The private-public contradiction of BM Estelito, aka Shiwen, Lim

 

RES IPSA LOQUITUR. Then-aspiring board member Estelito aka Shiwen Lim in a public display of his COC. File photo of SunStar-Pampanga.

EMBROILED IN legal entanglements ranging from a garnishment order and sum of money writ to a case of large scale estafa and more reportedly coming, Pampanga 3^rd District board member Estelito P. Lim alias Shiwen Lim cried harassment and  filed a complaint before the National Privacy Commission against Punto!, SunStar-Pampanga, iOrbit News Online, and CLTV-36 – all that have assiduously reported on his cases, and on the cries for justice of the alleged victims of his schemes.  

Lim’s contention: The publication of his warrant of arrest subjected him to public ridicule and prejudgment; that the inclusion of personal details indicated in his warrant of arrest exposed him and his family to danger and public shame; that this violated his right to privacy.

Privacy, ‘tis been many times proven, makes the ready refuge for public scoundrels. No, that is not in the least implied in this instance.

Still, privacy is the last thing Lim should have invoked, given his celebrity status in social media from Facebook to TikTok – indeed, that which he parlayed to a successful run for the sangguniang panlalawigan where he now roosts.

Virtually and veritably, Lim has been too long a public figure before he was elected to public office. And therefore, well within the realm of public interest, open to public scrutiny. Even ridicule and denunciations, if we go by social media posts.  

As provincial board member, let Lim be impacted with that fundamental principle enshrined in the Supreme Law of the land: Public office is a public trust.

Of government officers and employees enjoined to “at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.”

So, the disclosure of his personal details – specifically home address – indicated in the warrant of arrest media published as factual basis for their articles, now constitutes a violation of his privacy?

If this were so, Lim had already incriminated himself long before media published those legal documents attendant to the cases he has been named as respondent.

After filing his certificate of candidacy with the Commission on Elections in October last year, Lim did the perfunctory photo-op showing his accomplished and duly received COC that subsequently made the rounds of mainstream and social media. The COC contained even much more than the personal details in the warrant of arrest that Lim now invokes as a cause of breach of privacy. Res ipsa loquitur, anyone? 

Of the COC, Comelec spokesperson John Rex Laudiangco said at the time of filing last October: “It is the specific document required by law to establish the express intent of a person, or aspirant, to run for a specific elective public office, establishing his or her possession of all qualifications and none of the disqualifications, declaring as well his political party affiliation, if any.”

Lots of personal details there, if I may.  

“Given that this is a public document, it is required to be executed under oath,” noted Laudiangco.

Furthered Comelec chair George Garcia: “[The COC] highlights the intent to aspire for a particular position. The COC reveals compliance with the qualification requirements of the Constitution and the law. And false material representation can be grounds for cancellation of candidacy or denial of due course coupled with misrepresentation as an election offense aside from the crime of perjury. This is therefore the document for the voters to better know the candidates.”

Public interest. As much for the voters specific in the case of the COC, as for the general public in warrants of arrest.

Quod erat demonstrandum, as my favorite fiscal was wont to say.