they are very few in number. While the poor have very little.
So, to equalize or balance the rights, you do have to think of the vast poor majority.
It’s simple math but deadly and complicated politics.
Who was it who said? “Those who have less in life should have more in laws”. Or something like that. Sarah, are you reading this?
Isn’t there another “Sarah” known to be a drama queen?
For wi$e lawyers
Innocent…until proven broke. 🤑
I looked at Atty. Estelito Mendoza as a FIXER.
I donnu if it’s bad or good…but for the rich and can afford…Atty. Mendoza is always good thing around,
yes that is the right word “fixer”
not because he is an excellent lawyer
he is excellent fixer, having good in using connection and influence.
that is the name of the game, in lawyering profession
want to correct my comment in previous one.
what I want to say is, mendoza is an exceelent fixer not an excellen lawyer.
grossly dirty lawyer.
We call it CHAMBER LAWYERING :lol:
Not only that, he is the great “POST MAN” too! Talo ang LBC!
Nothing wrong with what Atty Mendoza is doing. The accused deserves a lawyer. That is guaranteed in the constitution. Its only normal you get what you pay for. You want a good defense? Hire the best lawyers…nothing is free in this world. Find me a doctor that will always treat a patient for free. You want that kind of society? Easy…move to north korea. These are facts of life in a democracy and a market economy.
yes you are correct OJ Simpson , it is for this reason that Filipinos should demand change in the judicial system by removing corrupt judges and justices who become source of connection of Atty. Mendoza.
I would like to make a change starting from Corona.
Nothing wrong with hiring the best lawyer, if it is for lawyering. But Atty. Mendoza is hired not as a lawyer but peddler of influence. Some of his cases are not won in court or court proceedings, but outside the court.
As long as no lawyer violates his Professional Responsibility Ethics, laws and to the courts. O.k. lang.
so ideal
but sadly not happening in the real world
winning is the name of the game = more money to the lawyers
lawyers, doctors, engineers, dentists, all and everybody loves to make more money. We don’t live in the world of Utopia yet, Madam. Tama ka, the real world muna tayo. Yup, “so ideal” because without even a drop of it, chaos and disorder follows. No human society will exist!
Observe, not even a drop of it can be seen.
It is why in every sector of our society is in chaos.
The world is so materialistic that even angels fear to tread.
2000 + years ago the world was also already materialistic. Not even Jesus Christ was excused from the materialisms of the so many. Don’t worry, in the next good life, it will not be like this.
It’s sad to think that the corrupt have the best lawyer and the people have been railroaded as usual. Why can’t some few good men of judges stop the evil to triumph? And for Medoza, you might be the best lawyer on earth but your soul is owned by the devil because not all that is legal is morally right. You have to answer to the Supreme Judge one day and there’s no way you can win!
Marilyn, the attraction of money, power , connection and influence are very strong.
As a saying goes ” even monkeys laugh when they see money”.
Many of those few good men, unfortunately, do not have balls or maybe do not care about other people. In the law profession, they got this so called brotherhood, once you dont blend with them goodbye your career. If you oppose the brotherhood, gone your clients and your beloved profession. That is why better hear no evil, see no evil and no talk against evil.
I don’t think he believes there is a Supreme Judge. If there is, he believes he’s the supreme One! He only believes “his law” and not “The Law.” And he has many disciples in that. Thus, rich clients goes out for him. May we hear Ms. Raissa if he handled a criminal case of a poor client unjustifiably accused in court and won it? Or a civil case not much value to him but to his client who also was deprived of something on a question of justice, equity, fairness on a principle of law? If he has,he might just get some mitigating circumstances in the next life whether he believes there isn’t one.
One of these days, estelito will get to his Waterloo case. It may just be GMA’s. He is Star War’s Chancellor Palpatine, Darth Vader’s mentor.
yeah as law of nature dictates:
nothing is permanent
In the US and elsewhere, it is not uncommom that criminals or the wrong side would hire the best lawyers. These best lawyers do not necessarily get them off the hook but try to get them a lighter sentence. They even advise their clients to admit guilt to obtain the lighter sentence. Anyone heard of a lawyer here do the same thing? Have the likes of the Mendozas, Fortuns, Flaminianos, etc. taken this route for their clients. Think Floyd Mayweather.
So far I haven’t heard one prosecutor to bargain with his client. If there is, and that prosecutor can’t be arranged, the judge can. So, where does the prosecutor stand? And so on all the way up to the highest court. Not that you can call one “the best lawyer” in that!
More important now that PNOY sees that the Freedom Information Act passed into law.
