MANILA,
DECEMBER 18, 2011 (INQUIRER) By Ramon Tulfo - People
who root for President Noy in his quarrel with Chief Justice Renato
Corona don't know the consequences of giving too much power to the
executive branch and emasculating the judiciary.
A super-powerful presidency leads to a dictatorship. People
apparently have short memories, forgetting the dark years of martial
law.
During those unlamented years, the nation had a president who vested
himself with the power of the legislative by issuing laws through
decrees, a rubber-stamp legislature and a timid judiciary.
We now have a president who holds the House of Representatives by the
nose and wants to make the Supreme Court bow to his every wish.
* * *
We should take heed of Sen. Joker Arroyo's description of P-Noy.
Arroyo (no relation to former President Gloria Macapagal-Arroyo) said
the President was on his way "to becoming an autocrat like (Marcos)."
Arroyo knows whereof he speaks because he fought the Marcos dictatorship.
If the octogenarian senator, who was executive secretary in the Cory
Aquino administration, sees a similarity between Noynoy Aquino and
Marcos, we better believe him.
* * *
Why is the President so popular?
The poor, who are mostly respondents in popularity surveys, approve
of P-Noy's performance, even if he's a mediocre president, because he
gives them cash doles through his administration's poverty-alleviation
program.
You can't also blame the poor for siding with the President in his
fight with the Chief Justice, the head of the courts of the land,
because justice in this country mostly favors the rich over poor
litigants.
* * *
Okay, the judiciary is corrupt, the reason most people are siding
with the President in his quarrel with Corona, but more so are the
executive and legislative branches of government.
Everybody's tainted because corruption is a social cancer.
* * *
Members of the three-man panel investigating the alleged
kidnapping-for-ransom of a Japanese national, Noriyo Ohara, by agents of
the National Bureau of Investigation (NBI) couldn't believe what they
were hearing from witnesses.
The witnesses recounted how NBI agents haggled for the amount of
ransom to be paid for the release of Ohara, an undocumented alien.
The panel, led by Undersecretary Francisco Baraan III, was formed by
Justice Secretary Leila de Lima after I brought Ohara's
kidnapping-for-ransom case to her attention.
There is no way that those implicated in the kidnapping—Mario Garcia,
chief of the NBI's security management division (SMD); Jose Odellon
Cabillan, SMD executive officer and agents Virgilio Gutierrez; and Chona
Espina—would go scot-free after what the witnesses told the panel.
Cousins Glenda Marzan and Tina Marzan Vinluan told the panel they negotiated with the NBI kidnappers on the amount of ransom.
Glenda and Vinluan's family took Ohara under their wing after she
left Japan to escape the wrath of the Yakuza that had killed her father
and was now after her.
The NBI agents learned of Ohara's illegal entry into the country
three years ago. They arrested and detained her for more than a month
while waiting for the ransom to be paid.
The Marzan family came to me after they were told by the NBI agents
that they couldn't get Ohara back even if they are able to come up with
the P15-million ransom in full because they were deporting her to Japan.
Corona starts forming top-notch defense team By Marlon Ramos, TJ Burgonio Philippine Daily Inquirer
[PHOTO - TO RESIGN OR NOT He thought of resigning, Chief
Justice Corona tells government lawyers attending a convention at a
Manila hotel on Thursday. LYN RILLON]
Chief Justice Renato Corona has begun forming the legal team that
will handle his defense at the impeachment trial that is to start in
mid-January at the Senate.
A number of "top-notch" lawyers have offered their legal services to
Corona for free, Jose Midas Marquez, the Supreme Court administrator and
spokesperson, said Thursday.
But Marquez denied reports that veteran lawyer Estelito Mendoza, who
occasionally serves as legal counsel of former President Gloria
Macapagal-Arroyo, would lead the Chief Justice's defense.
Earlier Thursday, the Senate formally summoned Corona to respond to
the articles of impeachment filed by the House of Representatives
against him.
Senate Sergeant at Arms Jose Balajadia, accompanied by staff members
of the chamber, brought the summons that included a copy of the 57-page
verified complaint to Corona's office.
