CA withdraws support for CJ

AMADO P. MACASAET

‘But the CA cannot be involved in the case, whether it is for or against impeachment.’

THE main objective of CA Justice Rodil Zalameda was to get his peers to sign a manifesto protesting the alleged destruction of the Judiciary by President Aquino and at the same time support the beleaguered Chief Justice.

Fewer than 30 signatures, mostly from junior associate justices, were gathered.

Suddenly, the draft of Justice Zalameda was practically shredded. A new draft had to be made and deliberated upon by the en banc on January 3. That is, if majority of the justices signed the manifesto.

Presumably for failure to get the majority to sign the new draft, the schedule for deliberation was postponed indefinitely.

Then the unexpected happened. Justice Roree Carandang argued with his peers that any manifesto in support of the Chief Justice or denouncing President by any member of the appellate court should be treated as his or her personal opinion.

Sensibly, Justice Carandang declared that the Court of Appeals cannot be dragged into the impeachment case of the Chief Justice.

Presiding Justice Andy Reyes agreed with Justice Carandang. He told his peers that any statement must be individual and personal. The Court will not be involved in any kind of manifesto for or against the Chief Justice.

This is the kind of jurists who are for the law and not for the benefit of anyone, in this case the Chief Justice.

If the previous statements of support by various groups including some members of the Integrated Bar of the Philippines headed by Roan Libarios had any probative value, – there could be none as the expressions of support are not evidence for the embattled Chief Justice -- the refusal of the Court of Appeals to be dragged into the impeachment trial should be the guiding light for all, even those seeking support for conviction.

The message in the decision of the |Appellate Court is that it is not scared of the High Court, least of all the Chief Justice in matters personal to the magistrate.

Opposing or supporting the impeachment is not a matter for the CA to take up. However, the individual freedom of the CA justices to say what they want must be considered an exercise of free expression. But the CA cannot be involved in the case, whether it is for or against impeachment.

I am afraid that none of the CA justices will issue a personal opinion on the case. If anyone does, the statement will be published in this space without changing one word.

It is good to remember that none of the justices of the appellate court answered the call of Midas Marquez, spokesman and administrator of the High Court. Maybe they were not asked.

Marquez used his perceived powers to demand that judges of regional trial courts appear in the rally for support of Mr. Corona. Very few complied.

In fact, only four of the so-called "magic nine" including the Chief Justice, showed up.

The message here is Mr. Corona has lost the support of his peers, or like the justices of the Court of Appeals, they would not have anything to do with the impeachment of the Head Magistrate.

This silence is proper and is a rare manifestation of the fact that the main duty of all justices of the High Court is to defend the Constitution. Not their chief, even when he runs into deep trouble.

The impeachment trial of Chief Justice Corona has been littered with declarations of support and for conviction. This is also an exercise of free expression.

However, if the expectation of those who are for or against the impeachment is they can influence the senators sitting as judges, they are dead wrong.

The harsh reality is that impeachment is a political trial. While under the law, evidence must be carefully evaluated before a verdict is rendered, conviction or acquittal is basically a function of numbers.

If two-thirds of the 24 senators vote for conviction, the Chief Justice is expelled from his post. Impeachment verdicts cannot be appealed.

Mr. Corona is under siege from his detractors. However, he seems to be blinded by manifestations of support which he might have hoped the Court of Appeals would give him but did not.

The Chief Justice believes that the impeachment court will acquit him. That is the only reason he earlier said that he would face trial.

There are at least half a dozen petitions for dismissal which are now being raffled to different justices of the High Court.

We have a Constitutional crisis waiting to happen. If the Court issues a temporary restraining order suspending the trial, I will bet my bottom peso the Senate will defy the order.

That would set off the Constitutional crisis.

It is comforting to know that the Court of Appeals was intelligent enough to avoid being dragged into the crisis. But the crisis will be there just the same.

The refusal of the CA to be involved leaves its jurists feeling clean and uninvolved.

It is not the possibility of conviction (as there is a similar possibility of being found not guilty) that should force Mr. Chief Justice Renato Corona to sit down with his closest and well-meaning friends and family including his brother Toti, and think of the best step to take.

He has been subjected to all kinds of biting criticism. Since he should know that he placed himself in the present situation, the option of resigning could be a better alternative.

The man’s honor must be saved. Resignation is a gentlemanly act. It is not admission of guilt. It is a godly effort to save the country’s justice system which many believe has been destroyed by him and his Court on the orders of Gloria Arroyo.