No Limitation
The people’s comments and why the Impeachment Court should ignore the Supreme Court
By Ted Laguatan“Siguradong limpak limpak na dolyar ang tinatago nitong si Corona!” (“For sure, Corona is hiding tons of dollars.”)
Anthony, a care home owner in the San Francisco Bay Area, home to hundreds of thousands of Filipinos - was reacting to the Temporary Restraining Order (TRO) issued by the Philippine Supreme Court against the subpoena issued by the Senate Impeachment Court on the dollar accounts of Corona.
Thanks to ABS CBN TV, Filipinos worldwide get real time live full coverage of the impeachment proceedings. For sure, the following real comments on the trial are heard globally. These comments express the people’s sentiments. They tell us much.
Here they are:
Comment 1: “Kung walang tinatago iyan, e di dapat matutuwa pa siyang ilabas ang kanyang mga ari-arian at bank accounts para mapakita niya na hindi siya magnanakaw.”
(“If he has nothing to hide, he should be happy to reveal his properties and bank accounts to prove he is not a thief.”)
Comment 2: “Iyong mga nadiscobre na ari-arian at peso bank account niya, milyon milyon na ang halaga, ano pa kaya iyong ibang ari-arian at dolyar na bank account niya na hindi nadiscobre.”
(“Those discovered real properties and peso bank accounts belonging to him already amounts to several millions. . How much more of those properties and dollar accounts not discovered?”)
Comment 3: “Palagay ko napaka daming kwarta at ari-arian pa iyan na nasa pangalan ng mga kamaganak at kaibigan. Madami pang deposito at ariarian sa Amerika at Hongkong. Ganyan ang gawain ng ating mga magnanakaw na opisyales.”
(“I bet he has so much more cash and properties in the names of relatives and friends. He probably has more cash deposits and properties in Hong Kong and America. These are the ways of our crooked officials.”)
Comment 4: “Napakalinaw sa mga tao na ang trabajo noong abugado ni Corona na si tatang Cuevas ay ipagtakpan ang mga ari-arian at mga milyon milyon na salapi ni Corona. Ha-nga rin ako kay tatang dahil matalas pa rin ang utak at dila at maraming ebidensya ng prosecution na napigil niya ang pagpasok. Pero madami pa rin ang mabibigat na ebidensiya ang nakapasok na hindi niya napigilan, kaya patay na si Corona.”
(“It’s very clear to the people that the objective of Corona’s aging lawyer Cuevas is to keep his millions from being discovered. I’m impressed by the old guy as he still has a sharp mind and tongue and was able to keep much evidence from being admitted. But still, much damaging evidence has already been submitted which he was not able to prevent, that’s why Corona is dead.”)
Comment 5: ”Salamat na lang na nandiyan etong mga Senador na gustong ibulatlat ang katotohanan sa madlang tao gaya nila Senador Drilon, Osmena, Pangilinan, Cayetano. Hindi kamukha nila Senador Arroyo, Escudero at Senadora Defensor na ayaw lumabas ang katotohanan.”
(“Thank heavens some Senators want the truth to be revealed like Drilon, Osmena, Pangilinan and Cayetano. Not like Senators Arroyo, Escudero and Defensor who do not want the truth to be exposed.”)
Comment 6: “Sino pa ba naman na tao na matuwid ang isipin ang mag gugusto pa na magtuloy na Chief Justice si Corona? Bistado na ang kadiliman ng kanyang kaluluwa?”
(“Which person with an honest mind would still want Corona to continue on as Chief Justice? The darkness of his soul is now exposed.”)
Comment 7: “Napakalinaw at napakagarapal ang kalokohan na ginagawa ng mga Justicia na ka tropa ni Corona. Gusto nilang huwag mabulgar sa mga tao ang katakot takot na kinurakot ng kanilang hepe. Kung ano anong rason ang binibigay kung bakit daw hindi puedeng ilabas ito kaya nag labas ng TRO. Maloloko ba naman nila ang mga tao.”
(“The wrongdoings of these crony Justices of Corona are quite clear and blatant. They want to hide the enormous amount of corruption money their chief took. They give all kinds of reasons why these cannot be revealed and issued a TRO. They cannot fool the people.”)
Comment 8: “Tama itong si Congressman Farinas. May yagbols ito. Sabi niya dapat inbestigahin at impeach din iyan mga Justicia na iyan. Mamahalin siya ng taong bayan pag mangyari iyan. Kailangan na talagang linisin ang ating bayan. Kawawa ang mga Pilipino na talagang sobra nang naghihirap dahil sa kurakot.”
(“Congressman Farinas is right. He’s got balls. He said these Justices should be investigated and also impeached. The people will love him if this happens. It’s really time to clean up the country. Pity Filipinos who are really suffering much because of corruption.”
Comment 9: “Gusto ko talagang ma-impeach si Corona pero sa palagay ko baka hindi mangyayari. Pinapag-aralan ko iyong mga Senador at ang tingin ko may apat dito na kampi kay former President Arroyo at iyong ibang apat pa ay may galit kay Aquino o di kaya malamang mainganyong sumama sa campo ni Arroyo.”
(“I really want for Corona to be impeached but it might not happen. I’m analyzing the Senators and I think four of them are on the side of former President Arroyo and another four either have axes to grind against Aquino or else might likely be persuaded to join the Arroyo camp.”
Note: Two comments were made that were not supportive of impeaching Corona but not because they like Corona. One was made by a Villar supporter in the last elections, the other a relative of a corrupt official. Their comments:
Comment 10: “Bumabawi lang iyan si PNoy dahil tinangal sa pamilya niya iyong Hacienda Luisita.”
