[In the Web] Impeachment is a Purging Process


Impeachment of CJ Corona: Act of Tyranny or Democracy? Photo from philippinenewsdaily.com.

By Jose Ma. Montelibano

Philippine Daily Inquirer

Published on December 15, 2011

 

Impeachment is a process provided by the Constitution to remove Presidents and Chief Justices. When an impeachment happens, there is disruption, the kind that triggers dramatic and unexpected change. I am happy that the situation is bringing us towards drastic change. Nothing less can reverse the endemic corruption and massive poverty afflicting the Philippines.

The impeachment of Chief Justice Renato Corona is a welcome development. It affirms that co-equal heads can both be vulnerable to impeachment. Even the bid to impeach P-Noy by a lawyer known to be a Marcos loyalist can remind us that there are crucial unresolved issues concerning that dictatorship and the effort to extract justice for its victims. Corona is seen as a puppet of Gloria Arroyo just as Lozano is to the Marcoses. It is good to see where lines are drawn, where Filipinos can choose to be with or against.

Even more welcome is the first show of support by judges and court employees for Corona. We have paid so much attention to the corruption in the executive and the Legislative over the decades that the corruption in the Judiciary has been put in the back burner. Yet, the view of many Filipinos, if not most, is that the justice system, meaning judges and justices, including the Supreme Court, are themselves badly tainted.

Change can now be focused on the Judiciary as well. That makes all three branches truly co-equal when change can target all of them – especially on the issue of corruption or its promotion and protection. I can remember from my boyhood the accusations and allegations against presidents and senators and congressmen. Well, today offers an opening for change that is rare.

Constitutions do not determine what is right and wrong, human conscience does. Laws cater to what people believe is right and deter what people believe is wrong. Constitutions spring from the aspirations of citizens for security, for justice, for a bright future. What is constitutional cannot veer away from the common good as expressed by the people themselves.

The weakness of the Constitution of the Philippines, all versions of it, is that the majority of Filipinos have never read it, were not party to its formation, and cannot possibly understand the letter of its provisions. The strength of a democracy, however, is not in its Constitution. It is in the value system that is most acceptable or inspiring to the people if such is reflected in the Constitution.

More than laws, it is values that are most relevant to members of a society. It is values that determine daily behavior, and values that dictate collective standards.  From these values are formed the ethics of work, the ethics of business, the ethics of professions.

What is beautiful about impeachment is that it is a political process as much, or even more, as it is a legal one as well. Being political gives Filipinos a chance to participate. If it were just legal, how can citizens get involved? I remember that an impeachment trail was going on and affected Filipinos so much that they took to the streets when they thought that numbers would be more important than what was true, what was fair. Impeachment can lead to people power if it is abused.

There is no Constitutional crisis, only a moral and ethical one. Impeachment is a purging process, and there is so much need for it. Most nations became one and strong because they went through and survived great conflict. This may be our moment.

 

Please read full article at http://opinion.inquirer.net/19203/impeachment-is-a-purging-process

[In the Web] Chief justice impeached for ‘supporting Arroyo’


Titanic clash looms in the impeachment of CJ Corona. Photo from http://globalbalita.com.

Raissa Robles in Manilla
Dec 13, 2011

Philippine Supreme Court Chief Justice Renato Corona was impeached yesterday by the House of Representatives for allegedly issuing decisions favouring former President Gloria Macapagal-Arroyo‘s government.

Corona will become the first Philippine chief justice to face an impeachment trial before the Senate. It will start next year, Senate President Juan Ponce Enrile said late yesterday.
Only 95 signatures were needed.Corona’s impeachment came suddenly when 188 lawmakers in the 287-member House signed the Articles of Impeachment that the house leadership drafted this weekend.

Edcel Lagman, the House minority leader and a loyal ally of Arroyo, branded the move “the mother of all blackmails”. He claimed congressmen were told they would miss out on “pork-barrel” funding for pet projects if they did not back the move.

Arroyo is under guard at a military hospital after her arrest on charges of electoral sabotage. She denies the charges.

Other lawmakers denied Lagman’s claim. Congressman Teodoro Casino said that his militant bloc signed up to the impeachment because “this is an important step in holding [Arroyo] accountable for her crimes against the people”.

Last month, the Corona-led Supreme Court ruled that Arroyo could leave the country despite a travel ban issued by the Department of Justice. But immigration authorities blocked Arroyo from boarding a plane on the orders of the justice department.

Corona warned court employees yesterday of “a secret plot to oust me from office, by any means fair or foul” and promised a fight.

Corona is the third highest official to be impeached, after former president Joseph Estrada in 2000 and ombudsman Merceditas Gutierrez earlier this year.

Animosity between Corona and President Benigno Aquino came to a head last week after Aquino delivered a stinging conference speech moments after shaking Corona’s hand.