Why delay when that was one of his election promises. Same with those in Congress .
And people should know the reason for their hesitant to do so.
And that all past and current SALNs ( Statement of Assets / Liabilities Networth ) of the SC
justices be made public. Including that of Atty E. Mendoza and Ombudsman C. Morales.
Don’t the legitimate press have access to these information?
We don’t have access to the SALN of ALL the Supreme Court members and the Ombudsman.
As for Atty. Mendoza, he can’t be compelled because he is not a government official.
I will write a piece in the future on the FOI.
We look forward for that FOI article , and please name exactly who are the senators /congressman opposing it. And its about time ABS-CBN reveals
those SALNs.
Many corrupt politicians, judges, even crooked lawyers are caught and convicted on
none disclosure / misdeclation of assets / failed to pay tax.
We need witnesses , proofs / records for that to be known , so how effective is the Witness Protection Program of the country?
These rich crooks use accountants-lawyers that can be encouraged to step up and expose wrongdoings . Plus outside competent / uncorruptable auditors .
But without a honest , well trained , decent paid N B I agents . esp the one that heads it , corruption will prevail.
Justice without delay , prison sentences to the guilty will be a solution.
Don’t bother about Atty. Mendoza, he’s super rich! Tama si Ms. Raissa, he’s not a gov’t officials.
people like mendoza difficult to get records
they know too much about the law
they will give you a hard time
Just read the column of Malaya’s Amado Macasaet about “Judicial Independence” and would like to share with you all.
Please click this link
http://www.malaya.com.ph/dec16/edmacasaet.html
https://www.google.com/search?q=amado+macasaet+judicial+independence&ie=utf-8&oe=utf-8
Keanlogo@ link can’t be opened anymore.
Wow after reading the article above including the comments,all 109 of them, for which banter thoroughly got me entertained, I now consider myself educated to the max. I get that about the ice tea and the ‘origins’ of that chicken and the eggs. Truly educational,huh
I read this when you posted it a few days before, Raissa but decided to read it again,this time ever so slowly, since I couldn’t sleep anyway. Also I wanted to check if there was something new on your website.Things are getting super interesting I can hardly wait for impeachment proceedings to begin. Let’s cross our fingers the “Cheap” Justice RC from Batangas will go through with the Senate trial.. to allow for changes to ‘righting’ the ‘wrongs’ within the judiciary.I’m sure there’s plenty.
More power to you and merry Christmas to you and yours!
Thank you for your enlightening blog.
There is something I don’t understand, and perhaps you can think about it if warranted:
What PNoy is doing is COMMON SENSE in most developed worlds.
If there is a supreme court justice who is clearly in violation of the constitution, then he should resign immediately. Who can misinterpret the simple sentence structure that says:
“You cannot eat any food, except for rice.” For all those worldwide with any common sense, this means you can eat ONLY rice. You cannot get any clearer than this in the world of English grammar. In most developed countries where common senses tends to prevail, such a justice resigns. No questions asked.
If someone clearly commits a major crime against the people (I am not even talking about taking drugs), then he should not be allowed to run for office. Also, people should not vote for such as person. But we have E running and coming in second.
If you decide to be a senator, in most developed countries, it is common sense that there is so much work that you can’t do anything else. Also, as a holder of one of the highest positions in the land, the senator should not be compromised by a conflict of interest. That means, in most developed countries, it is common sense that senators shouldn’t be making movies and advertising skin care products (and considering the senate job as a part-time endeavor). The Philippines is a small country, so there is less work? Think again, the Philippines is one of the most corrupt countries in the world, and so any senator should have unlimited amounts of work to make the place better.
Let’s talk about PNoy.
What he is doing is pure common sense from the perspective of developed countries, where common sense prevails (most of the time).
He wanted to hold a suspected criminal accountable by restricting her movement. In a developed country, if there is a suspect, the police can restrict his movement such that he is bound to stay within a particular area. This particular “she” is clearly a suspect. So he restricted her movement. What is wrong with that? There is a suspected terrorist. Shouldn’t we restrict that guy’s movement until we are sure that he is not a terrorist? Sure, the U.S. is holding a bunch of suspected terrorists at Guantanamo without charging them with anything. Is the U.S. doing it just to PERsecute them for no reason? I think not.
He finds a justice in violation of the Constitution. So he wants that guy impeached because that bad boy will not resign. Isn’t it common sense to impeach the bad guy before he does any more harm? Is it being a dictator to want to impeach someone who is clearly in violation of the Constitution of the Philippines?
