RESORT
MANILA, JANUARY 9, 2012
(BULLETIN) By SEN. EDGARDO J. ANGARA — Impeachment creates
an occasion where political parties and factions can thresh out and settle the
issues of legitimacy and is thus a meaningful political exercise regardless of
the outcome.
But just like a double-edged dagger, the process cuts both ways. Impeachment
proceedings can also launch scathing attacks against both the person and the
public office, and thus erode public trust in the institution. The process,
after all, is highly political.
The Senate is not strictly bound by the Rules of Court applicable to judicial
trial in the conduct of the proceedings and the presentation of evidence before
it.
The evidence necessary for a conviction, as well as the appreciation of the
evidence presented are all a matter of discretion. This discretion, in turn, can
only be curbed by public opinion, and by each senator's own conscience.
My fear is that the process, judging by the way the prosecutors have been
leaking evidence to media, could turn into a political circus, and unleash the
impeachment proceeding's destabilizing potential.
This, in turn, could undermine the judiciary's legitimacy and independence –
values crucial to a functioning democracy.
Respect for judicial decisions lies at the foundation of the Supreme Court's
authority. The impeachment trial will inevitably cast a shadow of doubt on the
legitimacy of its authority.
The challenge for the Senate is how to decide fairly as its bounden duty
under the Constitution, without irreparably eroding public trust in the judicial
institution.
The fear that the trial could undermine judicial independence is not without
justification. Our Western counterparts are well aware of its potentially
destabilizing impact in government.
As such, members of the legislature in the US and England have been wary of
instituting impeachment proceedings, exercising such prerogative with extreme
caution.
In the more than 200 years since the US Constitution sanctioned impeachment,
it has been initiated only 64 times in Congress, and only 19 of these proceeded
to trial in the Senate. England, where the practice of impeachment originated,
has abandoned it, and eventually declared it obsolete.
The practice is thus considered a tool of last resort. The question now is –
have we really exhausted all means to resolve the dispute?
It's thus worth reflecting upon the long-term impact this impeachment trial
could bring to our republic.
While media interest in the impeachment will eventually wane, the
ramifications of our decisions in the next few months will linger on, and
continue to define the trappings of our democracy.
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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