Category: impeachment

the sereno shebang

read raul palabrica’s Ominous precedent in the hight court, narciso reyes’s Supreme Court quandary, rene saguisag’s …cost of judicial independence, jose sison’s Wrong move, ana marie pamintuan’s Shortcuts, and elinando cinco’s If the impending Sereno impeachment were a new- product launch, it sorely needs industry endorsements.

clearly, the solgen’s  big idea (or was it the speaker’s) of asking the supreme court to remove cj sereno from her position via a quo warranto proceeding instead of letting her go through an impeachment trial is actually a very bad idea.

hindi bale sana if the supremes had stayed above the fray, distanced themselves from the lower-house impeachment hearings, as behooved them.  then it would be a different story, then we would not be under the impression that the supremes would kick her out in a heartbeat if it were up to them, and that’s not fair.  sereno deserves to be heard, must be given the opportunity to respond to accusations in the proper court, that is, the senate trial court.  she was right to stay away from the snakepit, the cesspool? that is the lower-house.

hindi rin bale sana if we were not under the impression that the case against the chief justice is weak, or why else did the honorable reps need some seven months, over some 15 day-long hearings, to come up with something, anything, as in, best efforts ang peg? anyway it’s more a political rather than a judicial matter, the senate sitting as an impeachment court cannot NOT take into consideration that very powerful ones in the  duterte admin want her out, full stop? by hook or by crook? no ifs or buts?

the “honorable” reps should stop appearing on tv, trying to convince us that the chief justice is as bad, as evil, as corrupt, even, as crazy, as they are, i mean, as they say she is.  and media peeps should stop giving them airtime.  they’ve had seven months.  it’s the cj’s turn and we badly want to hear her defense, yes?

tama si cj,  tapusin ng congress ang sinimulan nila.  wag tayo pumayag na basta na lang sipain ng supremes si sereno.  we need to hear her side, so we can all make up our minds who and what to believe.  they made us suffer through 7 tortuous months of lower-house hearings, we deserve the closure that a senate trial will bring, whatever the outcome, for good or ill.

at the moment i’m not sold on the notion na walang panalo si sereno.  na kahit hindi pa siya ma-convict sa senado di na siya makakabalik sa supreme court, that the damage to the institution would be reparable only if given a fresh start, without sereno.  yeah, right, armed with a whole new set of precedents to judge by, how fresh is that.

of course the supreme appeal of the quo-warranto scheme was that it would save the lower house from the hard work of  prosecuting the case vs. sereno in the senate.  it would seem, however, that the “honorable” ones have recovered from that moment of weakness.  the news is that former senate prez juan ponce enrile himself, who supported the midnight appointment of, then presided over the trial court that impeached, corona has joined the prosecution panel, woohoo, let the games begin.

from cj puno to cj sereno #lookback

cj sereno’s quick rise to the judiciary’s highest post in 2012 was far from auspicious, coming as it did on the heels of the ignominiously controversial impeachment and conviction of her immediate predecessor, cj renato corona, in 2011.

and then, again, the reverse might also be true:  that pNoy’s appointment of sereno was auspicious because it was a matter of righting a wrong — the corona appointment by outgoing prez gloria arroyo was a (post)midnight appointment, expressly prohibited by the constitution; it was for incumbent prez benigno aquino III to appoint the replacement of cj reynato puno who was due to step down may 17 2010.

(Article 7, Section 15) “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”

katatapos ng may 10 2010 elections, obvious winner na si pNoy, pero presidente pa si gloria, when on may 12 she appointed corona sc chief justice — ni hindi pa bakante ang posisyon — with the backing of the puno supreme court, no less (even if puno himself abstained), and some very powerful figures in legal and political circles.

it was the culmination of a scheme initiated as early as december 2009 by arroyo diehard, rep matias defensor, so the backstory goes.  read marites danguilan vitug’s Inside the JBC: The appointment of the Chief Justice in 2010.  

Those who rallied for the appointment of a Chief Justice despite the ban during the election period stood on shaky ground. Their main argument hinged on an imagined scenario that revolved on a forthcoming novel experience. With the country’s first-ever automated polls, they foresaw confusion and a deluge of election protests that would eventually reach the Supreme Court. It was important, therefore, to have a Chief Justice to preside over the resolution of these contentious cases.

more than a decade earlier, says marites, cj andres narvasa was faced with the same kind of pressure but he withstood it.

Chief Justice Andres Narvasa refused to convene the JBC to fill up a vacancy on the Court because it fell during the appointments ban. He fiercely stood his ground despite pressure from Malacañang.”

unfortunately, cj puno was (is?) made of different stuff.