Let’s think about this for a moment. If PNoy is doing all this just to get HL back, are the people gonna just sit there and let him get away with it?
Look at the people he has surrounded himself with. Do we really think that the new ironlady will let him get away with it?
One of the best ways to judge an individual is to look at his or her friends (not necessarily family members because you cannot choose them). So look at those surrounding PNoy.. Did he choose those whom he could order around as a dictator? Do any of those friends of his seem like they are in the mood for dictatorship?
A person cannot be a dictator by himself. He needs the entire machinery. PNoy has no such machinery for dictatorship. Not even close.
Let’s assume for a second that he is indeed trying to replace CJ with a friendly new CJ who would get him HL back. Why in the heck would he go through all this trouble just to do that? A much simpler option would have been for him to do a back-door deal with the current CJ to let him keep HL for something in return (say a ticket to Portugal for someone?). With CJ being accused of corruption, this would have been the least painless way to keep HL. This way, SC would have never rendered judgement on HL to begin with.
What PNoy is doing is nothing special by any stretch of imagination. He is simply doing what is normal. He is simply doing what makes common sense.
What is surprising is that many in the Philippines seem to mistake common sense for something sinister. One reason for this is that many have not experienced what it means to behave according to common sense because the whole society has been conditioned to think that what is abnormal is normal and that what is normal is fantasy.
A guy wants to eliminate (or minimize) corruption, and he gets to be called a dictator.
I know that many of these accusations are being drummed up by paid hacks. But these paid hacks are no dummies. They are doing it because they believe that enough people may believe it.
I find it terribly sad to see a country’s president and leaders desperately trying to defend their actions when those actions are nothing more than efforts reflecting good common sense.
Aren’t people born with common sense? Babies know a snake as a dangerous animal by instinct.
I hope we start to think and act based on common sense…soon.
Thank you for your very interesting take on common sense.
Quite a number of lawyers in the Philippines twist common sense into a pretzel and many people believe them because they took up law and had much more schooling than the rest.
Raissa, thank you. Hope more people will read your blog and support the cause to eradicate corruption.
In the philippine daily inquirer today, dec 17, the ateneo de Manila law alumni association inc and the joint “Philippine judges association, metropolitan and city judges association of the Philippines, Philippine trial judges league” issued their support on the independence of the judiciary is the core of the “Rule of Law”.
One ponders over whether these lawyers by profession have any “conscience”. How could the judiciary achieve its own decree of “no constituency, serve no majority or minority but serve only the public interest as they see it in accordance with their oath of office, guided only by the constitution and their own conscience and sacred honor”. They have consistently showed biased decisions favoring their patrons. Impeachment against the cj is not directed to the judiciary as an institution as they perceived. If we do not root out corruption now, the country is bound for bankruptcy in the foreseeable future. Let all examine their own conscience and support the efforts of the government to eradicate corruption. Hopefully someday they won’t have to lie to their grandchildren that the Philippine is not a sovereign republic because grandpa didn’t have the integrity to uphold the “rule of law”.
Yes, but some are just stupid also. Like a young American lawyer asking the doctor on the witness stand: Are you sure when you examined the corpse that it was dead? The doctors answered: Yes, I am sure. Lawyer: Why? Ans: Because the brains was on the pan where I placed it after removing it from the body. Hehehe…
just like what Cuevas was asking the prosecuting team, how they know Corona accumulated ill-gotten wealth?
registered of deeds records tell so, how these properties, change hands
and the SALN misdeclared?
Only those who are with criminal minds do not understand what truth is.
@common sense
Your take on common sense is right on the money. You must not have been back to the Philippines in a long time. Filipinos especially public servants, aside from having astute common sense and humorous nonsense, they have another sense, Crooked Cents(sense). This sense is their ticket to corruption.
Example: one is applying for a permit, any kind, everything in the papers pertaining to the requirements is in order, perfect. Instead of making it easy for the applicant, he would scrutinize every letter on the papers looking for mistakes in spelling of the name or anywhere else. The moment the employee finds something, even how trivial and irrelevant, he would initiate the delaying process to force the applicant offer grease money. This is very common to old employees working in any government institutions, which they have claimed it their turf, because their financial responsibilities had become so massive to maintain with their meager salary. Public servants crooked sense is faultfinding. They have mastered this craft. Unsurprising was Corona calling PNoy a dictator. That is the norm of corrupt people as you said “what is abnormal is normal”. You are right.
makes sense that common sense is not so common after all…
Only in da pilipins, it’s not common
See Mr. Alex Magno’s article “Folly”, Philstar 16 Dec 2011 issue.
