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Wednesday, March 14, 2012

Two impeachment letters

DUCKY PAREDES

The JBC is a useless invention that cannot work to give us a proper and honest judiciary. It ought to be dissolved outright!’

WE have two letters:

"I read your article in Malaya today entitled ‘How the Senator-judges will vote’ and I can’t help but share an input to this important issue.

"Recently, I read a well researched article of ex-justice A. Panganiban entitled ‘Omissions in SALN’ citing, among others, some recent violations and decisions on SALN involving a number of government employees.

"After reading this article, I was amazed to note the importance of filing an accurate SALN and its required submission while in service with the government. I also noted that the government can also run after any of its employee even after retirement from service if it found faults in the filed SALN during their active service.

"Now, I realize why government employees are called civil servants. It is because, without any exception, all government employees are required to exercise the desired dedication, honesty and courtesy in serving the public.

"I am not a lawyer and my ability to understand and analyze SALN violations and decisions by the Supreme court and the RTCs. as researched by ex-Justice Panganiban is rather limited, being an engineer trained in an entirely different field.

"Hence, I opted to select just a few SALN cases cited by the writer in his article so as not to overload my limited ability.

"1. Rabe vs Flores (May14, 1997) Violation:: Dishonesty and for failure to disclose in her SALN her business interest which was a stall in the market. (Section 8, RA 6713).

"Decision: Dismissal from service with forfeiture of all retirement benefits, accrued vacation leave with prejudice to reemployment. – SC

"2. Taxpayer vs Doblada, RTC Sheriff (June 8. 2005) Violation: Inconsistencies, and omissions in his SALN consisting of properties and business interest. Declared only 2 years or more later.
"Decision: Dismissal – RTC

"3. Flores vs Montamayor (June 8, 2011). Violation: Failure to declare 2 expensive cars in his 2001 and 2002.
"Decision: Dismissal – SC

"4. Pleyto vs PNP-CIDG (November 23, 2007) Violation: Negligence for failure to provide detailed list in the SALN of his assets and business and relying on the family bookkeeper and signed it. SALN fully disclosed all his assets and wife had business interests.

"Decision: Respondent was already retired and his retirement pay was forfeited for 6 months.

"Reading through this article, I got the impression that SALN convictions were somewhat limited to lowly government employees. I have read some big news in the past about some "big fish" failing the lifestyle checks but it seemed some "remedial solutions" were made before conviction. A number of those acquitted allegedly bought out their acquittal using part of their big loot.

"Let us hope and pray that this abominable ‘kalakaran’ won’t in any way, tempt any of our Senator-Judges in the on-going impeachment trial of Chief Justice Corona. This respondent is equipped with vast resources under his command. Money, assets, topnotch pro bono defense team and a fair size of following.

"Real big time and real big fish capable of intimidating and influencing any of the senator judges using his vast resources.

"This threat plus the forthcoming 2013 elections, as you suggested Ducky, may influence decision on CJ Corona’s trial.

"One politician recently listed at least seven factors and considerations like party affiliations and political plans among others that will influence the conviction or acquittal of the Chief Justice. These factors and considerations pose a serious challenge to Impeachment Court.

"But most Filipinos believe that the present team of the Impeachment Court under the leadership of the presiding officer is most capable of making a decision that will make most Filipinos proud of being a Fiilpino again." – Cornelio Carlos

Previously, the President appointed the judges and justices who had to go to the Commission on Appointments for the confirmation of their appointments. the CA is made up of Senators and Congressmen and, occasionally, some of the appointees would have a hard time getting their confirmation. Thus, to make it easier for them, the JBC (Judicial and Bar Council) was given that job for the judicial appointees. I do not think that the system is working well.

The JBC is made up of lawyers handpicked by the President to serve in the JBC. Thus, like the appointees that they will process, it is the President (not the people) who chose them to be in the JBC. In the case of the CA. all of its members owe their positions directly to the people, not the President or anyone else.

Also, bring lawyers picking who should be judges and justices, the JBC will tend to treat these candidates for higher positions with some trepidation. If they give these applicants a tough time, wouldn’t they expect that when they (as practicing lawyers) go before these judges and justices, will they and their clients also have a hard time.

The JBC is a useless invention that cannot work to give us a proper and honest judiciary. It ought to be dissolved outright!

***

"I just saw and listened to the interview with Sister Flor and she tells a lot about the Corona couple. I’m truly bothered about those stories she told us and I’m just wondering how come a person like Mr. Chief Justice was assigned with this position?

"Is that really the situation in the Philippines? With no background check before a position is assigned to a person? Is that really what happened during the Arroyo regime??

"Wow, it is so scary. I hope they convict this person Mr. Thief Justice so that justice will be really served for what they have done to this poor nun!!

Now, he is calling this poor nun a Liar!!! When she is almost at the end of her Journey before she meets with our creator?

"Whom do you think shall I believe the NUN or the THIEF Justice?

Have a nice day and May God Bless Philippines!!"-- Carlos Alonzo Jr.

***

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