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Saturday, November 22, 2003
Millan: No questions asked
By Taipan Millan
'In the brief moment that the deadlock ensued, leaders of each branch grappled and scrambled for a possible solution. At the end of the day, the more weighty concern was more of saving face rather than principles.'
THE threat of impeachment is over. At the last minute, the Supreme Court declared the second complaint as unconstitutional. At the 11th hour, the Lower House was constrained to respect, and accept, the decision of the Supreme Court.
It was a suspenseful juncture in our nation's history. A constitutional crisis hovered above the country's head for weeks. The three branches of government, co-equal in theory, fought for supremacy in practice.
In the brief moment that the deadlock ensued, leaders of each branch grappled and scrambled for a possible solution. At the end of the day, the more weighty concern was more of saving face rather than principles.
Compromises were concocted. Backdoors became busy. Backrooms became full. The wheeling and dealing right before the vigilant eyes of the public was disgusting, to say the least.
Eventually, the bomb feared by many to explode in gigantic proportions was defused. The threat of impeachment is all but over now. The proponents are still in fighting mood but there is no more battle to speak of. The war has been won.
The victory, however, refers only to the second impeachment complaint. To read such victory as a pronouncement of innocence, therefore, is to misread it. It was limited, not comprehensive. It was partial, not complete.
The judgment covered only a technicality--that the second impeachment complaint violated the one-year ban rule and was thus unconstitutional. The judgment did not say that all is clean and bright--no spots, no stains.
The issues and concerns involved in the use or misuse of the Judicial Development Fund are still fair game. They may still be investigated as they will surely be investigated.
In the upcoming search for any and all traces of misfeasance or malfeasance, all the nooks and crannies will be studied, all the bits and pieces will be reviewed.
The Chief Justice, and the entire Supreme Court for that matter, must come out clean. They who are the last bastion of truth, freedom and justice must pass the most stringent of all tests.
And among the magistrates, the Chief Justice must be the epitome of honesty, integrity and transparency. This is especially so because it is precisely the Chief Justice who was accused of abusing his discretion with regards to the Judicial Development Fund.
Likewise the target of insinuations of graft and corruption are the son and daughter of the Chief Justice. They are holding confidential positions in the office of their father and sensitive posts in the committees of the high court.
It is not yet clear now, or at least it has not yet been proven now, if they are indeed involved in any misconduct. What is clear, though, is that their continued presence in influential capacities does nothing to allay the people's fears of and remove the people's doubts about graft and corruption in the judiciary.
Hence, the siblings ought to resign, or ought to be removed, not as a sign of defeat or guilt, but to remove any cloud of doubt. Surely, their father can find enough replacements that are competent and capable.
The burden of the Chief Justice is that he must be beyond reproach. The lack or absence of any and all suspicions of wrongdoing must be absolute. As for his honesty, integrity and transparency, there should be no questions asked.
(Comments are most welcome. Please send them to tai-pan@brains-for-hire.com)
(November 22, 2003 issue)
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