Where do we go from here?

A number of friends have asked the question, Should we move on? Forget that there was a miscarriage of justice in the Corona impeachment trial. Or should we continue what was begun by Corona that if we really mean to root out graft in government then all officials must sign the waiver on their bank accounts?

Corona’s defense counsels are still studying the matter for an appeal to the Supreme Court. Cuevas says it is an option while another lawyer said Corona was not inclined to appeal. Senate President Ponce Enrile, true to his role as leader of the pack that convicted him, says there is no appeal to impeachment. The Senate has the last say.

From facebook friends Ethel and Serafin Palafox here is another view:

CJ Corona is correct not to appeal his conviction. he has nothing to appeal. Yes he was found guilty overwhelmingly but his conviction did not include his removal from office. It is true the constitution provides that the penalty of impeachment is removal from office But the decision of the Senate impeachment court did not include or did not say that he is being removed from office likewise. Just plain guilty. The penalty to be imposed cannot be presumed. It has to be stated specifically in the decision of conviction. In the absence of the same what is to be executed? He was just declared guilty without any penalty to serve. That being the case he is still the CJ of the Supreme Court.

The designation of Carpio as acting CJ is null and void as the office is not vacant. The JBC has no factual and legal basis to screen candidates to the position and to recommend appointment to the position of CJ. Appointment of a CJ to replace him is likewise devoid of factual and legal basis. I like to believe that the omission of the same is a simple case of human error or lapses on the part of the Senate impeachment court especially on the part of the presiding officer but this a very damming error of international implication of our reputation.

First the prosecutors were in a hurry to file the impeachment court and so the senator judges were quick to condemn them. And now it is their turn to be in a hurry to convict the respondent. They all seemed to be in a hurry to please the original proponent of the impeachment that they did their things without thinking. Haste makes waste. Imagine the time and resources spent. What a waste! this arrogance!

It may perhaps be too late but it is only now that the truth on the Rabe vs. Flores case is coming out. All the senator judges used it as an example of a Supreme Court judgment to justify Corona’s conviction. According to the senators, Flores, a female court interpreter was dismissed because she did not include her market stall in her SALN. This is not true and the records bear it. She was dismissed mainly for gross dishonesty for double compensation getting salaries from both the municipal assessor’s office and the RTC. The exclusion of the market stall from her SALN was an additional charge but not the reason for her dismissal.

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In the next few days, June 13, 2012 to be exact, the Smartmatic-PCOS case will be heard once again in the Supreme Court, this time without Chief Justice Renato Corona. It is an important case if not the most important that will determine whether we shall ever have real elections at all in the Philippines.

Last April 24, the Supreme Court issued a temporary restraining order to stop Comelec from renewing its contract with Smartmatic for the PCOS machines that have been shown by Filipino computer experts and other NGOs to have been so riddled with defects that there is doubt that real elections took place last May 10, 2010.

Former Comelec Commissioner Augusto Lagman himself testified before the Supreme Court citing reasons to stop the P1.8-billion contract for the purchase of the defective election machines.

He confirmed the consolidated petitions of Automated Election System Watch led by former Vice President Teofisto Guingona Jr., the Solidarity for Sovereignty led by Ma. Linda Montayre and another group of concerned citizens led by Davao City Archbishop Fernando Capalla that the contract violated Republic Act 9184, or the Government Procurement Reform Act.

The contract involves the purchase of 82,000 units of PCOS machines. It should not be allowed because it would violate the procurement law.

The purchase already expired and extension of deadline means substantial modification of the reference he said. Comelec’s option to purchase the PCOS machines from Smartmatic expired when the poll body failed to exercise the same before its expiration last Dec. 31, 2010.

The more important points that Lagman cited in his testimony was about the technical glitches from the machines and the automated electoral system used by Smartmatic. These defects have never been addressed.

If the Comelec renews its contract with Smartmatic PCOS we will have the same flawed election as 2010. It has been shown that digital signatures were disabled so that the votes where separated from the counting. That will be disastrous for democratic elections when machines instead of people vote.

Let us watch developments in this case carefully especially with Chief Justice Renato Corona gone. I suspect this is the source of the rumors that a top government official is not worried about the INC support, “We have the PCOS.”

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What a stroke of luck that Senator Miriam Defensor Santiago should be in the International Criminal Court (ICC) in the coming days. She would have an international platform when she discusses justice systems with her peers. No doubt she will be asked about the impeachment of the Chief Justice of the Philippines and its ramifications with peace and order in a democratic society.

The ICC is an independent body that prosecutes individuals for crimes against humanity and war crimes. She will be in the right place to discuss the rule of law and its importance to government with persons who understand its complexities. There are 117 members in the international court.