Folly
FIRST PERSON By Alex Magno (The Philippine Star) Updated December 15, 2011 12:00 AM Comments (46)
We all know, from unending repetitions of Lord Acton’s dictum, that power corrupts. We are less aware that it breeds folly; that the power to command frequently causes failure to think; that the responsibility of power often fades as its exercise augments.” — Barbara Tuchman, The March of Folly
x x x
“Recall this character named Adolf Hitler. He was neither particularly brilliant not constantly lucid. However, he had a knack for blaming all the bad things on a pantheon of scapegoats. That enabled him to be quite popular with his distressed people, at least before he began destroying a whole continent and almost eradicating a whole race. He used his popularity to scuttle his nation’s republican institutions.
Recall this man Mao Tse-tung. From the late fifties to the early sixties, this revered liberator of his people pursued a destructive economic program called The Great Leap Forward. About 20 million of his people died from the famine this caused. Threatened with disenchantment within his own party and government, Mao unleashed his fanatical Red Guards on the establishment, taking down institutions and persecuting intellectuals. It took two generations for China to recover from the damage this episode caused.”
Other than his brilliance, he has very DEEP connections with the Judiciary (which I think is the key). He is able to sway all these justices to his side ( even if he contradicts himself in prior arguments with other cases). What gives? Our judicial system is so flawed. One very experienced senior lawyer who owns his own law firm told me pointblank ” I only have 2 option: a) If I do not want to play the game in the legal system here, then my clients will lose even if their cases have merits. And so no one will seek my services anymore. So I better leave the Philippines and practice law elsewhere. Or I stay here and work within the system. So I need to ” insure” the cases of my clients by making sure that we get a favorable decision. Hypocrisy aside, experienced lawyers know that this is an ” open secret”. The merits of the case are only considered if money or personal connections are not involved in the equation. Very sad indeed.
It is impossible for man to create a set of laws that is absolutely consistent and without contradictions. Practitioners like Mendoza exploit this to the hilt, brilliantly. Every time he wins, the image of the profession loses. Ever wonder why Filipinos disdain lawyers? And whatever happened to law being a noble profession?
just how come that as stated he is contradicting his legal statements in other times, why can’t this be used in arguing with him?
vermin of the legal profession — but the community is vermin-filled. he is in the right company.
Raissa – I have seen Titong Mendoza and Serafin Cuevas in action at the Sandiganbayan during Cory’s term. They truly are brilliant and made minced meat of the government lawyers. They came prepared and made the trial looked like a classroom for the prosecution. Sad they always defended the ‘wrong’ side!
I thought you were an engineer.
hindi naman po nakapagtataka. In world full of birds of prey, estelito is the eagle. And you don’t need to rack your brains for their motivation. And just to add some bile in your soup, you probably pay more taxes than estelito, or even the average, run-of-the-mill lawyer
all along, I thought he was the vulture who feasts on the decaying parts of society.
My bad.
You should have seen how many of the sc justices then and probably now, make a mad scramble out of their seats in their hallowed chambers every time atty. Mendoza visits the halls of the sc to greet and pay their respect to him! This just evidences the great amount of influence he wields over the members of the court.
Also, he has cornered through his travel agency, all foreign, maybe including domestic, travels of the justices and maybe all other officials of the sc. I just don’t know if it is still the practice now but I am definite it was, during VJ puno’s time.
The former Chief Justice Reynato Puno used to work under Mendoza, I believe.
Hail to Estelito Mendoza, legal counsel extraordinaire to the who’s who of Philippine Super Crooks and concurrently Supreme Arbiter of the Philippine Judicial System! If there is any single individual who has perverted Philippine jurisprudence, he’s the man. I hope he and his entire progeny rot in eternal damnation!
Ms. Raissa Robles’s objectivity of Estelito Mendoza’s superior legal mind in Philippine settings at its finest.
Thank you Ms. Robles for the well researched subject. I can very well comprehend your write up in a very simple yet intelligent use of words. For a common “tao” like me, you have conveyed your mind effectively.
You’re welcome, Antonio.
Do come and join in the discussions here in Cyber Plaza Miranda.
Can i share your article, Ma’m?
Sure. Pls do
Brilliant or cunning.
He was at the recent UP Forum on the West Philippine Sea and I heard a portion of what he said (kung tama pagkarinig ko). That he was with Senator Tolentino and Abad Santos (?) and be made mention of influencing the group of 70 developing nations to side with them on the issue of exclusive economic zone (EEZ).
