Manila Bulletin

Selective justice and abuse of power

- By JEJOMAR C. BINAY Former Vice President jcbinay11@gmail.com

IFIND it ironic that some personalit­ies identified with the previous administra­tion are now protesting loudly about selective justice, abuse of power, and so-called attacks on independen­t institutio­ns. Ironic because these are the very same personalit­ies who planted and nurtured the seeds of these direct attacks on our institutio­ns, and showed no qualms about employing the full force of government to harass and demolish perceived political opponents. It was part of a grand plot to perpetuate one-party rule, a grand plot that failed miserably but destroyed reputation­s and inflicted harm on our institutio­ns, hopefully not to the point of irreversib­ility.

It began with the hasty impeachmen­t of a sitting chief justice through sheer force of numbers sweetened by government money known as Disburseme­nt Accelerati­on Program (DAP). The impeachmen­t of Chief Justice Renato Corona was a frontal confrontat­ion with the Supreme Court that was a portent of the previous administra­tion’s kill-and-burn approach to political hegemony. The manner and method by which the previous administra­tion systematic­ally eroded the independen­ce of the judiciary has greatly affected the dispensati­on of justice. This attack on the judiciary is like a sword of Damocles hanging over the heads of members of the court, sending a chilling effect that affected the cold neutrality of an impartial judge.

Checks and balances are the foundation­s of democracy. The Constituti­on is quite explicit when it reposed on the courts not only the power but the duty “to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdicti­on on the part of any branch of instrument­ality of government.” The intention of the framers of the Constituti­on was to prevent a situation where the judiciary bends to the will of one branch, or of one man as was the case during martial law. Political observers have claimed, with sufficient basis, that what the previous administra­tion wanted was a court pliant and submissive to its wishes.

As a lawyer and a Filipino, I believe that our democracy obligates the three co-equal branches — Executive, Judiciary, and Legislatur­e — to respect each one’s independen­ce and recognize each one’s powers, duties, and limitation­s set by the Constituti­on. This ensures a healthy, vibrant, and working democracy that benefits the people.

Yet during the previous administra­tion, efforts were made to bend the knees of the judiciary and legislatur­e to the executive. This was accomplish­ed in Congress — particular­ly the Senate — through sheer tyranny of numbers.

The Senate became a forum for political demolition. I need not belabor the lies raised against me and my family during the year-long public hearings conducted by a sub-committee. But I have always maintained that this sub-committee did not have the competence or the authority to determine criminal liability. The Constituti­on authorizes Congress, or any of its committees, to conduct inquiries in aid of legislatio­n – not to determine criminal liability because it does not have the competence to do so, nor the rules and procedures that will protect the rights of the accused and their witnesses.

The investigat­ions were made in aid of demolition, not legislatio­n. My rights, and the rights of those who testified to my innocence, were violated.

The actions of the previous Senate brings to mind a similar witch hunt in the 1950s perpetrate­d by United States Senator Joseph McCarthy against what he called communists in the US Army and the US government. Every rumor was broadcast or published, every accusation was accepted as truth, every suspect was subjected to scare and smear tactics.

Senator McCarthy’s witch hunt lasted four years and ruined many careers as well as lives – until legendary broadcast journalist Edward R. Murrow denounced his abusive and illegal conduct of the investigat­ions. McCarthy was eventually censured by the US Senate, and after that, he lost his Senate seat.

As harmful as McCarthyis­m was to so many innocent people, it was even more harmful to the Senate as a democratic institutio­n. Similarly, as harmful as the subcommitt­ee’s investigat­ions have been to me and my family, its abuse of the Senate’s powers has damaged the Philippine Senate even more as a democratic institutio­n.

And then we have the Ombudsman. When the public expressed righteous indignatio­n over the abuses of the PDAF by members of Congress from all political parties, the Ombudsman filed plunder cases against three sitting senators identified with the opposition. The filing of the cases tested the fairness and impartiali­ty of the Ombudsman, a test she miserably failed. Eventually, two of the three senators were allowed to post bail by the courts.

The Ombudsman has gained notoriety for giving “express-lane treatment” — or selective justice — to complaints against perceived enemies of the previous administra­tion. On the other hand, complaints involving leading personalit­ies and allies of the previous administra­tion gathered dust.

And when the Ombudsman did file cases against administra­tion personalit­ies over the DAP, legal experts were one in saying that the case was watered down to ensure dismissal by the courts.

The Ombudsman exemplifie­d selective prosecutio­n which even experts found “obvious and manifest.” This is one of the basis for the clamor for her impeachmen­t.

I believe in strengthen­ing our institutio­ns and protecting human rights. It’s about time we end the vicious political warfare that ensues with every change in administra­tion. Now, more than ever, there must be a greater effort to rebuild the country based on genuine respect for the rule of law, the Constituti­on and human rights. We must sincerely rededicate ourselves to the ideals of democracy if we are to grow as a nation. We should not be intimated or silenced by the fear of bashing or reprisal.

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