Impeachment 101

Yesterday, a new chapter in Philippine history unfolded. For the first time, an impeached Chief Justice is being judged. The usual pragmatic voices warn of the dire effects that a disruption might cost business and the economy. The same voices that used to overlook and dismiss the abuses of the previous administration in exchange for untethered business transactions. Now they worry that gains during the Arroyo regime might slowly fritter away with past irregularities possibly exposed. The collapse of the Arroyo vanguards will make accountability for plunder and corruption a reality. A cleanup among public officials will actually be good for business and foreign investments.

There are others who advise that this “attack on the Judiciary” might lead to a constitutional crisis and military takeover. Talk about hyperbole, arrogance and non sequitur all rolled into one effete argument. On the one hand they say that the CJ is but one vote in the 15-man tribunal. Yet in the same breath they claim this move could rock the independence of a co-equal branch of government. It’s talking from both sides of the mouth.

Team Coronarroyo has tread on all the legal avenues. Using IBP like a-dog-on-a-leash, several petitions have been filed before the Supreme Court to stop the impeachment. They claim the complaint is defective because of failure to comply with Constitutional requirements. They questioned the haste with which 188 signatures were collected. But after validating all the original signatures, 22 more have signed up. That means 210 (73 percent) out of 286 Congressmen support the impeachment, way beyond the 95 votes needed.

Corona’s stable of 15 defense attorneys reads like the who’s who of veteran solicitors. Former deans, associate justices, undersecretaries and constitutional experts were all hired for his dream team. But political analysts agree that the SC will not stop the Senate from performing its constitutionally mandated task to hear and decide impeachment cases. “In addition,” Corona himself submitted to the Impeachment Court’s jurisdiction when he filed his answer with his motion to dismiss.”

Meanwhile, private lawyers were being intimidated from joining the prosecuting team. Despite fear of being branded as anti-Supreme Court, 57 volunteers dared and agreed to assist the 10 House prosecutors without compensation.

An anonymous source intimated that interest from private sector heightened immediately after President Aquino announced that he was considering an “outsider” as the next chief justice. This derailed the propaganda line that Justice Antonio Carpio, formerly from “The Firm” and archenemy of Corona was being groomed as the successor. It seems like the beleaguered CJ is running out of ammo and tactics to prevent the inevitable.

Organized according their strengths and expertise, eight prosecution teams chose one article of impeachment to concentrate on. The lead private lawyer of the prosecution is Mario Bautista, managing partner of the Poblador Bautista and Reyes law office. He is credited for harnessing bank executive Clarissa Ocampo as a surprise witness during the 2001 impeachment trial of then President Joseph Estrada. Who knows what master move he will take to pin-down Corona?

D-Day has come. Coronarroyo must defend himself on alleged betrayal of public trust and/or culpable violation of the Constitution plus graft and corruption on eight counts:

1. A track record marked by partiality and subservience in cases involving GMA from the time of his appointment as SC justice to CJ to present.

2. Failure to disclose to the public his Statement of Assets, Liabilities, and Net Worth (SALN) as required under Sec. 17, Article XI of the 1987 Constitution.

3. Failure to meet and observe the stringent standards under Article VIII, section 7 (3) of the Constitution that provides that “[a] member of the judiciary must be a person of proven competence, integrity, probity, and independence.”

4. Blatant disregard of the principle of separation of powers by issuing a “status quo ante” order against the House of Representatives concerning the impeachment of then-Ombudsman Merceditas Navarro-Gutierrez.

5. Wanton arbitrariness and partiality in consistently disregarding the principle of res judicata and deciding in favor of gerrymandering in cases involving 16 newly-created cities including the promotion of Dinagat Island into a province.

6. Arrogating unto himself, and a committee he created, the authority and jurisdiction to investigate a SC justice for the purpose of exculpating him. Such authority and jurisdiction is properly reposed by the Constitution in the House of Representatives via impeachment.

7. Partiality in granting a TRO in favor of GMA and Jose Miguel Arroyo in order to give them an opportunity to escape prosecution and to frustrate the ends of justice, distorting the SC decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Court’s own TRO.

8. Failed and refused to account for the judiciary development fund (JDF) and special allowance for the judiciary (SAJ) collections.

The public confession has just started. From the opening statements, it appears as though the defense strategy will simply be blanket denial: He only owns 5 properties not 14; he has his SALN under lock and key by the clerk of court; he did not refuse to account for the JDF etc! Corona could have saved face if he had just resigned. Alas, falling on one’s sword is unheard of in brazen Philippine politics. Perhaps, his Patroness did not give him permission to take the graceful exit and keep what’s left of a soiled reputation? Does she need a test-immolation before her turn? The Prosecution team is ready to oblige.

Every Juan is waiting, watching and judging. To them impeachment is not just a political process as has been quoted by many. To the ordinary citizen, it is the only way to get accountability from erring public servants who think they are above the law because their power did not come directly from the people. As members of the last bulwark of democracy, they need reminding that they serve in a government of the people, by the people, for the people.

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