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Friday, August 12, 2005
Speak out: Arroyo as 'switik'
By Valentino L. Legaspi
President Arroyo is a switik. A switik, when caught cheating, admits and belittles the offense but nevertheless asks for forgiveness.
Arroyo is the second person to become president in violation of the Constitution. That she can only be removed by impeachment smacks of hypocrisy.
For what Constitution was observed when she took oath to an occupied position?
President Estrada, whom Arroyo replaced, was tried in an impeachment proceeding by the Senate but was not convicted when prosecutors walked out of the hearing.
Due process was violated when the very same Supreme Court chief justice who presided at the trial administered Arroyo’s oath as president.
It is elementary in procedural law that the guilt of the accused cannot
be established if the prosecutors refuse to proceed. Resentment against an adverse ruling is not a justification; neither is bias a ground, for overruling it.
Chief Justice Hilario Davide was duty bound to submit the refusal of the prosecution to present evidence for resolution by the Senate as a nolle prosequi.
A nolle prosequi is a situation when the prosecution or the defense declares not to proceed further.
Anyway, interpretation of the Constitution by the Supreme Court becomes
part of the law of the land.
Thus, the People Power act that benefited Arroyo is valid now that she is the target. But switiks always reason: follow what I say not what I do.
So is it removal by People Power, impeachment or just simply resign and let the vice president take over?
(August 12, 2005 issue)
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