(“PNoy is doing this (impeachment) for revenge because Hacienda Luisita was taken from his family.”)
Comment 11: “Sa talaga, lahat naman ng opisyales sa ating bayan gumagawa ng kwarta, pabayaan na natin itong impeachment na ito.”
(“Anyway, all the officials in our country are making money, let’s just forget this impeachment thing.”)
Aside from the Supreme Court’s (TRO) against the Impeachment Court’s subpoena of Corona’s dollar accounts, Corona has also requested another TRO – requesting that the impeachment trial be stopped. The request is still pending.
Should the Senate Impeachment Court obey the Supreme Court?
Here’s my take on this:
The rational for the Constitution instituting a Senate Impeachment Court is to provide a mechanism to remove certain high ranking officials such as the President, Vice President, Supreme Court Justices, etc.
No other entity is given the authority or power of trying specified officials to remove them from office except the Senate Impeachment Court.
It should be obvious and logical that the Supreme Court should not have the power nor authority to order or tell the Impeachment Court what to do. Otherwise it would be superior to the Impeachment Court. The Justices might as well do the impeachment trials for the specified officials themselves if they have this power or authority since that would mean that they have the final say. This is not what the Constitution intended.
By issuing a TRO against a subpoena order of the Senate Impeachment Court, the majority of Justices show: no respect to the Senate Impeachment Court, no respect to the Senators, no respect to the people and no respect for the Constitution. Again, seven Justices have shown their propensity to engage in judicial abuse and tyranny. Ironically, an eight Judge is an Aquino appointee. Either he has joined the cabal of conspiring Arroyo appointed Justices for whatever reason or genuinely believes that the Supreme Court can order the Impeachment Court on what to do and that it is justified in doing so.
In good faith, Presiding Senator Juan Ponce Enrile and the Senator-Judges have shown respect for the Supreme Court as an institution. They denied the prosecution’s request to subpoena four Justices. They could have if they wanted to – but out of sensitivity and notions of equality of powers principles, they decided not to. Apparently, the Senator-Judges showed respect to the Justices but eight Justices did not show respect to them. Five dissenting Justices did.
The eight Justices are not dumb. They know that if Corona’s dollar accounts were exposed, the likelihood is that it might show hundreds of thousands of dollars from unexplained sources including the $700,000 from one account alone as claimed by the prosecutors.
As Justices, one would think that of any group of people, they should be the ones most concerned about the truth and about having a squeaky clean Chief Justice with unquestionable integrity. They owe this to the people, to themselves and above all – to their Creator.
And if Corona were in good faith, he should have been the first to stop his colleagues from issuing a TRO. He should have in fact insisted that his dollar accounts be revealed to prove his innocence.
The Impeachment Court should absolutely ignore the orders of the Supreme Court – whether it is the TRO on revealing Corona’s dollar accounts, an order to stop the impeachment trial of Corona or any other order. The Senators should not even consider filing a Motion to Reconsider. Doing so means recognizing and accepting that the Supreme Court has authority over the Impeachment Court.
There is no constitutional crisis involved here. These unpalatable orders issued by eight Justices, if obeyed, effectively protects Corona’s dollar accounts from exposure concealing high crimes against the people. The Supreme Court exists primarily to protect the interests of the people – not that of an alleged erring Chief Justice facing impeachment. It is of paramount importance to the nation to have a Chief Justice with unquestionable honesty. He sets the example for all the Justices and judges. Disobeying the eight Justices in this situation is not the same as disrespecting the Supreme Court. It is right to disobey an order when it is immoral. Moreover, the Supreme Court has no legitimate authority over the Senate Impeachment Court.
What will the Supreme Court do if the Impeachment Court disobeys? Hold the Senator-Judges in contempt? Who will arrest the Senators? The bailiffs? The police? The sheriffs? Not any of these will happen? So much for all of these undefined warnings about Constitutional crisis issued by some alarmists.
Finally, Arroyo and Corona supporters rant that revealing Corona’s peso and dollar accounts would cause a bank run. Obviously, by using this fear mongering tactic and playing on public anxiety, they hope to keep Corona’s dollars from being revealed. But – why should a depositor be concerned when there is no case against him? Neither the government nor the bank is about to take a depositor’s money without a court order.
In the U.S. and other advanced nations, bank secrecy laws are tempered by reason and sound public policy. When criminal activity and/or public interest is involved, reason dictates that bank accounts be revealed. In fact, The Philippine Money Laundering Act of 2001 already provides for revealing questionable deposits. Are the majority of Supreme Court Justices being iintentionally ignorant of this law? The Senator-Judges should use this law to effectively force Corona to reveal all of his accounts – dollars or otherwise.
Note: San Francisco based Atty. Ted Laguatan is honored by the California State Bar as one of only 29 US lawyers continuously certified as Expert-Specialists in Immigration Law for more than 20 years. He also does human rights and complex litigation cases involving accidents and wrongful death. Tel 650 991- 1154 email laguatanlaw@gmail.com
More from this Blog:
- China is testing Filipinos’ determination to defend against intrusion
- Driving through miles of American back roads
- In the end only one thing counts
- Corona trial relates to the just war against corruption
- The people’s comments and why the Impeachment Court should ignore the Supreme Court
Recent Stories:
Tags: Corona Impeachment , Government , Judiciary , Politics , Renato Corona , Supreme Court , US
