2013
MANILA, JANUARY 6, 2012 (BUSINESS WORLD) Commentary
By Samuel B. Señoren - The Senate trial of Chief Justice Renato Corona will
mostly likely set the tone for next year's midterm election where 12 Senate
seats and all congressional posts are to be contested. It may also turn out to
be a dry run on how the Aquino administration pursues more impeachment cases
against targeted public officials during its term.
Mr. Corona's impeachment as managed by Mr. Aquino's allies has already
polarized the political sector and divided the legal profession as well even
before the trial proper has begun. But ultimately, they could engender results
that may be more positive and constructive in the long term.
First, it could strengthen political parties, and perhaps even restore the
two-party system where the political agenda of mainstream parties are more clear
and pronounced; and second, it puts the legal profession on notice, particularly
impeachable members of the Judiciary, that they can be held politically
accountable for their actions even if they are not elected public officials.
In all probability, Mr. Corona may escape removal by the Senate this year
because Mr. Aquino's Liberal Party which is spearheading the impeachment drive,
does not have the constitutionally mandated two-thirds majority (16 votes) to
hand down a conviction.
Which is why Mr. Aquino's party will have to make sure that it wins the
majority of the Senate seats to gain significant control of the chamber next
year.
In the House of Representatives (HOR) where the carrot-and-stick rule has
been effectively enforced, control by the Liberals is almost a certainty. The
HOR is where the impeachment case originates.
Even if Mr. Corona wins acquittal this year, Mr. Aquino's allies can always
file a new impeachment case next year after the Sixteenth Congress convenes.
Because impeachment is a political proceeding, the principle of double jeopardy
is not applicable. As such, Mr. Corona will have his hands full fending off
impeachment cases year after year so that he will eventually have no choice but
to quit.
In essence, that is what probably Mr. Aquino meant when he declared that his
government was in the process of preparing a short list from which a new chief
justice would be chosen.
All Mr. Aquino's party has to do is initiate impeachment based on the
catchall offense of betrayal of public trust.
Betrayal of public trust is a unique impeachable offense under the 1987
Philippine Constitution. It is not found in the US Constitution after which the
Philippine Constitution was patterned.
Since there is neither established jurisprudence nor existing legislation to
rely on for a determination of what constitutes betrayal of public trust, it is
really up to the party in power to decide whether or not to make that call.
That seems to be also clear to Mr. Corona when he raised the ante of his
impeachment by imputing that all Mr. Aquino really wants is absolute power so
that he can control coequal branches of government.
In short, it's all about political power and Mr. Corona probably decided that
that was the way to fight the impeachment case.
When he organized his defense team, Mr. Corona was reportedly swamped with
pro-bono offers from top trial lawyers and legal experts. Instead, he chose to
solicit the help of an octogenarian, former Supreme Court justice Serafin
Cuevas, as lead counsel.
Mr. Cuevas and his family are said to have deep ties to the leadership of the
Iglesia Ni Cristo (INC), a religious organization known for its vast political
influence.
In helping Mr. Corona fight such a high-profile battle, it is believed that
Mr. Cuevas consulted with his INC brethren.
But whether the political undertones of Mr. Cuevas's participation in the
Corona defense are real or perceived, will not be known until election day next
year.
By tradition and practice, when INC members exercise their right of suffrage,
they vote into office candidates anointed by their leaders. The choices are
usually announced in churches shortly before election day.
In local elections, including those for congressional districts, the INC is
generally known as the swing factor.
And in national elections, such as those involving senatorial aspirants, the
INC vote could decide who gets to be included among the 12 winners.
Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE
HEADLINE NEWS ONLINE
All rights reserved
PHILIPPINE HEADLINE NEWS
ONLINE [PHNO] WEBSITE
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