Balajadia told reporters that the documents were received by Rogelio
Jubilo Jr., a staff member in Corona's office, at 4:10 p.m.
Valentina Cruz, the spokesperson of the impeachment court, said the Chief Justice had 10 days to respond.
Senator Edgardo Angara urged his fellow senator-judges to look into
the possibility of mediating between President Benigno Aquino III and
Corona ahead of the trial.
But Cruz told reporters that "an amicable settlement is not allowed under the rules of impeachment."
"Unless the House withdraws the articles of impeachment, which is
unlikely, or the Chief Justice resigns, which is another scenario," she
said.
Nothing formal yet
Marquez said Corona's legal team "has yet to be formalized."
"What I know is that the composition is still being studied,
especially now that [Corona's] office has received the summons from the
Senate," he said, adding:
"We have been receiving offers from different lawyers, both
individuals and law firms. The Chief Justice will just have to decide
who among them will form part of his legal team."
Marquez said he was not at liberty to disclose the names of those
offering their legal services. He said Corona "is taking some time
[deciding] because he wants to be sure that all these lawyers are really
the right lawyers to represent him."
Commenting on Malacañang's call for Corona to take a leave of absence
while preparing for his impeachment trial, Marquez said: "That's up to
the Chief Justice. … I think that's their objective, for him to resign
or take a leave. If he thinks that he should take a leave because his
functions are suffering, then he will, regardless of who is asking him
to do."
'Absurd rulings'
Bayan Muna Representative Neri Colmenares, a member of the House
prosecution panel, on Thursday said it was digging up Corona's "absurd
rulings" to build its case that he had been partial to Arroyo during her
presidency and beyond.
The panel will list the Supreme Court rulings favorable to Arroyo
from the time she became the President in 2001 up to the present, in
which Corona had participated as an associate justice or Chief Justice,
Colmenares said in a chance interview at the University of the
Philippines' College of Law.
"We will build a case to show that the partiality was intentional.
That's our theory that will be presented at the [impeachment trial]," he
said. "That's a strong ground."
The panel members, including its chairman, Iloilo Representative Niel
Tupas Jr., are to meet during the yearend holidays to prepare for
Corona's trial.
When 188 House members voted to impeach Corona on December 12, they
cited several grounds, including his purported partiality and
subservience in cases involving the Arroyo administration from his
appointment as associate justice to his "midnight appointment" as Chief
Justice.
Arroyo, now a Pampanga representative, is under hospital arrest for alleged electoral sabotage.
Colmenares said the Supreme Court issued "a series of absurd rulings"
on a wide range of cases involving, among others, Arroyo's Executive
Order No. 464, which barred officials of the executive branch from
testifying at legislative inquiries without her permission, and then
Socioeconomic Planning Secretary Romulo Neri's right to invoke executive
privilege in refusing to testify on his conversation with Arroyo on the
NBN-ZTE deal.
Wanted: independent court
"The most absurd" ruling was the temporary restraining order (TRO)
issued by the high court on the travel ban on Arroyo, said Colmenares,
who is the president of the National Union of People's Lawyers.
"You can make a mistake once or twice, but a series of absurd
decisions capped by a TRO issuance, [that's another matter]," he said,
adding that the panel would take into consideration the fact that Corona
had served as Arroyo's chief legal counsel and spokesperson.
Colmenares said representatives of Bayan Muna and other progressive
party-list groups signed the impeachment complaint because they agreed
with the grounds.
"Bayan Muna has not long been aware of the move to impeach [Corona].
But when it was discussed, we could identify with the grounds,
especially the partiality and subservience," the lawmaker said.
"In fact, our main reason is we want an independent Supreme Court. In
the same manner that we will not tolerate an Arroyo court, we will not
also tolerate an Aquino court or an Aquino Chief Justice. No court
should be subservient to anybody, even appointing authorities," he said.
He added that in his view, the key role of the prosecutors was to
conduct legal research for their testimonial and documentary evidence,
present evidence in court and evaluate the entire trial afterwards.
