Impeachment Passed by Congress Is DISCRIMINATORY, LACK OF LEGAL FORTITUDE; Philippine Legal System May Now Be, DEAD?

Philippine Supreme Court Chief Justice Renato C. Corona (File photo from sc.judiciary.gov.ph)

Yesterday, (December 12, 2011, 7:30 PM, PHL TIME) Philippine Congress impeached the Philippine Supreme Court Chief Justice Renato Corona by 188 votes. There were NO heated deliberations (for the impeachable grounds) and NO legal hesitations (from the Aquino administration alliance, as if they were already conditioned to follow order without giving a DAMN!) whatsoever! It was plain, mere signature affixation by the 188 members of the lower house (Congress), which satisfied more than the required one-third (1/3) of the total number of the Representatives. It was plain, DEAD, passing the Articles of Impeachment as if the majority of the Congress is DEAD and IGNORANT!

 

 

PASSAGE OF THE IMPEACHMENT IN THE CONGRESS “THEATER”

“Authors” and “magicians” of the impeachment against the Chief Justice defended that the legal process they cooked was satisfied, and that it was Constitutional.

Colleagues, “spectators”, and “purely guests” asserted that the process was discriminatory and  lack of legal fortitude! That is, NO deliberations of the impeachable grounds or even oral overview for articulation; NO formal dissemination of the issue being brought in for the Congress to decide! However, what was being present in all corners of the Congress, the undeniable, fast, approval of the majority of the lower house – the first ever actuation in the history of the Philippine Congress!

 

SUPPOSITIONS WHY IMPEACHMENT IS RUSHED IN WITH A BREATH-NECK SPEED

Firstly, it is apparent that Mr. Aquino has “ill feelings” of the former President Gloria Macapagal-Arroyo because the latter invoked an alleged “midnight appointment” of the Supreme Court chief justice.

Secondly, it is apparent that Mr. Aquino has “ill feelings” of the Supreme Court chief justice because of the latter’s decision on the Hacienda Luisita case; which in turn, might provoked himself to engage vindictive politics to the former President Gloria Macapagal-Arroyo and to the rest of her alliances.

Thirdly, it is apparent that Mr. Aquino has “ill feelings” of the Supreme Court chief justice because the latter decided cases and issues, which have brought before his court, very different from what Mr. Aquino, “at least” expected (“at least”, because, Mr. Aquino may expect a change of tide in his administration politics, yet he was disappointed, very disappointed. Since the Highest Court has unparalleled adherence to the Constitution, the rule of law, and to the people that the law must serve!

 

THEN, WHAT IS THE POINT?

Mr. Aquino maybe desperate to influence the highness of the Supreme Court in terms of deciding cases and issues in favor of his will.  His desperate act of denouncing his disappointment of Chief Justice Renato Corona during the 1^st Criminal Justice Summit was a giant mistake, or Mr. Aquino was short of respect!

The international community of legal intelligentsia and the local as well, may quip with alacrity, that Mr. Aquino’s act is an act of pure desperation in acknowledging his administration as what he heartily expected…

So sad, very sad, Mr. Aquino…

Furthermore, Mr. Aquino is apparently implying through his actions that he badly wanted the Supreme Court chief justice out of his way.  Outcry from “civil group of disturbances” echoed, left and right, calling the chief justice to inhibit, or to step down, for good(?)!

However, the Supreme Court remains steadfast, upholding the rule of law and the consecration of the Constitution, that the judiciary recognizes and exercises full independence and impartiality. This challenged Mr. Aquino (with the support from the “civil disturbance groups”, and the Aquino “magicians” and alliances) to seek remedy or employ strategy against the chief justice so that the latter would be totally be out of the Supreme Court and inhibit himself, no choice! So, impeachment against the chief justice was rushed in the Congress with a breath-neck speed!

Then, what will happen next? Definitely, when the Senate finds the Articles of Impeachment substantive, Chief Justice Corona will, eventually, free his seat to give way for the impeachment investigation.  Whether or not the impeachment will succeed, Mr. Aquino will step back, laughing out loud!

 

THE SENATE MUST ARTICULATE THE ARTICLES OF IMPEACHMENT JUDICIOUSLY

Today (as the time of posting), the Articles of Impeachment is in transit to the Philippine Senate (upper house) after it garnered an outstanding approval from the Congress through a majority vote of 188 votes yesterday.

Now, the Senate must act judiciously as to the substantive grounds of the impeachment and not as to the number of votes. Although, an impeachment is a political process, it must not be construed as mere politics but must be construed as a political process in the context of substantive grounds and constitutionality.

 

CONCLUSION

Anybody in the Congress is presumed to be aware of the Constitutionality of the process before an issue being brought in is decided.

However, what had happened yesterday can be interpreted as tantamount to violating the Constitution and their respective duties as Representatives of the people in their respects, especially to the House of Justice Committee.

Why? How come an issue be decided first or be decided and approved at the same time without even articulating or deliberating it with members of the Congress?

Although it, apparently, followed the constitutionality of the impeachment process in the lower house; however, it, transparently dissatisfied the substantiality of the constitutionality of the impeachment process because of the outright lack of formal deliberation and dissemination of the issue that is very critical to all members of the lower house. The House of Justice Committee shall aware of this bedrock of democracy!

Congress shall be aware that they are not playing by just casting their votes on deciding issues critical to the public.

Congress is expected to exercise their utmost intelligence guided by the cognizance of the rule of law and awareness of what is proper, right, and appropriate in the substantiality of the law.

Mr. Aquino’s alliance maybe right to use voting in passing the Articles of Impeachment in the Congress; however, the Constitution is not absolute rather conscientiously construing in applying that proceeding without exhausting the substantive legal processes.  This maybe implied in the Constitution, yet basic to the principle of the Constitution’s Preamble.

Is it time-consuming for the Congress to render proper deliberation of the case, then cast a vote for decision-making and exhaust or satisfy all the modes of passing an impeachment case as uphold in the Constitution?

Why the Congress did not render proper or formal deliberations of the impeachment on the substance of the grounds?

Why did they just render voting as approval for the passage of the case?

Is Mr. Aquino consistent in railroading cases against his declared enemy?

If this is so, then, the Aquino’s “Daang Matuwid” is DIVISIVE and VINDICTIVE driven by personal and child-like “hurt feelings”!

And accurately, then, this country is a government of men, NOT of laws!

 

 

 

Sources and Related Readings:

 

1. Rules of Procedure in Impeachment Proceedings
2. 1987 Philippine Constitution
3. The DOJ and Its (Seems to Be) Ignorance of the LAW: Will It Excuse Sec. De Lima from the Dilemma of Justice Apprehension?
4. Aquino and DOJ’s Dillydallying over Arroyo’s Medical Travel Request: A BLATANT CONTEMPT for a Constitutional Right!