Cleansing process

The on-going impeachment trial of Chief Justice Renato Corona before the Senate has broken the myth that the country’s Supreme Court (SC) is beyond reproach. But certainly the impeachment of Corona — willed all the way from Malacanang Palace — short-circuited the whole process and thus posed very dangerous precedents.

President Aquino is stepping on a very slippery slope. Whether Corona would be convicted or acquitted, either of the outcomes of the impeachment trial could equally undermine his administration.

If Corona gets convicted, it would be a bitter, sweet kind of victory for P-Noy. Initially, Corona’s conviction would keep him in his high horse leading his administration’s anti-corruption campaign. But it would also paint P-Noy as a tyrant, or a “dictator” in weakening the highest court of the land. As the final arbiter and interpreter of the country’s laws, the members of the SC would henceforth be susceptible to Palace-Congress impeach pressures if they render rulings unfavorable to the Aquino administration.

On the other hand, if Corona gets acquitted, this would cast doubt on P-Noy himself. It will not only embarrass P-Noy but would also reflect badly on his leadership. Because he has come out openly pushing for the conviction of Corona, P-Noy runs the risk of having to bear all by himself the burden of failure by his allies in Congress who carried the ball for them at the impeachment trial.

Overall, methinks, the impeachment trial of the Chief Justice is an opportunity to start the cleansing process of our country’s judicial system all the way from the top. We are replete with proofs on the slow grind of the Philippine justice system from so many cases that have remained pending and gathering dust at the SC down to the lowest courts of the land. Thus, it has given substance to observations and complaints that our country’s justice system serves only the interests of the moneyed and the powerful who have the means and resources to pursue their cases to the end.

Take one of the ill-gotten wealth cases filed against the Marcoses on which the Sandiganbayan finally ruled after 25 years. The anti-graft court dismissed the P51-billion damage suit against the Marcos couple, former Trade Minister Roberto Ongpin and other individuals alleged to be operators of the so-called “Binondo Central Bank,” or the underground selling of US dollars in the black market from 1984 to 1986.

Ironically, this ruling came on the eve of the 1986 EDSA-1 People Power Revolution that toppled the Marcos regime and swept into office P-Noy’s late mother, ex-President Corazon Aquino. The three Sandiganbayan justices behind this ruling now face possible sanctions in administrative complaint being prepared against them by the Presidential Commission on Good Government (PCGG) also under the Palace behest.

Fresh from this court defeat, the Palace-instigated impeachment against Corona nearly fell apart at the resumption of the Corona impeachment trial yesterday. The House prosecution panel chaired by Iloilo Rep. Niel Tupas wilted under short but sharp questions from Senate president Juan Ponce Enrile reacting on their motion to relax the impeach rules.

Was it Freudian slip for the House prosecution panel to ask Enrile to be more “liberal” in the interpretation and application of rules of court in the Corona impeach trial? We give it the benefit of the doubt that “liberal” meant more flexibility and not for Enrile to hew closely to the marching orders that P-Noy gave to his Liberal Party (LP) allies in Congress to convict Corona. Enrile happens to be the president of the Partido ng Masang Pilipino (PMP) of deposed President Joseph Estrada.

The impeach trial grounded to halt over questions of rules of court and procedures occasioned by the attendance for the first time of Sen. Miriam Defensor-Santiago. Appearing on the fifth day of the impeach trial yesterday, Santiago sternly reminded everyone on the mass walkout of private prosecution panel during the Estrada impeach trial after the majority of the Senator-judges voted against the opening of the second envelope of evidence.

Santiago, who along with Enrile were also senator-judges during that Estrada impeach trial, recalled the dramatic walkout of private prosecution due to legalities and technicalities that ignited the EDSA-2 in January 2001. A former trial court judge herself, the feisty Senator cautioned her fellow Senator-judges over attempts by both the prosecution and defense panels to twist them into acting one way or the other on the questions of rules and procedures.

This was sparked by the attempt of the prosecution panel that would effectively amend at this late stage their No. 2 in the articles of impeachment on non-disclosure of statement of assets and liabilities and net worth (SALN) by Corona. The prosecution wanted to include Corona’s income tax returns (ITR) as part of evidence to support allegations of his “suspected” amassing of ill-gotten wealth.

As early as last week, the House prosecution announced they would present Bureau of Internal Revenue (BIR) chief Kim Henares to testify on Corona’s ITR. Henares, in fact, was even presented to a press conference last Thursday at the Senate even before she could testify at the impeach trial.

Naturally, the defense panel opposed such ITR inclusion of Corona. They obviously came prepared at yesterday’s resumption of the impeach trial with a formal motion to block it. After telegraphing their moves to the press, the House panel apparently did not do their homework (again).

Thanks to Enrile, supported by the senator-judges, cut short the impeachment trial yesterday before things could get any worse for the prosecution panel’s latest setback of their own making. The House prosecutors were caught still on their fishing expedition for evidence.

With their usual flair for dramatics, the House prosecutors bewailed before media their debacle yesterday citing the tactics of the defense to stop Corona’s impeachment over legalities and technicalities. Oh well, that’s how the cookie crumbles!

From experience we had in the Estrada impeach episode, the Filipino people have hopefully matured to discern beyond such antics inside and outside the impeachment court.

 There’s no stopping though of the cleansing process that has already set in and hopefully, would redound to the benefit of all.