Espinoza: Strengthening the judiciary

Wednesday, January 18, 2012

PEOPLE have been glued to their television sets since Monday when the impeachment trial of Supreme Court Chief Justice Renato Corona started.

Impeachment is a democratic process enshrined in our Constitution to hold certain high public officials accountable for their deeds. Watching the proceedings is therefore a must.

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The impeachment proceedings involving Corona should not, however, be confused with or misunderstood as an indictment of the Supreme Court or the judiciary as an institution.

The charge is only against Corona. The House of Representatives impeached Corona late last year on eight counts of culpable violation of the Constitution and corruption.

Corona’s impeachment is not the “death of democracy,” as his rah-rah boys put it. Instead, it will strengthen the independence and effectiveness of the judiciary as an institution.

The temporary restraining order (TRO) that the Supreme Court issued, allowing former president Gloria Macapagal-Arroyo to leave the country to seek medical attention even if charges against her were being prepared, triggered Corona’s impeachment.

Although the issuance of the TRO was a collegial decision of the Supreme Court members, Corona, as chief justice and ally of Arroyo, bore the brunt of blame for it.

Freedom of speech is a right that can be availed of by everyone. But Corona’s speech during a rally by his supporters last Monday was uncalled for because the impeachment trial was about to begin then.

The discourse before his cheering crowd, wherein he said that he has not sinned against the President and against the people, and that he has not stolen from anyone, was simply mislaid. Those were better said when his time to testify comes.

Senators, by nature, are politicians, but I trust that, in their capacity as magistrates in this impeachment trial, they know well right from wrong.

The senators are also honorable men and women. It was preposterous, therefore, for Corona to attempt to preempt the minds of the good senators in his speech.

We noticed that the fight in this impeachment trial is not only between the prosecutors on one side and Corona and his defense lawyers on the other but also between the supporters of both sides.

There were exchanges of inflammatory language between the camp of Corona and the pro-impeachment groups led by militants.

A lady supporter of Corona, in a TV interview, called President Noynoy Aquino a bully president. That’s something that, I believe, everyone hopes P-Noy will become so he can instill discipline in the nation.

But some civil society groups are openly asking Corona to step down while others want him convicted of the charges.

Prior to the start of the impeachment trial, there were speculations that Corona might step down, just like what former ombudsman Merceditas Gutierrez did, to avoid embarrassment.

Cebu City Regional Trial Court Judge Meinrado Paredes even suggested that, to save the chief justice from embarrassment, he should step down.

Integrated Bar of the Philippines Cebu City chapter president Earl Bonachita also urged the chief justice to take a leave of absence to work on his defense and not use the judiciary as his veritable shield.

Whether Corona will step down as chief justice or not, the decision is his only. Be that as it may, let us respect the impeachment process so that our democracy will be strengthened and our judicial system will be improved.

(elespinoza53@yahoo.com)