Saturday, February 4, 2012

Concerns about the Impeachment

Disclaimer: I am only a concerned citizen stating my opinion. I DO NOT claim expertise or whatsoever with what has been presented and heard in the impeachment trial. All is done – or shall I say written - in good faith.


Verdict: Acquittal.

This is the likely scenario the Filipino people will witness at the end of the impeachment trial. This is NOT a bold prediction. I am NOT also saying the SC CJ is in fact not guilty as charged. He MAY be guilty but the burden of proof is proving to be too much of a cudgel for the prosecution to carry.



Why do I think so?

So far, the prosecution has been only showing the public a mere fishing expedition. This is all because of ill-prepared articles of impeachment. If one has been listening to the news about the arguments presented and put some time analyzing things, it can be safely said that the trial is not just going to technicalities but rather exposing the lack of specificity of the charges. Too vague, too broad. Structure-wise in the choice of words, there is no clear pinpointed charge.


Article II charges SC CJ Corona of supposedly culpabable violation of the constitution and/or betrayal of public trust because of non disclosure of his SALN (Statement of assets, liabilities, and Net Worth) but this has been subject to debate on the first days it was presented. Why? Because as per the words, there is no clear specific citing that would tie up the CJ to those stated into the law as violation of the constitution – treason, graft and corruption, other high crimes. What is only a bit clear is that the CJ MAY have committed perjury. But can it be considered as a high crime so as to have it as an impeachable offense? The prosecution can tie up perjury to graft and corruption but can they show convincingly that sources of CJ’s money is from corruption? Did he use public funds? No solid proof has ever been presented. The constitution also offers no clear definition of betrayal of public trust. How about the ill gotten wealth? Maybe a good angle but this can no longer be pursued by the prosecution. Why? This is all because of an ill-prepared complaint showcasing too vague, too broad, disorganized, unstructured statements of charges. (So much so that this angle was seen as merely based on suspicion rather than on facts.)


The present administration SEEMS to be too much in a hurry of running after the former president and her so-called “allies”. Too bad for the public, the impeachment trial is SEEMINGLY being reduced to a practice court, wasting away the public’s time and money. I do have enough common sense to understand that the impeachment complaint lacks structure and organization as to its format and verification. IF CJ Corona is indeed guilty, he may likely get away because the prosecution has been disorganized - in the construction and verification of the complaint and so far, in the presentation of arguments and facts. What is clear to me is that the only significant good thing that will come out of this trial is the clarification of the law because of the many legal memorandum being asked to be submitted. Others worth mentioning: witnessing the senator-jurors’ impartiality and being introduced to the pretty and witty spokesperson for the defense Atty. Karen Jimeno. Not too bad afterall, isn’t it? To end, I am making it clear that I DO NOT claim to be an expert in law. I am not a lawyer. I am just a concerned citizen. I am NOT taking sides. It is not bad to search for the truth but would it be easier if it is done in an organized manner?

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