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Sunday, January 30, 2011

The Impeachment

 Hole of Justice
by Peter G. Jimenea

Discipline by Impeachment

Deliberate or not, the three justices of the Supreme Court (SC) has committed a big blunder that puts their integrity in peril. First is plagiarism, a shameful issue on why the international communities are now looking at our judiciary with disdain.

Next is the creation of the Truth Commission, widely believe in time to keep alive the people's hope to curb the rampant corruption in the government. It could have been a redemption of the judiciary from that shameful plagiarism issue, unfortunately, the SC declared the creation or Truth Commission as unconstitutional.

For the expectant Filipinos, it was a declaration feeding hatred. Even Pres. Pnoy felt betrayed by the SC decision. As most SC Justices are Arroyo's appointees, the junking of the Truth Commission is publicly perceived done to protect the former president and her family from prosecution of graft and corruption cases.
  
The third is worse, the SC reversal of the conviction of Hubert Webb et al, from guilty to not guilty in the grisly Vizconde massacre. The case was decided only after Webb et al, have already spent fifteen years in prison serving life-sentence.

The SC Justices who reversed the verdict claim the testimonies of star witness Jessica Alfaro were inconsistent and unbelievable. In short, they decide on technicalities when the witness detailed testimonies insistently disclosed she was with the group of Webb when the crime was committed.

In fact, the conviction of Webb et al, by the lower court was upheld by the Court of Appeals (CA) due to its trust to the lower court judge who has the wider opportunity to observe, evaluate and appreciate the witness' testimonies during the intensity of Court trials.

Beside which, why did it take that long for the High Tribunal to decide on the Webb et at, case? ART. VIII, SEC.15(1) of the Constitution says that any case or matter brought to the SC shall be resolved within twenty four (24) months. (610 SCRA334) G.R. No. 180764, January 19, 2010.

As convicts are known members of well-off and influential families, it creates a widespread suspicion without affirming the perception that the recent SC reversal of the Lower Court decision and the Court of Appeals resolution is in exchange for..... you know what!
  
Now let's see if Congress can make good its threat to impeach the SC justices who signed for the acquittal of Hubert Webb et al. The same is true with their threat against Omb. Merceditas Gutierrez for entrusting to her underling that provocative letter which took its toll on lives of several Hong Kong tourists in the 2010 Manila hostage crisis.

Like the SC justices, Omb. Gutierrez has her own misgivings. A lot of complaints filed with her office against corrupt government officials were not acted upon for so long a time. Those cases are now filling-up there and as to when will be resolved, only God knows.

This reminds me of a beautiful old song Monalisa.The lyrics tell of men who were obsessed by her beauty. So many dreams had been brought to her doorstep but like the cases filed at the Ombudsman's office, they just lie there and they die there. The reason why I suggest the change of name for the Office of the Ombudsman into The Office of Monalisa!

Both the SC and the Ombudsman have disciplining authority being feared by legal luminaries and politicians alike. Feeling comfortable and untouchable, their offices are now sending us a strong signal that people with money have different treatment than you and me.

I don't think this is what judiciary business is all about. If Congress has impeached the former President of the Republic why can't its legislators push through with the impeachment of undeserving officials at these branches of the government?

The only way to discipline these errant officials is by impeachment. Let's not wait for the restive members of the armed forces to impose their own concept of justice which may be at odds with due process!

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