Aquino told Corona he was a “midnight appointee”, because the latter assumed office only a week after Aquino’s sweeping electoral victory last year, then detailed a number of decisions Corona made favouring Arroyo.

Corona served as her presidential chief of staff and spokesman before she appointed him to the Supreme Court.

Please read original article posted at http://www.scmp.com/portal/site/SCMP/menuitem.2af62ecb329d3d7733492d9253a0a0a0/?vgnextoid=037a9249b2334310VgnVCM100000360a0a0aRCRD&ss=asia%20world&s=news

[In the Web] Miriam elected judge of International Criminal Court


Sen. Miriam Defensor Santiago elected as one of the 18 jurists of the International Criminal Court (ICC), after the Philippine government has nominated her. Photo from http://www.polbits.com.

By PATERNO ESMAQUEL II, GMA News December 13, 2011 8:16am

Senator Miriam Defensor Santiago on Tuesday was elected judge of the International Criminal Court (ICC), the independent body that prosecutes individuals for crimes against humanity and war crimes.
In a phone interview with GMA News Online, the senator’s media officer Tom Tolibas confirmed that Santiago won in the first round of voting with 79 votes.

She garnered more votes than Trinidad and Tobago’s Anthony Carmona who got 72 votes, according to the Twitter account of the American Non-Governmental Organizations Coalition for the International Criminal Court.

Mas big deal siya kasi hindi siya umabot sa second round kasi she got enough votes na,” Tolibas said.

In August, the Senate approved a resolution concurring with the ratification of the Rome Statute, which provides for the establishment of the ICC, which is based in The Hague, The Netherlands.
Santiago said 117 other state parties are signatories to the treaty.
Under the treaty, the ICC can step in only when countries are unwilling or unable to dispense justice when it comes to the “most serious crimes of concern to the international community, namely genocide, war crimes, crimes against humanity, and aggression,” according to the Department of Foreign Affairs (DFA).
Santiago said there are 18 judges on the ICC, six of whom are scheduled to be replaced this year.

Won’t resign yet

A radio dzBB report said the ICC’s gain may be the Senate’s loss as Santiago had said in October that she has to resign from the Senate and move to Europe.

“I’ll have to resign [as senator]. Isn’t that good news for my enemies? I would have to live in The Hague. I will look like a European and speak like a European and I will be as snooty as a European when I come back,” she said.

Santiago’s term as a senator ends in 2016.

But in an interview with radio dzBB on Tuesday, Santiago said she may still stay for at least one more year before she is called to The Hague to assume her post.
Wala namang conflict of interest. As long as I’m not called by the ICC in The Hague, I shall remain in my present job,” she said.
Santiago, who won a nine-year term as judge in the ICC, said her oath-taking won’t take place until March 2012.
Asked if this means that she can still take part in the impeachment trial against Chief Justice Renato Corona as a senator-judge, she said, “that’s right.”
May masamang balita ako sa aking kalaban. Hindi ako agad aalis ng Pilipinas. Sa March pa ang oath-taking. Kahit oath-taking hindi pa kami maka-report sa korte sa Netherlands,” she said.
Maaring isang taon pa ako rito,” she added.
Santiago said that once she leaves the Senate, her Senate post will remain vacant until the next polls.

[In the Web] Payback time


 

Philippine President Gloria Arroyo administers the oath to her newly appointed Supreme Court Chief Justice Renato Corona at the Malacanang Palace in Manila. Corona is the 23rd chief justice of the Philippine Supreme Court.. Photo from http://gulfnews.com

By Mr. Oldtowner

Former Philippine President Gloria Arroyo is now reaping of what she sow in her 9 ½ years in office. Mrs. Arroyo was charged before a lower court of election sabotage and was ordered arrested in her hospital bed in late afternoon of Nov. 18, 2011. The arrest warrant was immediately served before Mrs. Arroyo could take her move of going abroad. The ex-president is facing various lawsuits.

 

Mrs. Arroyo was accused of big time corruption, election cheating, human rights violations and other anomalies that muddled the whole process of governance. Impunity is associated to the then government of Mrs. Arroyo. Her trusted allies, minions and paid hacks made a killing in defrauding, looting and bleeding the country’s wealth. Allegedly, immoderate greed persisted even in the last days of the term of the Arroyo government.

 

It was like a bacchanalia of anomalies committed. The corrupt system of government affected the very foundation of moral authority usually associated in good governance. All institutions, both private and the public sectors, shamelessly connived with the Arroyo government in changing the outlook of managing the country. The military and police organizations were used in rigging the 2004 and 2007 elections.

 

Political clans and warlords around the country were ushered in to the seat of power to help the Arroyo government of committing more anomalies and human rights violations. The administration created a monster that stirred fear and anxiety. It was like that there’s no end to injustice. The Arroyo government even tried to stay in power by amending the constitution but met with angry opposition from the different sectors of society.

