Fariñas Declaims

Plain View
By ATTY. ROMEO V. PEFIANCO
February 8, 2012, 10:47pm

(Editor’s note: Rep. Fariñas provided a fresh wind in the Senate. Impeachment is both an ordeal and a lesson,  as noted by the author.)

MANILA, Philippines — The impeachment trial has the national newspapers, TV, and radio to bring the proceedings live nationwide. It’s not true only Metro Manila and Luzon provinces have instant knowledge of what’s going on at the Senate from Monday to Thursday of the week since the start of the trial.

Not a dull moment

Last Tuesday, Rep. Rudy Fariñas, as prosecutor, kept alive the proceedings with the most lively and frank opinions on the articles of impeachment. He did not spare the Supreme Court from his lament that “Sila lang ang laging hari and source of ultimate power,” and not the Executive and Legislative Branches.

All smiles

The spectators, members of media, including the senator-judges, were all smiles or laughing. They were ready to give Fariñas a rare applause if the Senate President would allow. There was not a dull second in the impeachment chamber with Rep. Fariñas declaiming on points of law, jurisprudence, and articles of impeachment.

Not a fast reader

Fariñas asked himself why he did not sign the complaint. His valid excuse: “The complaint was signed in a flash by 188 House members,” without giving him a chance to read it. He informed the senators, defense, and spectators that “fast reading” was not one of his bad habits even as a law student. And most of the 188 House members who signed were “definitely fast readers.”

The old order

Let’s turn to impeachment under the 1973 Marcos Constitution.  Its Section 2, Article XIII provides:  “The President, the Members of the Supreme Court, and the Members of the Constitutional Commissions shall be removed from office... for  culpable violation of the Constitution, treason, bribery, other high crimes, or graft and corruption.”

The National Assembly was given the power to initiate it and at least “two-thirds of all Members thereof” was needed to convict.

Votes for KBL only

Before 1984, members of the National Assembly were elected by region, not by district or province. If 15 KBL members filed their candidacy papers in one region, all 15 were elected without opposition.

How could the National Assembly initiate impeachment proceedings without the consent of the Palace? Answer: No way! In 1984, opposition candidates were permitted to run as members of the Assembly who were elected by district. A few opposition members gained seats in a clean election.

Bert Romulo/Justice Palma

Two opposition candidates in QC, Bert Romulo and Justice Cecilia Muñoz-Palma, were elected in near landslide. After February 25, 1986, the Cory Government abolished the Batasan and convened a Constitutional Commission that elected Justice Palma its president.

The Cory Constitution of 1987 revived the democratic government that prevailed between 1935 and 1972.

Erap’s bad luck

This time, the impeachment article claimed a popular victim, President Erap. All those present at the impeachment trial of Corona can still recall Erap’s undeserved ordeal. The trial ended without a true finish. Erap was ousted by protesters numbering about 50,000, and the national population then was 77 M. Erap’s popular votes by the millions were rendered useless by about 50,000 Filipinos.

Erap and FPJ

Erap did not resign (as claimed), did not abandon his elective position. He just ran out of luck.  If the trial was allowed to finish its task, more and more of us believe Erap would not be found guilty. And former President Arroyo would not be under hospital arrest today.

With Erap in the saddle and campaigning actively for FPJ, even on a laundry ticket (to quote Mayor Lacson), overwhelming victory was not far.

A kind of education

The Corona impeachment trial is giving millions nationwide a kind of education and experience people cannot forget  for years.

If Corona does not run out of luck, his ordeal can still blemish the judiciary, down to the lowest judges in the towns and provinces.

It is an experience that can hound other members of the Judicial Branch. (Comments are welcome at roming@pefianco.com).

 

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