MANILA, JANUARY 29, 2012 (PHNO BLOG WATCHER) FROM http://mrcheapjustice.wordpress.com/
Senator Judge and Presiding Officer Juan Ponce-Enrile
Miriam Defensor Santiago
A Dangerous Precedent
To de-bone the current impeachment proceedings, no matter how the prosecution panel blunders it is slowly inching its way to prove that Chief Justice Renato S. Corona may have accumulated ill-gotten wealth.
It has slowly (but surely) built its case using the mighty power of the State – using all its resources available. The latest being the dreaded Bureau of Internal Revenue (BIR) acting as a dark undertaker. BIR Commissioner Kim Henares is just marvelous, a picture perfect government crusader who is doing her job well. Too bad for Chief Justice Corona, his blunders in declaring his income seems to be causing him a Capone-like crumble.
Lets leave Chief Justice Corona for a moment, he may already be doomed. Lets us go to the weapon unleashed by the BIR against graft and corruption.
Showing the whole country that it can actually pry into the lifestyle of government officials (even those having co-equal status as the President) and expose to the nation his probable ill-gotten wealth, the BIR should not stop and continue to investigate irreconcilable incomes and expenses of ALL government officers – whether they are President PNOY's bright boys and flavor of the moment or those outside the current administration circle.
Lifestyle check by the BIR should cover EVERYONE in government.
This is dangerous as the BIR might be biting its own tongue. It might be confronted by the long realized reality that EVERYONE in government have skeletons in the closets. And if the entire force of governmental pwer is employed to investigate one's income tax folly, there might be no "CLEAN" government officer left standing.
The BIR is challenged. If the current administration is indeed sincere to mop away graft and corruption, the BIR should continue its roll.
Try to pry into the income tax returns of the other Supreme Court Justices and check their actual properties. And why stop there? Investigate the Sandiganbayan justices, Court of Appeals Justices and members of the Department of Justice.
Why not pry into the income tax returns of the Honorable prosecutors and their families.
Suddenly, the BIR will find a gargantuan job on its lap.
Disqualify Biased Senator-Judges ýMonday, ýJanuary ý23, ý2012, þý10:40:12 AM | mrcheapjustice
In any biased court or tribunal, the litigants are up against two foes – the opposing counsel and the judge who has taken a stand in the case.
A judge should always be above suspicion. He should be impartial. It is only this mindset that he is able to judiciously determine the merits of the case.
That is why rules of court allows the judge to ask clarificatory questions – not conduct direct or cross examination.
That is why even in an impeachment case like the one against Chief Justice Renato Corona, Senator-judges should act like real judges.
Whether in an ordinary court trial or the impeachment court, an unbiased judge is a must and basic guarantee of fairness.
What Senator-judge Franklin Drilon did when he quizzed prosecution witness Atty. Enriquetta Vidal is not only clarificatory but already "corrective" direct examinations – a helping hand to the prosecution which seems to be bungling its case.
Anybody who watched that episode will agree that Private Prosecutor Mario Bautista's effort to produce the SALN was fruitless until Senator Drilon fielded his questions ans eventually forced Atty. Vidal to relinquish the SALN to the Senate's custody.
Drilon did not only overdid his role, he exposed his bias in favor of the prosecution.
In order to save an impeachment case which supposedly against a biased Chief Magistrate, the impeachment court should be free of the same evil.
Chief News Editor: Sol Jose Vanzi
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