MANILA, FEBRUARY 21, 2012
(INQUIRER) By: Fr. Joaquin G. Bernas S. J. - Letter of St.
James to President Aquino and Chief Justice Renato Corona: "Among all the
parts of the body, the tongue is a whole wicked world in itself: it infects the
whole body; catching fire itself from hell, it sets fire to the whole wheel of
creation. Wild animals and birds, reptiles and fish can all be tamed by man, and
often are; but nobody can tame the tongue—it is a pest that will not keep still,
full of deadly poison." James, 1:5-6
Trabaho lang. I have written pieces critical of the current administration,
as I did of the past administrations from the Marcos days. I will continue to
express my opinion on legal matters as I see them.
But I have also heard of intelligent people whom I normally respect saying
that my views are not credible because one of my nephews is married to Luli
Arroyo. Indeed he happily is.
I will not attribute this ad hominem criticism of me to intellectual
bankruptcy, but if my critics have anything rational against my views, I will
welcome them and I may yet be saved from my errant ways. But, please, identify
yourself so I will know to whom to bow.
About two years ago I opposed the power of President Gloria Macapagal-Arroyo
to appoint a chief justice during the two-month prohibited election period. I
mentioned no names. I learned later that for that I won the ire of the current
Chief Justice. She eventually did appoint him. I still believe it was wrong for
her to exercise that power. But I am not the Supreme Court.
I also criticized the splitting of a congressional district in Camarines Sur
in order to accommodate Arroyo allies. But Congress went ahead and split it and
the Supreme Court blessed it. I still believe that the Supreme Court was wrong
in upholding Congress. But I am not the Supreme Court.
As a lawyer, my measuring rod of public acts is always the Constitution
first. I will always measure the acts of those in public office by the standard
of constitutional law and not by blood or social relationship. I have even
expressed constitutional views different from some members of the Catholic
hierarchy and have been pilloried for it. Fortunately my Jesuit superiors and
some in the hierarchy support me.
I will sometimes disagree with Supreme Court decisions but will obey them,
because a decision of the Supreme Court is law, even if I know that it is only
supreme law until reversed by a later Supreme Court!
I ardently supported Cory Aquino in her days, but her son should not be
surprised if occasionally I oppose his views and actions. Trabaho lang.
Incidentally I might also compare the style of the current President with the
style of former President Arroyo. Gloria Macapagal-Arroyo generally spoke and
acted through her subordinates. Thus bullets for her usually had to pass through
the breastplate of subordinates first.
But President Aquino often speaks and acts for himself. He is also loyal to
his subordinates, even when they buy pirated DVDs! He thus more readily exposes
himself to bullets. Understandably Doctor Edwin Lacierda and Nurse Abigail Valte
of the Palace Clinic sometimes go scampering to give him first aid.
More generally. Let me now offer some observations on the current impeachment
proceeding.
The impeachment body, which we usually refer to as a court, is both a
judicial and political (read: policymaking) body. If it were meant to be a
judicial body purely, the responsibility for impeachment would have been
entrusted to a body under the judicial department.
As a judicial body in the impeachment process, the Senate applies the law. A
virtue we expect of a judge is what is usually described as "cold neutrality."
In the current proceeding, I do not think anybody will "accuse" some members of
the Senate of that virtue. But there is a plausible explanation for that.
As asserted in a number of rulings of the presiding officer, the senators are
given a wide leeway for asking questions. He recognizes that the senators are
also jurors in search of truth. Thus, in all of this, so much depends on the
sense of fairness of each individual senator. Incidentally, also of President
Aquino.
Indeed, in countries where there is a jury system, there is such a thing as
jury misconduct which can cause the reversal of a verdict. The cases on jury
misconduct range from intentional disregard of the juror's oath to unintentional
actions by jurors who do not understand jury protocol.
But what do I mean when I say that the impeachment body is also a
policymaking body? I mean that they also consider what is best for the country.
Let me illustrate. Assume that the Senate finds that there is no sufficient
ground to convict the accused. Fairness would demand that the accused be
acquitted. Let us suppose, however, that the Senate finds sufficient ground for
removal of the accused but in its judgment it would be worse for the country if
the accused is removed from office. In the exercise of its policymaking power it
might decide to keep the accused in office.
Will we know the reasons behind the decision of the senators? We might or we
might not.
As I see it, there is no obligation on the part of the senators to explain
their vote. But most of them probably will explain their vote, as they did on
the recent TRO issue, because they know that they themselves are on trial before
the court of public opinion.
Remember that some of them may still have electoral ambitions.
Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE
HEADLINE NEWS ONLINE
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