LARGE: THOUGHTS ON THE IMPEACHMENT
MANILA, FEBRUARY 12,
2012 (INQUIRER) At Large By: Rina Jimenez-David - If I
haven't written anything yet about the ongoing impeachment trial of Chief
Justice Renato Corona, it isn't for lack of interest. In fact, I follow the TV
coverage religiously, and track its progress by radio when I'm on the road.
The trouble is, however much I keep my eyes and ears glued to the
proceedings, much of what's said tends to rush by above my head. Hindi ko na
ma-reach. Never mind the preponderance of Latin terms and verbose flourishes.
When the trial is over, and the defense and prosecution hold their respective
press conferences, I find myself vacillating from one side to the other. With
both panels claiming victory or at least scoring a legal point, I often wonder
if it's possible for the opposing sides to both be right, or to have won the
day.
And then there are the numerous legal experts who sit on the panels of TV
stations. They're there to clarify the proceedings, to explain in layman's terms
what just went on in the Senate floor. But often, the experts tend to becloud
the proceedings with their own interpretations. I often feel like all the
lawyers involved, the defense and prosecution, the spokespersons, the legal
experts and many of the senators who are themselves lawyers, are speaking in a
code designed to keep out the rest of us non-lawyers.
This is why I'm thankful for the participation of senators like Lito Lapid
(yes, Lapid) and Ping Lacson, who, not being lawyers, end up asking the sort of
questions that occur to ordinary viewers but which we keep to ourselves for fear
of being seen as stupid. Indeed, what is the difference between a "cash advance"
and a "loan"? And when is one act a crime and another legitimate practice?
I've had time to think about the trial and there are some questions and
points I'd like to raise, if only in hopes of helping me understand better
what's going on, and help readers as well.
* * *
A witness for Megaworld Corp., from which the Coronas are alleged to have
purchased condominium units in swanky Bonifacio Global City, has testified that
the family of the Chief Justice received hefty discounts on the purchase price
of their units. The witness said this was because the Coronas paid in full much
sooner than expected, and because a typhoon had wreaked damage on the unfinished
unit.
When the prosecution hinted that Megaworld may have extended the discounts in
exchange for consideration regarding cases then pending before the Supreme
Court, the witness pointed out that in fact his firm had lost two cases at the
level of the high tribunal.
But that doesn't mean no favors were granted. A company facing a suit before
the Supreme Court may seek insurance for a favorable ruling by courting members
of the tribunal. And if the company loses the case, it may write off the expense
of the "courtship" to public relations, to buying goodwill for future cases. And
perhaps, to learning a lesson about counting your chickens before your eggs
hatch.
* * *
Early on in the process, Corona himself warned that the House and the Senate
were risking a "constitutional crisis" by putting the legislature and the
judiciary on a collision course. But impeachment is itself a constitutional
creation. If the framers of the Constitution – and the people who ratified it –
thought the impeachment and trial of an official like the Chief Justice would
weaken the framework of our government, then they would surely have enshrined a
different process for ousting a non-elected senior official. And this may be why
the Supreme Court, with the exception of the Chief Justice, sat back and allowed
the Senate trial to proceed.
If anything, it seems to be Corona, and his lawyers, who are apparently
intent on making the two co-equal branches of government clash head-on. Now they
have asked the high tribunal to move its ass and step into the fray, first by
ruling on the right of the prosecution to open Corona's dollar deposits to
scrutiny; and then to putting a stop to the entire impeachment proceedings.
In my view, it's unfortunate that the Supreme Court agreed to hear (with
unseemly alacrity) the issue of opening Corona's dollar deposits, when a clear
exemption allowed by law is a court order allowing the lifting of the bank
secrecy rule. Does not the Senate, sitting as an impeachment court, have the
right to issue such an order?
As for the petition to stop the proceedings completely, I hope wiser and
cooler heads among the justices prevail. Impeachment is a legal and
constitutional procedure put in place to make accountable even the highest
officials of the land. For the Supreme Court to step into the fray now is
precisely to weaken the delicate balance of power envisioned by the framers of
the Constitution.
* * *
We must also keep in mind that in the past few weeks, we have been "treated"
only to the prosecution's side of the story. We don't know exactly how much
longer it may take for the prosecutors and their private lawyers to wind up
their presentation, but the senator-judges – and the viewing public – face many
more months of a contentious and complicated trial.
Once the prosecution winds up its case, it's the turn of the defense, and we
can expect the same degree of vigilance and barrage of non-stop objections from
the prosecution, although I can't imagine the soft-spoken Rep. Niel Tupas
pouncing on defense lawyers with the same vehemence as lead defense counsel
Serafin Cuevas.
I must also express my marvel at the capacity of Senate President Juan Ponce
Enrile to follow the proceedings and issue rulings to break any impasse. The
other senators (and many viewers and listeners) may space out and tune out any
part of a testimony, but Enrile is expected to be on his toes all the time. How
he does it is beyond me.
Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE
HEADLINE NEWS ONLINE
All rights reserved
PHILIPPINE HEADLINE NEWS
ONLINE [PHNO] WEBSITE
[Non-text portions of this message have been removed]
------------------------------------
-------------------------------------------------------------
Follow us on Twitter: http://twitter.com/phnotweet
This is the PHILIPPINE HEADLINE NEWS ONLINE (PHNO) Mailing List.
To stop receiving our news items, please send a blank e-mail addressed to: phno-unsubscribe@yahoogroups.com
Please visit our homepage at: http://www.newsflash.org/
(c) Copyright 2009. All rights reserved.
-------------------------------------------------------------Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/phno/
<*> Your email settings:
Individual Email | Traditional
<*> To change settings online go to:
http://groups.yahoo.com/group/phno/join
(Yahoo! ID required)
<*> To change settings via email:
phno-digest@yahoogroups.com
phno-fullfeatured@yahoogroups.com
<*> To unsubscribe from this group, send an email to:
phno-unsubscribe@yahoogroups.com
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
