The Absence of Justice In An Impeachment Court Composed of Senator-Judges: One of the Defects of the 1987 Constitution

The ongoing impeachment trial of CJ Corona borders on being a television legal mini-series and could be considered as a prime time entertainment show, purely for the enjoyment of the viewing public where every players, defense, prosecutors, and senator-judges shows their knowledge and/or versatility in court proceedings and interpretation of the law.

But will the rule of law prevails in this proceeding?

For instance, it’s so nice to see the grandstand performance of the senator-judges in their role as inquisitors, hiding their style of fishing expedition in the guise of finding the “truth” and in the name of “justice.” And whenever they embarked on a fishing expedition, they show that as senator-judges, they lord it over the issue at hand regardless of what the law says, the message they sent is something to be afraid of.

Notably, the battle cry of this impeachment trial by both the congressman-prosecutors and senator-judges is let the “truth” comes out so “justice” will prevail.

But then, is there “justice” in using illegally acquired evidence? Is there “justice” when nobody can object to what the senator-judges is saying and/or doing except his/her co-senator-judges?

More so, will the defendant get justice even if the “truth” of his innocence comes out in this impeachment proceeding that is being simultaneously tried by media in the court of public opinion?

Along this line of thought, we have to ask, who are the judges in this trial?

They are the senators who get their mandate from the electorate. How many among the senators, now sitting as judges, will run again in the coming 2013 election? And even if they will not run in the 2013 election, they still have to face the electorate, one way or the other. Simply put, these senator-judges owe their position from the people!

With this given fact facing the senator-judges and with their constant pronouncements that they represent the people, what will guide them when they cast their votes at the end of the impeachment trial? Will they base their judgment on the rule of law, that is, based on evidences? Or will they be biased in favor of the public opinion that has been created by the media trial?

And with their mindset focused on the premise that they are the voice of the people and personally, as politicians who have vested interest in the power given them by the electorate, it is very difficult to believe that they will uphold the rule of law come judgment day at the end of the impeachment trial.

Clearly, senator-judges cannot be impartial in their judgment of the case. They cannot ignore the public perception and/or opinion. Their being a senator depends on the electorate.

This is the dilemma of CJ Corona, or for that matter any official facing impeachment under the 1987 Constitution, at the end of the day impeachment will be based on the public opinion regardless of what the evidences show

In this case, CJ Corona must sway the public opinion in his favor. But can he match the demolition job of the administration fed in the media for the trial by publicity?

Let us not be too naive, to ignore the truth that this impeachment is a test case between CJ Corona and President Aquino. And this is the reason why this impeachment has the full backing of the present administration.

The propaganda machinery and financial resources of the present administration are being used in this impeachment trial. It cannot be ignored that the propaganda machine of the administration is being used to the hilt for the demolition job against CJ Corona to condition the minds of the people that he is not fit to be the Chief Justice of the Supreme Court.

To this end, the allies of the administration, the 188 congressmen were given the marching order to nail down CJ Corona. And like obedient soldiers, loyal to their superior, these 188 congressmen blindly signed a defectively drafted Articles of Impeachment, which the administration’s senator-judges are fervently trying to prove.

Nevertheless, if by a certain stroke of miracle, CJ Corona is acquitted contrary to the public opinion as fed by the present administration through the media it is a certainty that mob rule will show its ugly head.

At the end of the day, when this impeachment trial is over, we shall come to realize that an impeachment under the 1987 Constitution will:

• Show what kind of Congressmen and Senators we have;
• Jeopardize the banking industry; and in effect
• Adversely affect our economy;
• Cause division among the people;
• Make public opinion prevails over the rule of law;
• Force the senator-judges to use public opinion when they vote; hence
• There is no “justice” in the impeachment under the 1987 Constitution.

Finally, the crucial question we have to ask ourselves is, up until when are we going to use the 1987 Constitution, in spite of its glaring defects in giving us grandstanding politicians who only care for their personal vested interest, a constitution institutionalizing mob rule instead of the rule of law, a constitution sowing disunity instead of uniting the people, and drowning us in the quagmire of economic stagnation and political immaturity, making the Philippines the sick man of Asia?