Yes please blame this lawyer – for a man possessing such great talent and resposibility, he has very little by way of moral integrity
Please scan you father’s book so it may be preserved in digital format. Thanks!
Ok,
Raissa…I did not know that you’ve worked on “Stiletto”” Mendoza already. I am a relatively new comer to your blog, as you know. Thanks for reissuing this piece. I will reread to really imbibe. I recall a couple of weeks ago that I sent in a comment re coming up with an investigative report on what this SolGen was all about and his impact upon the administration of justice in the country. I urge you to expand this into booklength…..it will be a worthy addition to Filipiniana. Please. Thanks. And as always, please accept my high esteem. Buddy
Pls dont blame the lawyer. He is only doing his best to win a case assigned to him. If there is someone to blame it is the opposing lawyer for not being good enough to stop Mendoza
As always,malicious Raissa.her imputations are quite clear, belittling Atty.Mendoza’s lawyering prowess then picturing him as a bagman to bribe the court.
Oooh, you’re the one imputing that.
I never said that.
Why did you say he’s a bag man when that is not in my piece?
If they just read Thomas Jefferson’s commentaries on the SUPREME COURT of the United States of which our own SC was copied from, they would know that the Supreme Court justices are sappers and miners that continuously work underground to undermine the confederated fabric of the republic. This is one of the most dangerous branch of government, next to banking institutions. Read the wisdom of the ages before you try to defend a corrupt court.
What’s more, the brilliant Estelito Mendoza told the simple employee of Singson that she ate the ice tea. She had to tell him she did not eat the ice tea, she drank it. Wish I could find the song about it.
NOT ONLY DOES “… Mendoza’s reach and influence, which continues to extend all the way to the Supreme Court.”, but now it has also reached the Sandiganbayan.
“After nearly 25 years of litigation, the Sandiganbayan has dismissed the ill-gotten wealth complaint filed by the government against business tycoon Lucio Tan,” a Marcos Crony.
Did a letter take ‘nearly 25 years’ to arrive or was there a better one that a ‘decision was issued last June 11 [2012] on Civil Case No. 0005.’
What if an ill-gotten wealth case is lodged against the Marcos widow, her children for unexplained wealth? WHO THEY’RE GONNA CALL?
SINCE WHEN DID LUCIO TAN become a Doctor?
@Mel…how do the public really feel that the “prosecution” of this Tan case was handled “properly?” From the newsreports, some vital documents were allegedly “lost” by Mr. Jovita Salonga. How did that happen? Were those documents relevant to this case of Dr. Tan? Acc to the Sandiganbayan court, prosec even failed to present “Secondary” evidence on the causes of action, since it did not have “original copies” as primary evidence on hand. Why did the prosec fail if they had years to prepare for such secondary evidence presentation? Ano ba ang mga abogado ‘o prosec sa Ombudsman or PCGG? Competent ba talaga sila or not? Or it’s just “win some lose some?”
Lawyers can bend the truth only as far as the guy on the bench allows him to. The high-priced lawyers are those who can provide the guy on the bench a way to bend the truth LEGALLY.
I believe he is a hardworking lawyer with strong ties to the most influential people in the Philippines. You can not say he is on the wrong side when he practically saved his clients from being wrongfully accused. I think the author is acting like a drama queen.
When you think about human rights, you only think of the poor people. Rich or wealthy people have rights, too.
Oooh, that reasoning sounds like Imelda Marcos, the wealthy congressmen and the likes of Bernie Madoff.
You’re in the wrong country, Sarah, where the rich have all the rights although they are very few in number. While the poor have very little.
So, to equalize or balance the rights, you do have to think of the vast poor majority.
It’s simple math but deadly and complicated politics.
Who was it who said? “Those who have less in life should have more in laws”. Or something like that. Sarah, are you reading this?
Isn’t there another “Sarah” known to be a drama queen?
For wi$e lawyers
Innocent…until proven broke. 🤑
I looked at Atty. Estelito Mendoza as a FIXER.
I donnu if it’s bad or good…but for the rich and can afford…Atty. Mendoza is always good thing around,
yes that is the right word “fixer”
not because he is an excellent lawyer
he is excellent fixer, having good in using connection and influence.
that is the name of the game, in lawyering profession
want to correct my comment in previous one.
what I want to say is, mendoza is an exceelent fixer not an excellen lawyer.
grossly dirty lawyer.
We call it CHAMBER LAWYERING :lol:
Not only that, he is the great “POST MAN” too! Talo ang LBC!
