Post script

With the sense of legal finality and telenovela closure provided by last Tuesday’s historic verdict, the impeachment trial of Chief Justice Renato C. Corona has come to an end. As I commiserate with the many who were glued to the five-month legal drama and now suffering from withdrawal symptoms (my own mother included), two American aphorisms come to mind: “It’s all over but the shouting” [although in this case, it is all over but the kibitzing (by people like me) is probably more appropriate] and, “Monday-morning quarterbacking.” The latter phrase refers to the practice of many armchair analysts second guessing the supposedly wrong moves made by the quarterback (or coach) of the losing team the day following the Sunday night football game. Hence this phrase has been used to describe someone who questions (usually criticizes) the decisions and actions of other people after something has happened.

Obviously it is easier to sit in an armchair and kibitz as opposed to actually entering the impeachment arena and exposing one’s self to embarrassment and ridicule brought about by the verbal skirmishes with the lawyers and senator judges. Not many will welcome the pressure of conducting extensive research, preparing lengthy pleadings to meet trial deadlines and then face intense grilling amidst the spotlight, knowing that millions are watching your every move. Even the legal virtuoso, Justice Serafin Cuevas, was stumped and transported back to his law school days when made to recite by Professor Enrile on the Roman Law concepts of dolo and culpa.

Yet we engage in the exercise of “Monday morning quarterbacking” not to find fault from the past but to learn lessons for the future.

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To my mind, the most important legacy of the impeachment trial is the fact that it went the distance or “the whole nine yards” which is another famous American phrase whose origin has been described by Wikipedia as the “most prominent etymological riddle of our time.” What had been started, was finished. For the first time in the nation’s history, a verdict was handed down by the Senate impeachment court — one that seems to have been generally accepted by the people. This not only proves that the checks and balances enshrined in our Constitution actually work but manifests our adherence to Constitutional processes as well the slowly yet surely evolving political maturity of the nation.

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Outstanding performers: There were three outstanding performances during the trial. The presiding officer, Senate President Juan Ponce Enrile, should be lauded not only for the orderly conduct of the proceedings but also for the kind yet firm treatment he accorded the Chief Justice. He was kind in allowing him to testify essentially uninterrupted for three hours. He also gave him sufficient time to recuperate from his hypoglycemic attack. But he stood firm when he ordered the closing of the Senate gates amidst the possibility of a walkout and by commanding the respondent to return to the impeachment court within 48 hours or else face the consequence of having his entire testimony stricken off the record.

Another notable performer was the presiding officer’s fellow octo arts talent, Justice Cuevas. Notwithstanding his wise years, his mastery of trial technique and the rules of evidence is simply amazing. He continues to think quickly on his feet and not easily fazed. And even when he is fazed (like when Senator Enrile asked him what damage or injury will result if a public officer discloses his dollar deposits), he still manages to mumble what sounded like an intelligent answer (in that case it was vitiated consent.)

But the star of the show was Ombudsperson Conchita Carpio-Morales. It was her telling testimony, polished presentation and distinguished demeanor that turned the tide and saved the day for the prosecution. Indeed her unexpected appearance was the trial’s turning point as it forced the Chief Justice to testify and eventually admit to the $2.4 million and P80 million bank deposits. After that damming revelation, the pieces of the prosecution’s puzzle fell into place.

As an aside, who would ever think that Joker Arroyo would be voting with Ferdinand Marcos’ son and namesake?

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Next steps: The President has said that the impeachment trial is but part of a grander plan to instill greater transparency and extract higher accountability among public officials in government. But much work remains to be done. The spring cleaning has to continue. Greater political will will need to be exerted. And not just in the Judiciary but in the other branches as well including our local government units.

In this regard, the Supreme Court did the right thing in reversing its 20 plus year old policy of keeping confidential the SALNs of members of the Judiciary. It is true that releasing this information may subject the latter and their families to increased security risk. But that is part of the price one pays for being in the public service. And after all, it is the same price that other government employees in the other branches need to pay as well.

It remains to be seen what the Ombudsman will do in respect of the pending complaints filed with her office against the former Chief Justice. With the latter’s public waiver of confidentiality over his bank accounts, nothing stops her now from requesting information directly from the banks. She should pursue and finish the investigation if only to prove or disprove the veracity of the AMLC report. This will also show everyone whether the waiver was an act of genuine transparency or merely theatrical showmanship.

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Greetings: 27 and 1/2 years birth anniversary best wishes to the Fernan twins — Marget F. Villarica and Maur F. Ledesma. One of the privileges of having a twin is that you can get to count your age and then divide it by two.

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“I criticize by creation, not by finding fault.”   — Cicero

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