In March … In a 9-1 vote, the Court decided to exempt itself and the rest of the judiciary from the appointments ban. President Arroyo could appoint the next Chief Justice.

so accommodating of cj puno, diba? making an exception for arroyo, on such flimsy grounds, when an acting chief justice would have done as well during the transition.

what if

what if puno had done a narvasa instead.  what if he had stood firm about following the constitution?  he would have saved nation the aggravation and expense (!) of the corona impeachment and trial and, even, this whole sereno shebang.  i guess it tells us whose side former cj puno was really on then, and whose side he’s really on now, as he shepherds the crafting of a draft constitution.  (gma, is that you?)

matakot tayo.  magtanong tayo.  ano ba talaga ang agenda ni ex-cj puno?  who / what convinced him to be part of this scheme to sell charter change and federalism as the solution to all our problems, which are legion and complicated.  does it not bother him that many think him a sad sell-out?  is he?  pa-executive session executive session pa ang consultative commission (just heard it on dzmm).  what’s all the secrecy all about?  what do they think they’re cooking up.  other than more chaos and anarchy, mabuhay ang elite rule?

what if cj puno had insisted, first, on an intense multi-media information campaign, and shown some semblance of taking the time to listen to and discuss with the people.  twould  be great to have a national conversation about this.  and it’s what we need.

but back to cj impeachments  

if puno had not played along with arroyo, and if arroyo had not appointed corona cj when she did, then pNoy would have had to choose from a list that could not have yet included sereno dahil i-a-appoint pa lang niya ito as associate justice in august 16 2010.

malamang ay napilitan si pNoy to choose from the eminently more qualified and next-in-line, and the supremes might not now be so restive and vulnerable to political nudges from left right and center, what a shame.

which brings me to the 2012 sereno appointment and the perception that it was a good, an auspicious, beginning, because a matter of righting a wrong.  i have a real problem with this.

the wrong done was the midnight appointment, the wrong was done by president arroyo with the complicity of cj puno and the supremes.  BUT the wrong found and for which corona was punished — undeclared wealth — had nothing to do with the midnight-appointment itself that was a brazen violation of the constitution.

bakit ganoon ang nangyari?  because no one dared take gma to court?  or it was easier, took less courage, if a lot of money, to find fault with corona, anything that would get him out of the way?

in my final analysis, corona was faulted and removed for accepting the arroyo appointment — he could have said no, it was against the constitution, he’d take his chances with the new prez.  ironically enough, sereno too might well be faulted and removed for accepting the aquino appointment — she could have said no, she was too young, she had no court experience.

neither anticipated that their SALNs would be under scrutiny.  after all, according to senator rene saguisag who helped craft the law, violation of the SALN law was NOT an impeachable offense until the enrile senate sitting as an impeachment court dared declare it so in the 2011 trial.

in any case, pareho lang si corona at si sereno, it would seem.  and she, too, deserves her day/s in court, let the chips fall where they may.

at itigil na please ang quo warranto eklat na iyan, mr. solicitor-general.  nagmamalinis naman masyado ang duterte admin.  after six months of impeachment hearings in the lower house that practically tore apart the cj, let s/he who is without sin cast the next stone.  i would so like to meet him  and shake his hand.

andy’s endgame

wednesday morning he said he was resigning as comelec chief, effective end of the year.  medyo nagulat ako, sabay mabuti naman, he should have done it (as advised) two months ago, faced tish’s charges squarely, or better yet, settled with her, never mind defending the “integrity” of the 2016 elections.

wednesday afternoon he was impeached by congress anyway.  the plenary overturned the justice committee’s dismissal (insufficient form) of the complaint against him; many more reps signed it instead, along with the original 3, finding the charges serious and deserving of a senate trial.

nagulat uli ako, sabay salamat naman, let it be on record that he was impeached, never mind that he had promised to resign.  because that’s all it is, a promise to step down come dec 31.  but what if he doesn’t, say ni rep gwen garcia, what if he waffles and changes his mind about resigning?  indeed.  despite his sweeping denials of any wrongdoing, the comelec chief has lost some / a lot of, if not all, credibility.

Bautista said that he wanted to give the President time to choose a new Comelec chairman and effect a smooth transition.

At the same time, Bautista said that he has still a commitment to fulfill as chairperson of the Association of Asean Electoral Authorities in a scheduled meeting with his counterparts to be held in Cebu in December.

umm.  seeing as he is resigning under a cloud of shocking allegations, among them serious questions re the conduct of the 2016 elections, and seeing as he has been impeached by congress to boot, why would he still deserve to chair, and host, that ASEAN electoral authorities affair?

“Kung makahanap sila o kung gusto nila mas agahan yung aking pagbibitiw, walang problema basta lang maayos ang transition,” he said.

clearly andy would rather not step down until duterte has appointed a new comelec chief.  i suspect that there’s stuff he needs to formally turn over, such as contracts maybe that he has signed, maybe with the likes of smartmatic?  sabay dasal, or demand? that these be honored by the new chief?  or else, what?  this may have been the topic of conversation when andy met with executive sec medialdea oct 10.

interesting endgame.  the next move is the president’s.  the palace has already distanced  from the impeachment.  but not from the resignation.