Nothing wrong with what Atty Mendoza is doing. The accused deserves a lawyer. That is guaranteed in the constitution. Its only normal you get what you pay for. You want a good defense? Hire the best lawyers…nothing is free in this world. Find me a doctor that will always treat a patient for free. You want that kind of society? Easy…move to north korea. These are facts of life in a democracy and a market economy.
yes you are correct OJ Simpson , it is for this reason that Filipinos should demand change in the judicial system by removing corrupt judges and justices who become source of connection of Atty. Mendoza.
I would like to make a change starting from Corona.
Nothing wrong with hiring the best lawyer, if it is for lawyering. But Atty. Mendoza is hired not as a lawyer but peddler of influence. Some of his cases are not won in court or court proceedings, but outside the court.
As long as no lawyer violates his Professional Responsibility Ethics, laws and to the courts. O.k. lang.
so ideal
but sadly not happening in the real world
winning is the name of the game = more money to the lawyers
lawyers, doctors, engineers, dentists, all and everybody loves to make more money. We don’t live in the world of Utopia yet, Madam. Tama ka, the real world muna tayo. Yup, “so ideal” because without even a drop of it, chaos and disorder follows. No human society will exist!
Observe, not even a drop of it can be seen.
It is why in every sector of our society is in chaos.
The world is so materialistic that even angels fear to tread.
2000 + years ago the world was also already materialistic. Not even Jesus Christ was excused from the materialisms of the so many. Don’t worry, in the next good life, it will not be like this.
It’s sad to think that the corrupt have the best lawyer and the people have been railroaded as usual. Why can’t some few good men of judges stop the evil to triumph? And for Medoza, you might be the best lawyer on earth but your soul is owned by the devil because not all that is legal is morally right. You have to answer to the Supreme Judge one day and there’s no way you can win!
Marilyn, the attraction of money, power , connection and influence are very strong.
As a saying goes ” even monkeys laugh when they see money”.
Many of those few good men, unfortunately, do not have balls or maybe do not care about other people. In the law profession, they got this so called brotherhood, once you dont blend with them goodbye your career. If you oppose the brotherhood, gone your clients and your beloved profession. That is why better hear no evil, see no evil and no talk against evil.
I don’t think he believes there is a Supreme Judge. If there is, he believes he’s the supreme One! He only believes “his law” and not “The Law.” And he has many disciples in that. Thus, rich clients goes out for him. May we hear Ms. Raissa if he handled a criminal case of a poor client unjustifiably accused in court and won it? Or a civil case not much value to him but to his client who also was deprived of something on a question of justice, equity, fairness on a principle of law? If he has,he might just get some mitigating circumstances in the next life whether he believes there isn’t one.
One of these days, estelito will get to his Waterloo case. It may just be GMA’s. He is Star War’s Chancellor Palpatine, Darth Vader’s mentor.
yeah as law of nature dictates:
nothing is permanent
In the US and elsewhere, it is not uncommom that criminals or the wrong side would hire the best lawyers. These best lawyers do not necessarily get them off the hook but try to get them a lighter sentence. They even advise their clients to admit guilt to obtain the lighter sentence. Anyone heard of a lawyer here do the same thing? Have the likes of the Mendozas, Fortuns, Flaminianos, etc. taken this route for their clients. Think Floyd Mayweather.
So far I haven’t heard one prosecutor to bargain with his client. If there is, and that prosecutor can’t be arranged, the judge can. So, where does the prosecutor stand? And so on all the way up to the highest court. Not that you can call one “the best lawyer” in that!
More important now that PNOY sees that the Freedom Information Act passed into law.
Why delay when that was one of his election promises. Same with those in Congress .
And people should know the reason for their hesitant to do so.
And that all past and current SALNs ( Statement of Assets / Liabilities Networth ) of the SC
justices be made public. Including that of Atty E. Mendoza and Ombudsman C. Morales.
Don’t the legitimate press have access to these information?
We don’t have access to the SALN of ALL the Supreme Court members and the Ombudsman.
As for Atty. Mendoza, he can’t be compelled because he is not a government official.
I will write a piece in the future on the FOI.
We look forward for that FOI article , and please name exactly who are the senators /congressman opposing it. And its about time ABS-CBN reveals
those SALNs.
Many corrupt politicians, judges, even crooked lawyers are caught and convicted on
none disclosure / misdeclation of assets / failed to pay tax.
We need witnesses , proofs / records for that to be known , so how effective is the Witness Protection Program of the country?
These rich crooks use accountants-lawyers that can be encouraged to step up and expose wrongdoings . Plus outside competent / uncorruptable auditors .
But without a honest , well trained , decent paid N B I agents . esp the one that heads it , corruption will prevail.
