By RENE SAGUISAG
The Corona lawyers arguably wasted two weeks presenting seemingly Kenkoy witnesses - ang layo po sa bituka - and why Rene keeps firing away, unsworn, and not subject to cross-examination, everywhere save the Impeachment Court. One charged with murdering 45 people cannot argue that fewer than that got transported to the Promised Land. One victim is one too many.
Weeks of foreplay and then in May the Coronas may exercise their right not to speak. But, the burden has shifted to them to explain - in a legally tenable, intellectually respectable and psychologically satisfying way. One found possessing stolen goods can only remain silent at his own risk. He has the right not to speak, but runs the risk of an adverse inference arising from the non-production of evidence. See Justice Isagani A. Cruz’s Political Law 327-29 (2007).
Below, a primer (answers culled from Justice Cruz’s 2002 Constitutional Law).
Q: Define impeachment.
A: A method of national inquest into the conduct of public men, when there is a strong and public outcry. I. Cruz, Political Law, supra, at 355-56 [Thus, we the sovereign people must be heard.]
Q: Purpose?
A: Removal, or special penalties, taking into account the degree of nature of the offense committed and the high status of the wrongdoers. Id., at 356. Censure or “soft impeachment” is there. At 136.
Q: Grounds?
A: Included are “culpable violation of the Constitution” and “betrayal of the public trust” - a catchall to cover all manner of offenses or misconduct unbecoming of a public official but not punishable by the criminal statutes like tyrannical abuse of authority [id, at 358-59] as in l’affaire BGEI, in which Lito Atienza has opened the door to paging Sister Flory.
Q: Culpable violation of the Constitution?
A: Sec. 17 of Art. XI of the 1987 Constitution says: “A public officer of employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities and net worth. In the case of . . . the Supreme Court. . . the declaration shall be disclosed to the public in the manner provided by law.”
Q: What law?
A: In 1989 we enacted R.A. No. 6713, whose Sec. 8 says: “All public officials and employees have an obligation to accomplish and submit declarations under oath, and the public has the right to know, assets, liabilities, net worth, and financial and business interest. . . .” Its Sec. 8(C) says the “statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed . . . .” See also, Sec. 7 of R.A. No. 3019, the Anti-Graft and -Corrupt Practices Act of 1960, the work of legal behemoths Sen. Arturo Tolentino, Sen. Claro Recto and Sen. Ferdinand Marcos, among others, with requirements on taxes paid and family expense - the law is not dead but has slumbered, Shakespeare - and should either be enforced or repealed in this scofflaw nation.
Q: Is “existing practice” on dealing with SALNs a defense?
A: The existing practice is toughness on small fry. But, CJ Rene may not rely on it unless we have royalty. (Prez Erap was prosecuted for non-compliance with R.A. No. 6713 but walked, another story.) Art. 11 of the Civil Code says: “Customs which are contrary to law, public order or public policy shall not be countenanced.”
Q: What to expect in May?
A: After wasting two weeks presenting perceptually immaterial evidence, in May CJ Rene may finally testify and explain, under oath and subject to cross - after filing not later than April 30, 2012 his latest much-awaited SALN. Should be interesting in a telenovela featuring a “derelict on the waters of the law.” Damaged goods now, totally destroyed by then by his silence; his call. The way to save himself is by dazzling the nation, in the Senate. Better, he should step down now so he and his family can get some sleep and a “new” SC can finally decide cases on the merits, not gratitude. There’s 2013, etc., for another round.
Q: What to expect of the senators?
A: Their elections and those of kin will be but a year away. So they keep talking for mileage. Imagine some trial judge facing the media doing-play-play and color commentary before all the evidence is in. To me, anybody can do so, save the Senators-Judges who should do what becomes them as judges - as the late Senator Blas Ople; his daughter, Toots, wrote last February, that he would have kept his position to himself, until it came time to vote. He never insulted, as a public servant, his master, a particle of popular sovereignty testifying in the aborted impeachment trial of Prez Erap.
Q: Impeachment as “political justice”?
A: Fr. Bernas calls the exercise of the power of impeachment, per the French, “an act of political justice.” 2 J. Bernas, the Constitution, etc. 402 (1988). Poetic justice? Rene served Marcos and did nothing for human rights, during the dark years, was mata-pobre in saying the masa as “mga walang ngipin, walang salawal atbp.” in April 2001, and showed lack of delicadeza in May 2010 when he accepted a midnight appointment as CJ, so unlike CJ Moran, when breeding was an unwritten qualification. French “political justice?” Why ever not? That should teach us not to continue to be scofflaws, in SALN, traffic, etc.. Frenchmen, when asked why they kiss a woman’s hand, would say, “mon ami, you have to start somewhere.” Truth versus technicality is the name of the game.
Q: Do we ban surveys as suggested by Sen. Miriam?
A: More speech, not less. She should not say she was the first judge to defy Macoy, which she did post-Aug. 21, 1983, as millions rose in protest. Pre-Aug. 21, Calamba RTC Judge Lito de la Rosa did so, allowing a national security accused bail, saying that “the right to bail cannot just be cancelled out summarily because of the issuance of a P.C.O.” Cheers! In the same way we did when Municipal Judge Elo Ynares-Santiago acquitted Anding Roces in 1982 in a voting boycott case. And earlier there was Justice Celing Munoz Palma. Many are expected to go to law school this June to follow these icons, but more may want to be physical therapists.
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