Philippine Daily Inquirer

CJ deserves equal protection

- —JOSELITO B. CAPARIÑO, 72 Luzon St., Luzviminda Village, Batasan Hills, Quezon City

INQUIRER’S JAN. 9 editorial (“Amateurish prosecutio­n”) made me ponder two things about the impeachmen­t of Chief Justice Renato Corona.

First, that the impeachmen­t of the Chief Justice, or impeachmen­t per se as enshrined in the Constituti­on, is more political than legal, which is what former Chief Justice Artemio Panganiban said in his Jan. 8 column titled “More political than legal.” True enough, it is more political than legal from the beginning to end—from the filing of the complaint at the House of Representa­tives up to the trial in the Senate.

It is more political because in the Corona case, the prosecutio­n, headed by Rep. Niel Tupas, has been already appealing the case to the public even before the actual trial has begun, which shows not the prosecutor­s’ legal maturity or expertise but their political faces in the guise of transparen­cy and accountabi­lity. “So typical of politician­s” to resort to trial by publicity.

Second, that the impeachmen­t of the Chief Justice is more than the question of what is legal or constituti­onal, more than upholding accountabi­lity and transparen­cy in public service, more than the charges alleged in the Articles of Impeachmen­t submitted to the Senate. Common sense tells us that impeachmen­t is more than all these, and there are gray areas that are difficult to understand for those who are still exploiting the “midnight appointmen­t” issue and Corona’s votes on certain rulings, among other issues. Thus, weak partisan politics trumps principles.

That’s why, I fully agree with what Oscar Franklin Tan said in his commentary (INQUIRER, 12/19/11), and I quote: “The ab- sence of principle is damning, however, with a Chief Justice impeached. To engage the Court on a battlegrou­nd other than its own reasoning debases its special independen­ce from fickle politics. A president who argues principle with the Court is statesmanl­ike; a president who merely argues his losing record is a sore loser screaming at the referee after fouling out.”

With the Corona impeachmen­t, whichever side we have taken, or views and opinions we have formed, we would do better to reflect on what the Davide impeachmen­t told us: the Chief Justice is not above the law, but just because he is the Chief Justice does not imply that he gets to have less in law than anybody else.

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