On merits
Elsewhere, the Philippine Bar Association (PBA) called on the three
branches of government to comply with the Constitution and the rule of
law vis-à-vis Corona's impeachment.
PBA president Ronald Solis said the group "fully believes in the
constitutionality of the impeachment proceedings" against Corona.
"[The trial] will allow the issues to be properly ventilated in a
sober and orderly proceeding where guilt or innocence is weighed and
determined on [its] true merit and not on the basis of an open
competition to win public opinion," Solis said.
Political analyst Ramon Casiple said not only Corona but all justices
of the Supreme Court perceived to be sympathetic to Arroyo should
consider resigning to preserve the tribunal's independence and
integrity.
He said these justices might face the same impeachment charges lodged
against Corona because they had also voted in favor of questionable
rulings.
Casiple said among these rulings were the "status quo ante" order
issued by the high court stopping the House's impeachment moves against
then Ombudsman Merceditas Gutierrez, the flip-flopping in the case of 16
new cities and the creation of Dinagat province, the exculpation of a
justice accused of plagiarism and the TRO on the travel ban on Arroyo.
"These justices will have no choice but to be involved in the Corona
impeachment, as witnesses for the prosecution, or as hostile or defense
witnesses," added Casiple, the executive director of the Quezon
City-based Institute for Political and Electoral Reforms. With reports from Christian V. Esguerra and Jerome Aning
FROM PHILSTAR
Corona refrains from further bashing, urges spreading of God's love By Edu Punay (The Philippine Star) Updated December 17, 2011 12:00 AM
[PHOTO
- Chief Justice Renato Corona gestures before Manila Archbishop Luis
Tagle after a Mass at the Supreme Court in Manila yesterday. Jonjon
Vicencio]
MANILA, Philippines - In his Christmas message yesterday, Chief
Justice Renato Corona refrained from further bashing his critics and
instead called on the Filipino people to "continue spreading God's
love."
"We can consider ourselves worthy of the sacred gift only if we can
love, care and show compassion for others,he told Supreme Court (SC)
employees at a Mass officiated by newly-installed Manila Archbishop Luis
Antonio Tagle during the SC's Christmas party.
Corona also thanked members of the judiciary for showing their
support for him by stepping out of their offices for a few hours last
Wednesday and marching to the SC building.
"You, together with my family, have served as my anchor and as I look
forward, it is my fervent hope that you shall remain steadfast and
continue helping the court to bring our people to a better and more
dignified claims in society," he said.
Corona, his wife Cristina, and their children Francis and Carla
attended the Mass along with Associate Justices Presbitero Velasco Jr.,
Teresita Leonardo-De Castro, Arturo Brion, Jose Mendoza, Jose Perez,
Mariano Del Castillo and Aquino appointees Justices Bienvenido Reyes and
Estela Perlas-Bernabe.
Still, the Chief Justice told reporters in an ambush interview the
attacks against him were "just politicking" and that he would address
them point-by-point in the impeachment trial in the Senate.
But he refused to give further comments about his impeachment, saying
his legal team has advised him not to talk after he received the
summons from the impeachment court.
SC spokesman Midas Marquez revealed that the Chief Justice was still
forming his defense team from a number of prominent lawyers who have
offered their services.
Tagle held a closed-door meeting with Corona after the Mass, leading
to speculations that he may have shown his support for the embattled
Corona.
The prelate stepped out of the room after 15 minutes. When asked by
reporters what he discussed with Corona, he only said, "Merry Christmas
and a Happy New Year."
But the SC was quick to deny that Tagle's visit had anything to do with pressing issues hounding Corona.
Marquez said the archbishop had accepted their invitation to the Mass even prior to the impeachment proceedings.
"His attendance here has nothing to do with the impeachment case, the
impeachment process. It is purely in celebration of Christmas, so I ask
everyone, do not impute any politics in the celebration of the
Archbishop of Manila of the Mass here in the Supreme Court," he
appealed.
