By Wilhelmina S. Orozco
It is entirely puzzling to me how an institution with a
questionable status of its leader could possibly come up with an objective and
neutral decision regarding the very process that is searching for his
culpability. Is that not solipsism of the highest order?
Should a self-serving institution be allowed to dispense
justice when within itself and the topmost position is the question: “is he
morally fit to govern?”
I think it is all right for the Supreme Court to continue
deciding case except in the case involving its officials. It would not be able
to render a wise judgment considering that the person/s involved are in close
proximity to them, have been their colleagues, arguing, discussing and dining
with them, too for many years and years, and
whatever kind of relationships they could have developed among
themselves.
I know for a fact how a government institution works because
I used to work with the Budget Commission
now called the Development Budget and Management Office. as a senior
management specialist during martial law. I work, interacted with my
co-employees, saw and was told then how some officials had managed to wear
rings with several karats of diamonds, how they could manipulate the budget so
that they themselves would have a commission from every position created,
classified and given a sizeable allocation that ran into millions. Remember
that was the time when the “bitter half” of the dictator was also poking her
finger into the pie. But as these officials had their heyday shaping the budget
and having a slice of the pie afterwards, their underlings also partook of the
manna secretly, of course. Closeness to each other produced that secret bonding
as they shared common experiences – that of working under the same institution
and of enjoying perks to the hilt.
Thus, I cannot see the point how this highest judicial body
could even render an objective decision now regarding the impeachment. It is
simply impossible. Maybe it should just concentrate on other matters, but
definitely not on the impeachment.
Why? Let us ask, who has the moral ascendancy at this time
to make that decision on the impeachment case? By moral ascendancy I mean the
most ethical body. Our Constitution answers, Congress – the House of
Representatives who presented the impeachment case and the Senate Body as the
jurors whether the case has grounds or not for conviction of the charged party.
But why Congress? Because Congress is composed of elected
officials. No one there sits without having been voted by the people,
officially. There is a process for an official to get elected and that is
through proper nomination and official elections, meaning to say, the
Commission on Elections puts up the nomination period, then the election
period, and then the counting of the votes for the individuals elected as
officials. Millions of Filipino people of age trek out and vote for their
candidates, their leaders whom they want to sit in the august halls of moral
governing institutions.
In other words, Congress is composed of morally-fit
officials, morally fit meaning their powers come from the people, millions of
them. And when we view the impeachment case hearings, we see the people whom we
have elected to sit on our behalf and make decisions for us. Should anyone of
them choose to backslide, then that official could earn our ire in the next
elections and we can say to him or her, “Sorry, your actions while being an
official has been found wanting.”
Any which way, Congress is the final arbiter whether an
official is fit to govern. On Congress lodges the Impeachment Court . And because it is
composed of elected officials, we do not expect everyone to be like lawyers
arguing, debating, by the law books but by that body of knowledge they know
which they have culled from their interactions with the Filipino people, their
own educational backgrounds – whether in law or other fields, and their
experiences as leaders with knowledge of what is moral governance for the
people.
Ergo, the Impeachment Court must abide by their own
understanding of how an official must be impeached, taking cognizance probably
of upheld rules of court but not necessarily to be strongly bound by it, as a
senator-judge always insists upon it – but by that human understanding of how
to perceive whether the impeached official is telling the truth.
How does one know if the impeached person is telling the
truth? And how does one get at the truth? Evidences, evidences and loads of
them. But should the presentation of evidence go by the books again? Not
necessarily. The Impeachment Court
has to evolve its own many ways of ferreting out the truth – from the people’s
many creative ways, and based on that respect for human rights.
The Filipino people have that right to be morally governed
by officials. They rightfully elected officials and so expect that these
officials to perform what is right for them. Now the justices of the Supreme
Court are not elected by the people but rather appointed by the president.
Although they sit in a government position, most of them do not directly view
the people as their benefactors but that person sitting in the presidential
seat and signing their appointment papers. They are not allowed to sit in the Impeachment Court
because they do not go through the election process conducted, led and managed
by the people.
Now why was a member/s of the Supreme Court not included in
the Impeachment Court ?
The nature of work of a justice is mental, or supposed to be mental and
emotional. By mental we mean that reason is used for analyzing the case and
emotions for viewing the charged person with humaneness. As we are spiritually
attuned, we would even add that the nature of work is also spiritual as
decisions on cases require that of accessing the highest truths that the Great
Creator, regardless of faiths, could possibly be rendering on the cases lodged
to them for judgment.
Hence, the Congressional Impeachment Court has the highest
moral ground to render judgment on whether an official is fit or unfit to
administer the functions of the position to which he/she has been appointed further.
All the senator-jurors are accountable to the people with
regard to the decisions they should and would be making in the impeachment
case. Millions put them in their seats and therefore, it is the people’s welfare
that should be the basis of their decision on the impeachment case at every
turn of the trial.
Now, should the current chief justice continue to be
employed considering that there are huge questions of his moral fitness to
govern? How shall the people reason with regard to the questions that are
raised on the floor? What would be their points of view with regard to the
wealth that is unfolding before the court? Should the chief justice be given
another chance to prove his worth or should he be replaced right away? Is there
room for moral reform within the government? Should that reform be undertaken
while being in that position?
Unfortunately, we are talking here of the highest position
in the magistrate body. The leader must exercise highest moral grounds in terms
of conduct, personally and officially. Hence, to be found with an iota of doubt
is already a smear on his reputation as a leader and as an official with a
governing function for the people. And for the same institution to which he
belongs to render judgment on his capability is self-serving instead of
people-serving.
Let us remember that every government official is the
people’s servant. Hence, there is not even room for so-called objectivity here
because the fundamental basis of sitting in the Impeachment Court is to render judgment
that will benefit the people. That in itself is already a bias for the people’s
judgment.
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