No constitutional crisis
MANILA, Philippines — Far from suggestions that a constitutional crisis is brewing as a result of the impeachment of the Chief Justice, what is unraveling shows proof that the country’s constitutional process is “alive and working” and that democracy and the Supreme Court (SC) may come out stronger, senators said on Thursday.
Senate Minority Leader Alan Peter Cayetano described as “healthy” the controversial verbal clash between President Benigno S. Aquino III and Chief Justice Renato C. Corona.
“We still haven’t reached a point of constitutional crisis. In fact, we are experiencing the reverse. The Constitution is alive and it is working. The clashing of the great powers of the government was meant by the framers of the Constitution. Precisely, because the government shouldn’t be a dictatorship with only one person or branch reigning supreme,” Cayetano said.
The minority leader said that after listening to Corona’s scathing speech against the Chief Executive, it is clear that “things are going to get worse before they get better.”
“It’s healthy. It’s an extraordinary release because not everyone gets impeached. It’s not often that the House gets to decide on the impeachment of an impeachable officer. But this just shows the Constitutional process is working,” he said.
Cayetano said that allowing the public to openly see the conflict between the two co-equal branches of government is a vigorous exercise.
“Both sides, the Executive and the Judiciary, feel they are required to articulate their stands and explain to the people what is happening. But the Senate has to be very fair and we have to stick to the evidence and to the issues that are brought up in the impeachment court,” he said.
He rejected suggestions that these developments indicate that the country could suffer a constitutional crisis.
“A constitutional crisis will occur if, in the event of a conflict between branches of the government, the Constitution does not clearly state how the situation will be resolved. But right now, with the impeachment process, the system is really working,” Cayetano said.
Sen. Gregorio B. Honasan II shares a similar view, saying that Philippine democracy and the SC will be stronger after overcoming the painful experience of impeaching the Chief Justice.
“The Supreme Court will also come out of this stronger,” said Honasan. “I am also confident that down the road we will overcome this and our democracy will be stronger. We come out of this stronger but we have to go through this.”
His positive outlook comes with an admission that there is a tough price to pay.
“We (senators) have decided on this. There will perceptions that the credibility and impartiality of all the three branches (of government) will be weakened temporarily, especially the Supreme Court which is on the line because of the Chief Justice,” he said.
No developing country has gotten to where they are now without going through the impeachment trial that pitted two of the country’s three co-equal and independent branches of government, he said.
While other countries go through a violent phase, Filipinos should be thankful because their leaders resort only to name-calling, he said.
Meanwhile, Sen. Edgardo Angara urged senator-judges to still look into the possibility of mediating between the contending parties in the trial to allay the political tension.
“As in a regular court, the judge has the authority to mediate and encourage dialogue before going into trial,” he said.
The Senate he said stressed should first explore areas of reconciliation.
“Is there really no hope for a truce so the entire country will not have to be caught up in the dispute between the President and the Chief Justice? It is not too late,” Angara said.
In Malacañang, the battle with the Chief Justice seemed far from over as the President turned the tables on Corona and accused him of dictatorial tendencies in past decisions of the SC.
Aquino maintained a combative mood and belied the accusation of Corona that he was plotting a dictatorship by pursuing his impeachment.
Aquino claimed it was actually Corona who has been dictating on the High Tribunal to change previous rulings to suit his interests.
“Maybe that’s their position there. Let’s see whose actions prove the (creeping dictatorship),” the President said.
Asked to comment on Corona’s statement Thursday of acting dictatorial, Aquino said: “For example, we go to the court expecting it is a symbol of lady justice with eyes blindfolded and holding the scales of justice. There is fairness and certainty in the law. So when the certainty and predictability of the law is gone, when the interpretation of the law often changes, who is being followed now? Who is dictating?”
For his part, Corona said he will not go on leave as head of the country’s judiciary despite the proddings of Malacañang for him to do so.
In a text message sent to the Manila Bulletin, Court Administrator and Supreme Court (SC) Spokesman Jose Midas P. Marquez said: “If the time comes he (Corona) thinks he cannot perform fully his functions anymore, I’m sure he will be the first one to go on leave.”
In his speech on Wednesday, Corona said he will not resign and will face trial before the Senate, knowing that the impeachment charges against him were baseless and filed only to besmirch the reputation of the judiciary and undermine its independence.
One Cabinet official also in feisty mood was Justice Secretary Leila de Lima, who took the cudgels for the President by calling Corona’s appointment as Chief Justice the “Hello Garci” of the Judiciary.
De Lima branded Corona as a “walking constitutional violation” and a “usurper to the Office of the Chief Justice.”
“From the moment of his appointment, Chief Justice Corona was a walking constitutional violation. His appointment was the ‘Hello Garci’ of the judicial department,” she said.
“Corona, in his own twisted view of reality, may call the President a dictator, but he can never question Aquino's mandate as the duly elected President of the people. All that Corona can show for himself is his illegal and unconstitutional appointment as a usurper to the Office of the Chief Justice by the other usurper Gloria Macapagal-Arroyo,” she added. (With reports from Rey G. Panaligan, Genalyn D. Kabiling, Leonard D. Postrado, Rolly T. Carandang and Carlo S. Felipe)




Comments
Democracy in our government is still very strong and active that's the reason why we are having these clashes between the executive and judiciary. Both parties are free to express what they want and feel. I just cannot believe why some of our justices and lawyers feel that this conflict was an attack to the entire judiciary whereby the prosecutors single out CJ Corona only and maybe those who are part of it will be the one next in line. Majority of the Filipinos knows that Corona's appointment by Gloria was an anticipated move to protect her from what is happening now. She and the rest of her allies knows the gravity of their offenses so they need somebody (Corona) to be their protector. Let's just hope that our senators will study and decide this case very carefully without considering their personal preferences but to the interest and benefits of the Filipinos and the Constitutions.
As of now there seems to be no crises, but lets see in the coming months after the Christmas season.
I agree to the senators, there's no constitutional crisis in our country and even the Lawyers association agreed that constitutional ang impeachment kay Mr. Corona, I think the best that they can do I tumahimik at harapin sa senado ang case nya. We should be happy that this things happen in our country, which mean democratic tayo and there's equality.
"All that Corona can show for himself is his illegal and unconstitutional appointment as a usurper to the Office of the Chief Justice by the other usurper Gloria Macapagal-Arroyo,” she added." ---> Can anyone please enlighten me why Corona's appointment is branded as illegal and unconstitutional?
CJ Corona dapat ay harapin muna lang ang Impreachment Trial at patunayan mo na wala kang kasalanan ganoon lang ka simple. Ang Impeachment ay tamang proceso para alisin ka dahil sa paglabag mo sa batas. Obvious naman na maraming ka ng pagkakamali sa mga desisyun na ginawa ninyo sa SC na pumapanig kay GMA. Ang taong bayan ay hindi nakapikit ang kanilang mga mata. O kung di muna kaya
magbitiw ka na lang gaya ng ginawa ni Ombudsman Gutierrez at makakatipid pa ng oras at pera ang gobierno sa inyong mga alagad ni GMA.
History lesson to our generation to come !
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