Archbishop of Manila Office of Communications head Peachy Yamsuan
also explained that the 54-year-old archbishop was at the SC premises
not because he was expressing his support for Corona, but because he was
simply honoring a commitment.
She said the Manila prelate was aware that his appearance at the SC might cause controversy.
"He is aware that this would be open to interpretation but there is
nothing he can do because if people want to have bad thoughts, they can
have bad thought," she said.
Corona was impeached by the House of Representatives via an
overwhelming vote of 188 congressmen last Monday, the same day Tagle was
installed as the new archbishop of Manila.
Last Wednesday, the SC chief took a fighting stance and accused
President Aquino of building a dictatorship by trying to control the
judiciary starting with his impeachment.
Members of the judiciary all over the country rallied behind him by holding a "court holiday."
Stay out
Marquez yesterday called on Justice Secretary Leila de Lima not to butt in on the conflict between Corona and President Aquino.
In an ambush interview, Marquez begged off from responding to De
Lima's tirades against the Chief Justice, whom she branded "walking
constitutional violation" and whose appointment she called the "Hello,
Garci of the judiciary."
"I don't want to glorify it anymore. And I also call on the good
secretary to, if possible, refrain from issuing statements like those,"
he said.
Marquez pointed out that it would be very difficult for the SC and
the Department of Justice – both key agencies in the justice sector – to
harmoniously work together "if we have statements like those coming
from those we have to coordinate and work with."
"We have a lot of problems to deal with and let's focus on these problems," he said.
Marquez stressed that the President and his spokespersons have made
their statements already on the issue involving Corona's impeachment in
Congress.
"Let's leave the President and his spokespersons, anyway marami naman
sila (there are many of them). And if the Chief Justice would like to
reply, let's leave it to the Chief Justice," he said.
The SC spokesman also argued that De Lima's attacks against Corona
only disproved the Palace's claim that the conflict was not between the
judiciary and the executive. He said the involvement of a member of the
Cabinet only proved that the issue had escalated into a conflict between
institutions – not just between the two top officials.
"I think the Chief Justice is also looking for a spokesperson. I
won't be able to speak for him during the impeachment process, I will
have to speak for the Court," Marquez added.
De Lima, for her part, said she was just expressing her opinion just
like what the Chief Justice did in attacking President Aquino in his
speech last Wednesday. She invoked her right to free speech.
But she decried the call made by the Integrated Bar of the
Philippines (IBP) for the SC to issue disciplinary action against her
for the contemptuous remarks she made against the head of the judiciary,
where as a lawyer she is supposed to be an officer.
"Chief Justice Corona is now fair game after being impeached. The
impeachment complaint used graver language. Might as well discipline all
lawyers in the House who signed the impeachment complaint. Why single
out the secretary of Justice?
"Only the Senate now, and not SC, has control over the chief justice
issue. Otherwise, the House prosecutors will just be cited in contempt
by the SC once they prosecute," she argued.
De Lima called Corona "a tyrant who holds himself above justice and accountability."
The DOJ chief, who is facing disbarment and contempt of court charges
before the SC for earlier defying an order of the high court allowing
Arroyo to leave and seek medical treatment abroad amid poll fraud
charges, said she is "willing to go anywhere" just to defend the
President whose mind is really for "true justice and accountability."
IBP national president Roan Libarios slammed Sec. De Lima for her
comments against Corona and asked the SC to investigate her motu proprio
(or in its own initiative) for possible violation of her oath as
lawyer.
Meanwhile, more groups have expressed support for the embattled SC chief.
In separate statements, the Philippine Constitution Association, the
Supreme Court Assembly of Lawyers-Employees, Inc., the Philippine
Association of Court Employees, the Judiciary Employees Association, and
the Las Piñas City Judges Association condemned the alleged railroading
of the impeachment complaint against Corona and called on the Palace to
respect the rule of law. –With Evelyn Macairan
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by
PHILIPPINE HEADLINE NEWS ONLINE
All rights reserved
PHILIPPINE HEADLINE NEWS ONLINE [PHNO] WEBSITE
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