 

Nevertheless, Mrs. Gloria Arroyo finished her term but not without assuring herself of protection from lawsuits. The sly former leader appointed most of the justices of the Supreme Court and without a doubt her appointees’ loyalty were tested during the first few months of the new administration of President Noynoy Aquino.

 

Read full article at http://www.groundreport.com/Business/Payback-time_1/2942648

[In the Web] ‘Aquinorroyo’ Conspiracy?


Aquino and Arroyo: Perhaps not good friends but are they really political enemies? Photo from asiancorrespondent.com.

By Perry Diaz*

Last November 15, 2011, the Supreme Court issued a temporary restraining order (TRO) that would prevent the Department of Justice in enforcing its watch list order (WLO) against former President and now Pampanga Rep. Gloria Macapagal Arroyo. The ruling included three conditions, to wit: (1) Payment in cash of a P2 million cash bond; (2) The appointment of legal representatives, who will receive all legal documents including subpoenas; and (3) Report in person or call the Philippine embassy or consulate office in countries where the Arroyos will travel.

In a statement made to the press, the former First Gentleman, Jose Miguel “Mike” Arroyo said that the Supreme Court ruling was a “triumph of justice.” But the Akbayan Party thinks otherwise. The party’s spokesperson, Risa Hontiveros, condemned the TRO as “a huge disservice to justice” and “a parole before a conviction.”

 

“The Great Escape” foiled

As soon as the news of the ruling was announced, Gloria posted the P2-million cash bond and made bookings for Singapore at 4:00 pm, 5:00 pm, 7:35 pm, 7:55 pm and 9:00 pm. When the Arroyos did not show up, the flights, which were booked with Philippine Airlines and Singapore Airlines, were canceled.

But at 8:00 pm the Arroyos arrived at the Ninoy International Airport (NAIA) Terminal 1 through an ambulance. They were going to take an 8:50 pm flight bound for Hong Kong via Dragon Air when they were barred from entering the gate at NAIA.

 

Mockery of justice

Sad to say, the ripple effect of the TRO is that it sets a precedent that any Filipino who is facing criminal charges but has not yet been formally arraigned in court can leave the country at will. Indeed, the ruling made the Philippine justice system virtually inutile.

The question is: Why did the Supreme Court allow Gloria to travel considering that preliminary investigation is ongoing on six plunder charges and one electoral sabotage case against Gloria? One can argue that Filipino citizens have an “absolute” constitutional right to travel. But the Supreme Court had set legal precedents that the right to travel is not absolute.

 

Legal precedents

In his Inquirer column last November 10, Raul Pangalangan, former Dean of the UP College of Law, said: “To start with, the Supreme Court itself has ruled that the right to travel is not absolute. The Court has upheld the power of the Presidential Commission on Good Government to issue hold-departure orders against ‘persons [who are] known or suspected to be involved’ as Marcos cronies. Yet that power was not explicitly granted in the PCGG’s charter, and was merely implied from its power ‘to conduct investigation[s]’ and ‘restrain any [act] that may render moot and academic, or frustrate or otherwise make ineffectual [its] efforts.’

 

“Political” decision

Given these legal precedents set by the Supreme Court, the question is: Why did the Supreme Court turn a blind eye to these legal precedents and take exception of Gloria?

For one thing, the Supreme Court is stacked with 12 Arroyo appointees, nine of who are perceived to be rabidly loyal to her, including the “midnight” Chief Justice, Renato Corona. Known as “Arroyo Court,” it has consistently issued rulings that were favorable to Gloria and her allies. With the resignation of Ombudsman Merceditas Gutierrez, a loyal ally of the Arroyos and Gloria’s “line of first defense,” the high court is her “court of last defense.” And the recent ruling seems to manifest that.

 

Conspiracy theory
In my article, “Would Gloria come back?” (October 19, 2011), I wrote: “I usually take conspiracy theories with a grain of salt. But there is one conspiracy theory that keeps crossing my mind since the May 10, 2010 presidential election. About two weeks before the election, ‘Aquinorroyo’ started buzzing around in Manila. I ignored it and accepted the results of the elections hook, line, and sinker. ‘No way it could have happened,’ I told my source.

 

Is “Aquinorroyo” real?

Romulus Jove Beltran, a Facebook blogger, said it succinctly: “He [P-Noy] has had enough time to gather all the evidence he needs which is not so hard to do considering that they’re glaring. He’s not making sure of his case if you ask me… the slow pace is deliberate…! And now, Gloria is going to escape because the careful hunter prepared for the hunt much too long…”

Which makes one wonder what is preventing P-Noy from filing charges against Gloria in court? It looks like the “Aquinorroyo” conspiracy is real after all.

 

*Perry Diaz is based in Sacramento, California, United States of America, and is an Anchor for Allvoices.

 

Read full article at http://www.allvoices.com/contributed-news/10885282-aquinorroyo-conspiracy