KIT TATAD: In Bautista’s case, since he had already decided to resign, DU30 could simply supply the immediate effectivity of his resignation. This would render Bautista immediately vulnerable to criminal prosecution, in relation to various questionable transactions during the last presidential elections, and, in particular, his estranged wife Patricia’s allegation that he had amassed over P1 billion in unexplained and undisclosed wealth during said elections, which he hid in 35 separate bank accounts in a rural (thrift) bank.

But the more important point is that it would give DU30 a chance to name a new Comelec chair through whom he could either reform the electoral system or control it for his own ends. Given his autocratic bent and tendency to exploit every opportunity to extend his power, he could indeed use Bautista’s replacement for his own political ends; but given the huge outcry against our thoroughly corrupted automated electoral system, which has given us so many illegitimately elected officials in 2010, 2013 and 2016, he just might allow the reformist groups to put in their desired reforms for the 2019 and 2022 national elections.

who knows, duterte might still surprise us.  though it would be surprising as well if he allowed the impeachment to proceed.  say ni harvey keh in a public status sa fb:

To Comelec Chair Andy Bautista, some unsolicited advice: Now that our disgusting members of Congress decided to impeach you, I suggest you now withdraw your resignation letter. Tang Ina, ilaban na natin ito.

We only need 7 votes in the Senate to win this, lets push back and push hard to show this administration that it can’t mess with the Filipino people. #LabanAndy

a full-length impeachment trial, yung hindi mapuputol, yung wala nang resignation come dec 31, yes, please.  otherwise mabibitin masyado ang taong-bayan, and who knows where we might end up.

andy bautista wins? who loses?

interesting that it is pro-duterte peeps who are protesting, questioning, criticizing the dismissal of the impeachment complaint vs comelec chief andy bautista, yet it is also the pro-duterte majority in the house of reps justice committee that dismissed the complaint on mere technicalities re sufficiency in “form” because, you know, they have to be strict and follow the rules daw; and yet they refused to entertain a correction of the form (which is NOT disallowed) and at once dismissed the complaint even when the rules entertain a dismissal only upon a finding of insufficiency in “substance.”  check out rules of procedure in impeachment complaints, rule iii, section 4, 17th congress.

the big surprise, however, is representative edcel lagman, who is known to be an oppositionist — he is against the drug war, voted against the death penalty, martial law in mindanao, and the CHR budget cut — but who belongs to the super majority pala. he voted, too, to dismiss the case.

Opposition Rep. Edcel Lagman, one of those who supported the dismissal of the case against Bautista, said there is no rule allowing a complainant to amend his verification and his complaint.

He said the attempt of Paras and Topacio to present an amended verification “clearly shows that the original was defective.”

to think that rep. edcel is a member (for the majority) of the committee on suffrage and electoral reform.  is this a portent of things to come?  we will never know if our votes are being counted correctly?  we will always be under the thumb of the likes of bautista (and smartmatic and their cohorts in congress) whose integrity and love of country are under such heavy clouds of doubt?

the andy bautista issue is a unique one that divides the body politic along different lines from the drug war.

the dilawans, of course, are happy about the junked impeachment complaint.  it means that leni is safe.  imagine nga naman:  if, when, andy is impeached, who knows what evil magic a duterte-appointed comelec chief might wreak in aid of bongbong’s claim to the vp seat.  kahit pa sabihing nasa supreme court na ang kaso, we all know how the system works for ones who are powerful enough.

the duterte diehard supporters in congress, of course, are also happy about the junked impeachment complaint.  it means that andy owes them big, and it means that the very crucial plebiscite on charter change for term extensions and economic liberalization, not to speak of federalism, would happen under andy’s watch, with smartmatic pa rin kaya?

which is to say that the duterte camp is clearly divided.  baka wala pang memo from the palace?  or is this one issue on which they will remain divided.  right now it’s social media ka-DDS vs. the house of reps ka-DDS.  the lines are drawn, the battle is joined.

but wait, there’s hope.  rep harry roque says that the House plenary can still override the justice committee’s decision.  hmm.  kailan iyan?  automatic ba iyan, magaganap within a certain number of days?  or will it be the call of majority leader dear rudy fariñas who is said to be, like the dilawans, afraid that impeaching andy means that leni will likely be replaced by bongbong.  he is also said to be of the belief that if not impeached, andy will resign of his own accord.  magugulat naman ako masyado.

a plenary would be good.  and when the reps vote, dapat ay nominal voting, one by one, let the records show who is for what!  itigil na iyang hiding behind viva voce!

and just in case fariñas won’t do a plenary…  if he does, then just in case the plenary lets andy off the hook…  ngayon pa lang, i’m thinking civil disobedience.  why should we vote when we don’t trust the people behind the machines that will be counting our votes?  what if they held elections and nobody came?