BACKBENCHER
Rod Kapunan
1/7-8/2012
The upcoming trial of impeached Chief Justice Renato Corona initiated by this implacably self-righteous government of President Benigno “PNoy” Aquino will either be one of “for show” or end up as “no show” at all. Such is the anticipation of many. Either way it goes the public would not like it. That then would expose the truth that either the Aquino government is bluffing it has an airtight case against what it insists as a known lackey of Mrs. Arroyo or that it simply bungled the whole thing.
No doubt the beleaguered Chief Justice is a callous protégé of one who for almost 10 years styled herself President of this God-forsaken land of ours. Even if we are to take it that his appointment was beyond cavil legal, the hitch is, was the person who appointed him vested with the legal authority? Of course, that is no longer the issue the Senate Impeachment Court will resolve. Besides, that has been decided by the same collegial body long before this foamingly vindictive government came to power by the electronic magic of computerization. What causes this good-for-nothing administration to have his tantrum is it cannot stomach seeing Corona a minute sitting behind the bench.
Do doubt, Corona is also feeling the heat of the vexatious charges that have been lined up against him, although from a strict legal standpoint they will never touch first base. Nonetheless, his predicament of being impeached by the House by the same midnight maneuvering process serves as a moral lesson that it will not do good to anybody to be appointed by photo finish as race aficionados would put it, especially from one whose status is as equally questionable.
Yes, Corona could insist his appointment was perfectly legal and valid, and the best proof he could cite was the same collegial decision upholding his appointment on a case specifically lodged against him. The problem is, in his alacrity to get hold of the post, even breaking the tradition of seniority of by-passing many who were appointed ahead of him to the High Court, he cannot now say no iota of impropriety marred his appointment.
His appointment may not warrant a reversal by the same court of that opprobrious decision, but definitely the case against him now has its focus on public opinion that in the end could magnify his integrity. It may not be a crime or a violation, but certainly it could hamper his credibility and that now puts him on equal footing with the one now languishing in her detention center.
Corona being scrutinized and judged on his credibility is no doubt beyond the realm of legality, and there is no way he can fight back like saying let us to stick to the rules. For then that would only heighten the cynical perception of the people towards the judiciary. Besides, impropriety can never be rectified by the expediency of securing a declaration to make an immoral act legal. It is on this pivotal aspect where many of our miserable and pathetic justices and judges failed to discern. It is the same persistent attitude of claiming that what they do is always in accordance with law that tore down the credibility of the judiciary.
For this equally arrogant administration to redeem itself from the embarrassment the best it could have done was to impeach altogether those pusillanimous justices who voted to ratify Corona’s coronation as Chief Justice. For upholding that morally questionable appointment, their removal altogether would suffice that they acted not with impropriety, but conspired to commit an act of impropriety. That could put to a crucible test the hullabaloo called checks and balance in our system of government. It could also put to an end the presidential prerogative and those arrogant termites called the Judicial and Bar Council who wants a share of that power in reducing those supposedly independent-minded judges and justices to that of shameless minions of the President. Booting out all of them is to use their weapon of voting by collegiality to kick out all those remnants who voted to ratify an appointment that was at the outset morally wrong.
As it is, the political centurions of this administration want to punish Chief Justice Corona for his bias in favor of his former boss in Malacañang, specifically for allowing Mrs. Arroyo to seek medical treatment abroad. That approach manifests this administration’s preoccupation on the vagary of amor propio because the real issue remains about the inappropriateness of the appointment.
To question him why he voted with the rest of his pro-GMA colleagues in the Supreme Court is to acquiesce to the validity of the power of the one who appointed him. Corona has a point at least from this compartmentalize legal standpoint; that he cannot be faulted for voting with the rest of the majority. Rather, the administration should have booked all those justices for impeachment, and that could have put to an end the wrangle of who is right and who is legal.
Adding complication is the fact that the Supreme Court then lorded by the minions of the political hijacker legalized that brazen act of political vandalism. Yes, the issue is now water under the bridge, but looking back, the appointee cannot be made more guilty as the one who appointed him, especially if she only had with her a fake cloak of people’s mandate. President Aquino should have sorted out this possibility of overhauling the entire judicial system for only then could he erase those infamous blot marks that made our jurisprudence something of a big joke. The problem however is that the Aquino government is having second thoughts in not wanting to spoil everything.
Finally, because the administration doubts it could pull the number to convict Corona, the tongue of those spokesmen now waggles about their so-called “Plan B.” Maybe there is no such thing as double jeopardy in impeachment even if the accused was acquitted for failure to obtain the necessary vote, but should these cretins crying for blood be permitted to take that drastic approach would the administration not appear silly? In such event, it would confirm the long-drawn suspicion that indeed something is wrong with this administration.
(rodkap@yahoo.com.ph)