Justice without delay , prison sentences to the guilty will be a solution.
Don’t bother about Atty. Mendoza, he’s super rich! Tama si Ms. Raissa, he’s not a gov’t officials.
people like mendoza difficult to get records
they know too much about the law
they will give you a hard time
Just read the column of Malaya’s Amado Macasaet about “Judicial Independence” and would like to share with you all.
Please click this link
http://www.malaya.com.ph/dec16/edmacasaet.html
https://www.google.com/search?q=amado+macasaet+judicial+independence&ie=utf-8&oe=utf-8
Keanlogo@ link can’t be opened anymore.
Wow after reading the article above including the comments,all 109 of them, for which banter thoroughly got me entertained, I now consider myself educated to the max. I get that about the ice tea and the ‘origins’ of that chicken and the eggs. Truly educational,huh
I read this when you posted it a few days before, Raissa but decided to read it again,this time ever so slowly, since I couldn’t sleep anyway. Also I wanted to check if there was something new on your website.Things are getting super interesting I can hardly wait for impeachment proceedings to begin. Let’s cross our fingers the “Cheap” Justice RC from Batangas will go through with the Senate trial.. to allow for changes to ‘righting’ the ‘wrongs’ within the judiciary.I’m sure there’s plenty.
More power to you and merry Christmas to you and yours!
Thank you for your enlightening blog.
There is something I don’t understand, and perhaps you can think about it if warranted:
What PNoy is doing is COMMON SENSE in most developed worlds.
If there is a supreme court justice who is clearly in violation of the constitution, then he should resign immediately. Who can misinterpret the simple sentence structure that says:
“You cannot eat any food, except for rice.” For all those worldwide with any common sense, this means you can eat ONLY rice. You cannot get any clearer than this in the world of English grammar. In most developed countries where common senses tends to prevail, such a justice resigns. No questions asked.
If someone clearly commits a major crime against the people (I am not even talking about taking drugs), then he should not be allowed to run for office. Also, people should not vote for such as person. But we have E running and coming in second.
If you decide to be a senator, in most developed countries, it is common sense that there is so much work that you can’t do anything else. Also, as a holder of one of the highest positions in the land, the senator should not be compromised by a conflict of interest. That means, in most developed countries, it is common sense that senators shouldn’t be making movies and advertising skin care products (and considering the senate job as a part-time endeavor). The Philippines is a small country, so there is less work? Think again, the Philippines is one of the most corrupt countries in the world, and so any senator should have unlimited amounts of work to make the place better.
Let’s talk about PNoy.
What he is doing is pure common sense from the perspective of developed countries, where common sense prevails (most of the time).
He wanted to hold a suspected criminal accountable by restricting her movement. In a developed country, if there is a suspect, the police can restrict his movement such that he is bound to stay within a particular area. This particular “she” is clearly a suspect. So he restricted her movement. What is wrong with that? There is a suspected terrorist. Shouldn’t we restrict that guy’s movement until we are sure that he is not a terrorist? Sure, the U.S. is holding a bunch of suspected terrorists at Guantanamo without charging them with anything. Is the U.S. doing it just to PERsecute them for no reason? I think not.
He finds a justice in violation of the Constitution. So he wants that guy impeached because that bad boy will not resign. Isn’t it common sense to impeach the bad guy before he does any more harm? Is it being a dictator to want to impeach someone who is clearly in violation of the Constitution of the Philippines?
Let’s think about this for a moment. If PNoy is doing all this just to get HL back, are the people gonna just sit there and let him get away with it?
Look at the people he has surrounded himself with. Do we really think that the new ironlady will let him get away with it?
One of the best ways to judge an individual is to look at his or her friends (not necessarily family members because you cannot choose them). So look at those surrounding PNoy.. Did he choose those whom he could order around as a dictator? Do any of those friends of his seem like they are in the mood for dictatorship?
A person cannot be a dictator by himself. He needs the entire machinery. PNoy has no such machinery for dictatorship. Not even close.
Let’s assume for a second that he is indeed trying to replace CJ with a friendly new CJ who would get him HL back. Why in the heck would he go through all this trouble just to do that? A much simpler option would have been for him to do a back-door deal with the current CJ to let him keep HL for something in return (say a ticket to Portugal for someone?). With CJ being accused of corruption, this would have been the least painless way to keep HL. This way, SC would have never rendered judgement on HL to begin with.
What PNoy is doing is nothing special by any stretch of imagination. He is simply doing what is normal. He is simply doing what makes common sense.
