People vs Supreme Court

The battle lines are drawn and unless someone blinks, the clash seems almost inevitable. Not just between the legislative and judiciary, Corona and the Impeachment Court, the defense and prosecution teams but most of all Juan de la Cruz versus the Supreme Court. The recent TRO issued by the High Tribunal to stop the opening of Corona’s dollar accounts has pushed the nation to the brink of a constitutional crisis. To what end?

The citizens know instinctively what the lawyers don’t seem to get: even with a not-guilty verdict, the Crown cannot be saved. In a recent speech to the IBP, Corona pontificated, “The prestige and stature of a member of the legal profession must be matched by a solemn commitment to be a guardian of truth and rule of law. At the heart of every lawyer’s mandate is the trust of the people because lawyering is, more than anything else, a public service...”

Edifying sound, all sound. If Corona truly believed his words, why not be totally transparent? Why obstruct to buy time, if there is nothing to hide? The mere act of seeking relief from the Home Court to keep his dollar accounts secret is already a smoking gun. The eight Justices who voted for the TRO cast a shadow of doubt on themselves too. Do they have skeletons-in-their-closets?

The raging debate is intriguing not so much in substance but in who-is-siding-with-whom. The known Arroyo allies, long ago dismissed as jokers and screwballs, are predictably asking the Senate to respect the TRO. But is esteemed constitutionalist, Fr. Joaquin Bernas SJ, seemingly supportive of Corona? What a letdown. He declares that the Constitution tasks the SC to intervene in cases of grave abuse of discretion concerning any branch of government. Harry Roque demurs that any abuse has taken place and alludes to the Bernas-connection with Lulli who is married to his nephew.

CBCP president, Archbishop Jose Palma counseled the Senate to obey the SC decision. In a radio interview Palma said, “There is a law [on the] secrecy of dollar accounts. I’m sure the Senate President will not give in; anyway…we leave this matter in the hands of the senators. We are not siding with anyone… Let’s just trust and respect the process”. CBCP assigns the best move regarding Corona’s dollar accounts to the Senate.

Bishops Deogracias Iñiguez and Arturo Bastes hope the trial continues because the truth of allegations against Corona will help the country.

Archbishop Ramon Arguelles believes the hearings should stop and charges of corruption resolved in another forum [maybe hell?] “…to save the country from institutional disaster…many leaders should be saved from this embarrassing situation”.

In the same breath he opines that if Corona were proven guilty, “he should be barred from government positions for good. All the others similarly guilty must also be prosecuted, jailed and kept from further corrupt practices. The nation will then be saved from unscrupulous politicians.”

The muddled Church position seems bereft of guidance from the Holy Spirit. As long as it’s not about the RH Bill, the Church seems willing to “render unto Caesar that which are Caesar’s...”

Sen. Franklin Drilon has a clear-cut opinion. He said that if it cannot be investigated, any corrupt official could just put their money in dollar deposits to escape scrutiny. Many share his sentiment. He added that, “Senators could comply with the TRO and still question the high court’s jurisdiction over the impeachment court.”

Former Solgen, Frank Chavez, suggested that the Senate file a manifestation to tell the High Court that it has no jurisdiction over the impeachment court. He pointed out that this was created under Article 11 of the Constitution (the accountability of public officers), and not Article 6 (the legislative department), indicating that the intent of the framers was to separate its functions to legislate and try impeachment cases. What does Bernas say to this?

Chavez also said the “legal fortress” around the Foreign Currency Deposit Act was not “absolutely impregnable” as in Salvacion vs Central Bank, where the Tribunal granted exceptions to the confidentiality of foreign currency deposits because of compelling circumstances that provide exceptions to the rule.

He warned against possible chaos if Corona were convicted and he runs to the SC for an acquittal.

The Gloria Panagutin! Movement declared the TRO an assault on the “pursuit of truth, justice, and accountability of public officials…of blatant maneuverings by Corona and his SC allies to sabotage the efforts to uncover the truth...”

Rights lawyer Edre Olalia said “The injunction may even portend what is arguably the start of a creeping intervention . . . not only on other issues in the impeachment trial but eventually the whole process itself.”

True enough, last Sunday, the Defense Team called a presscon to accuse Malacanang of bribing the Senator-Judges P100 M each for a conviction, a charge that was categorically denied. It seems to be another hysterical and desperate insinuation like the one Serafin Cuevas made and recanted about being pressured to quit. Does INC condemn lying or just being caught lying?

Is the Defense laying the groundwork for protesting a guilty verdict? Are they trying to move the trial to a friendlier venue? The brazenness of Coronarroyo’s cabal never fails to amaze, ever-reeking of impunity. Their machinations are as unsubtle as they are unnerving.

By now the Senate caucus to decide the next moves would have been done. There is no crystal ball to predict the outcome. But to quote Austin O’Malley, “the Devil is not afraid to sit on an altar”. There are many enemies of the straight and narrow path to a just society. Some wear robes.

Take comfort in the wisdom of Mahatma Gandhi. ”When I despair, I remember that all through history the ways of truth and love have always won. There have been tyrants, despots and murderers, and for a time they can seem invincible, but in the end they always fall. Think of it — always.”

This Valentine’s Day, may love for country triumph.

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