What is surprising is that many in the Philippines seem to mistake common sense for something sinister. One reason for this is that many have not experienced what it means to behave according to common sense because the whole society has been conditioned to think that what is abnormal is normal and that what is normal is fantasy.
A guy wants to eliminate (or minimize) corruption, and he gets to be called a dictator.
I know that many of these accusations are being drummed up by paid hacks. But these paid hacks are no dummies. They are doing it because they believe that enough people may believe it.
I find it terribly sad to see a country’s president and leaders desperately trying to defend their actions when those actions are nothing more than efforts reflecting good common sense.
Aren’t people born with common sense? Babies know a snake as a dangerous animal by instinct.
I hope we start to think and act based on common sense…soon.
Thank you for your very interesting take on common sense.
Quite a number of lawyers in the Philippines twist common sense into a pretzel and many people believe them because they took up law and had much more schooling than the rest.
Raissa, thank you. Hope more people will read your blog and support the cause to eradicate corruption.
In the philippine daily inquirer today, dec 17, the ateneo de Manila law alumni association inc and the joint “Philippine judges association, metropolitan and city judges association of the Philippines, Philippine trial judges league” issued their support on the independence of the judiciary is the core of the “Rule of Law”.
One ponders over whether these lawyers by profession have any “conscience”. How could the judiciary achieve its own decree of “no constituency, serve no majority or minority but serve only the public interest as they see it in accordance with their oath of office, guided only by the constitution and their own conscience and sacred honor”. They have consistently showed biased decisions favoring their patrons. Impeachment against the cj is not directed to the judiciary as an institution as they perceived. If we do not root out corruption now, the country is bound for bankruptcy in the foreseeable future. Let all examine their own conscience and support the efforts of the government to eradicate corruption. Hopefully someday they won’t have to lie to their grandchildren that the Philippine is not a sovereign republic because grandpa didn’t have the integrity to uphold the “rule of law”.
Yes, but some are just stupid also. Like a young American lawyer asking the doctor on the witness stand: Are you sure when you examined the corpse that it was dead? The doctors answered: Yes, I am sure. Lawyer: Why? Ans: Because the brains was on the pan where I placed it after removing it from the body. Hehehe…
just like what Cuevas was asking the prosecuting team, how they know Corona accumulated ill-gotten wealth?
registered of deeds records tell so, how these properties, change hands
and the SALN misdeclared?
Only those who are with criminal minds do not understand what truth is.
@common sense
Your take on common sense is right on the money. You must not have been back to the Philippines in a long time. Filipinos especially public servants, aside from having astute common sense and humorous nonsense, they have another sense, Crooked Cents(sense). This sense is their ticket to corruption.
Example: one is applying for a permit, any kind, everything in the papers pertaining to the requirements is in order, perfect. Instead of making it easy for the applicant, he would scrutinize every letter on the papers looking for mistakes in spelling of the name or anywhere else. The moment the employee finds something, even how trivial and irrelevant, he would initiate the delaying process to force the applicant offer grease money. This is very common to old employees working in any government institutions, which they have claimed it their turf, because their financial responsibilities had become so massive to maintain with their meager salary. Public servants crooked sense is faultfinding. They have mastered this craft. Unsurprising was Corona calling PNoy a dictator. That is the norm of corrupt people as you said “what is abnormal is normal”. You are right.
makes sense that common sense is not so common after all…
Only in da pilipins, it’s not common
See Mr. Alex Magno’s article “Folly”, Philstar 16 Dec 2011 issue.
Folly
FIRST PERSON By Alex Magno (The Philippine Star) Updated December 15, 2011 12:00 AM Comments (46)
We all know, from unending repetitions of Lord Acton’s dictum, that power corrupts. We are less aware that it breeds folly; that the power to command frequently causes failure to think; that the responsibility of power often fades as its exercise augments.” — Barbara Tuchman, The March of Folly
x x x
“Recall this character named Adolf Hitler. He was neither particularly brilliant not constantly lucid. However, he had a knack for blaming all the bad things on a pantheon of scapegoats. That enabled him to be quite popular with his distressed people, at least before he began destroying a whole continent and almost eradicating a whole race. He used his popularity to scuttle his nation’s republican institutions.
Recall this man Mao Tse-tung. From the late fifties to the early sixties, this revered liberator of his people pursued a destructive economic program called The Great Leap Forward. About 20 million of his people died from the famine this caused. Threatened with disenchantment within his own party and government, Mao unleashed his fanatical Red Guards on the establishment, taking down institutions and persecuting intellectuals. It took two generations for China to recover from the damage this episode caused.”