When the Absolute Gets Corrupted
THE THEORY OF Constitutional Checks and Balances in government grew from the classical theory of separation of powers in goverment–between the executive, the legislative, and the judiciary. This allows a branch of government to provide a check on the other branch when it falls into the decadence of corruption and abuse of power. In theory, the legislative and judicial branches can reign on a rogue executive; the executive and the judiciary on a rogue legislative, and; the executive and legislative branches on a rogue judiciary.
In fact, however, the executive and legislative branches of today are having a hard time checking a rogue judiciary. In the general rule of the majority, a judiciary with majority behaving like they are not accountable to their wrongdoings, who can put a check on an institution that supposed to have “absolute” power in the interpretation of the Philippine Constitution?
Of course, the problem is not the Constitution. It is the interpretation that in many instances had been colored with obvious partiality. The midnight appointment of the current Chief Justice Renato Corona smacked of that non-blind justice where delicadeza was thrown out of the window in the sneaky “loophole” that the Constitution was interpreted in favor of an obvious midnight appointment. Will this present Supreme Court do better in rendering justice to the Filipino people even at the expense of its wayward Chief Justice?
If the present set of SC justices failed to do that in the name of self-preservation, they can do that again, and again, and again.
And, these justices will turn every legal table to oppose the Impeachment Court in an effort to protect their ally in Corona. Their weapon is obviously their “absolute” and exclusive power to interpret the Constitution however they want to interpret it, the way they interpreted the Corona midnight appointment.
The only thorn in their side is the Impeachment Court, and its power to remove corrupt justices from an office they do not deserve, and brought shame to. Right now they want to create a precedence in the impeachment trial they hope might pave a way in frustrating this check of their powers as justices, knowing fully well that those corrupt justices will themselves have to face the same impeachment trial later on should they fail now.
The threat of jurisdiction that the Senate as an Impeachment Court is facing right now does not come solely from the impeached Chief Justice. It too comes from those associate justices, those allies of Corona, who themselves will be facing the same impeachment process, once their Boss gets removed from the pinnacle of judicial power.
The failure of justice to uphold the truth by hiding behind a “loophole” of law is a blatant proof that moral ascendancy in those who should administer law and justice have been long lost. What we are dealing now are empty shells where morality and justice no longer resides. Blind justice has regained its sight, and is now looking at its self-interest to protect with vengeance.
When the “absolute” interpreters of the Constitution succumb to partial justice in their interpretation of that Constitution, who will put them to account for their errors? In such a scenario, only the Senate convened as an Impeachment Court can save the nation in the brink of legal collapse. Only the Impeachment Court has been given the power to protect the Constitution from its rogue interpreters.
And the Senate as the Impeachment Court must not cower, and shrink from its constitutional mandate to protect the people. It must not fail in protecting both the Constitution and the people. Otherwise, the people will have to rise again and cut down those who bastardize them in office.
At the end of the day, the Filipino people must always be willing to take justice into their hands when justice can no longer be handed to them by the institutions they put into office to do so. For where is order when the law itself can be bastardized by those who supposed to protect it. Theory or not; law or not, souvereign people, we Filipinos are!
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This post was submitted by Zosimo Literatus.
one loophole in the check in balance of 3 branches of the government is that the two branches executive and legislative are elected by the people, the other is appointed from the executive.in election cases wherein the elected officials derive their position and power, the judiciary is the last bastion of settlement.in the process this is where the ” scratch your back and you scratch mine” and patronage politics comes into play at the expense of course of the general population. again, when you bribe the electorate, you expect a lousy governance and this is where corruption teeming with its tentacles down to the barangay level to proliferate. now comes the police and the military, another equation that will have its own balancing act and lastly the role of the “fourth estate or the 4th branch of the government”, the media..so what do you expect. vested interest that will suppress more the ordinary people. add more additives like resource nationalism, environmentalists to the max and presto….Philippines becomes rape victim, with dismembered parts…thrown into the river of no return.
Sa totoo lang nakakainis na itong paulit ulit na takbo ng pulitika sa atin! Bakit kasi gumawa ng CONSTITUTION at BATAS na napakaraming interpretasyon. Bakit di kasi ulitin yung CONSTITUTION natin na kahit saan mo tignan, nasa kaliwa ka man, kanan, gitna, itaas o ibaba ay ganun pa rin ang kahulugan….Dapat kasi absolute ang bawat article at di sya contradicting sa ibang article…Tapos samahan pa ng kung ano anong BATAS, MEMORANDUM, EXECUTIVE ORDER, ORDINANCE, wow! Sakit sa ulo at ang gulo…Kaya yung magagaling sa mga batas ang gagaling makalusot kahit guilty na!
ang nangyayari ay ginagawang excuse ang Constitution pero dapat na isipin na si Corona ang nasasakdal hindi ang buong Supreme Court. Ang sama lang ay pati ang ibang judges sa SC ay kumakampi. Ganyan ba talaga, kampihan at magbulag-bulagan sa katotohanan. Ano ba ang pinagumpisahan nito? Hindi ba sa TRO na issued by SC concerning Arroyo? Bakit hindi niya maibigay ang dahilang ng pag-issue ng TRO? What is their reason? Ngayon naman nag-issue ng TRO para sa dollar acoount! Kung wala namang tinatago, eh anong masama? Takot na manakaw? Takot na pasukin ng masasamang loob? Tapos ngayon naman humiling na ipahinto ang impeachement. Iyan ba ang sinasabing punto por punto sasagutin ko. Bakit mukhang nag-iba ang hangin? Si Corona mismo ang kumomontra sa mga sinabi niya.
Sobra talaga ang dami ng nahawa sa kasakiman ni Arroyo. Bakit di pa nakapagtataka at bakit hawak sa patalim sa kanyang posisyon? Kasi kung siya lang ay nag-inhibit noon, wala sana. Hindi sana makakaladkad ang baho (if meron). Kung meron siya talagang kunsensiya, concern sa mga mamamayang Pilipino at merong dignidad, naisip niya dapat yon na mag-inhibit. Dapat naisip niya rin na hindi niya dapat na tinanggap ang pag-appoint ni Arroyo. Pero bakit? Bakit? Kasi sa ginhawa at POWER na makukuha?
Sana lang huwag mo ng gamitin ang SC. Dapat nga kung meron kang delicadeza eh mag-leave ka muna. At isa pa, dapat hindi ka magtago sa opisina ng SC at kasama pa ang asawa. Diyan na rin ba nag-oopisina si Mrs. Corona. Saka tigilan na sana ang drama na papunas-punas ng pawis at luha. Pang teleserye lang yan.
Pati ang pag held ng Mass. Kung mag Mass, diyan na lang sa loob. Hindi na kailangan pang ipakita sa tao at ipa-media. Hindi yan tama! Kung meron kang hihilingin sabi nga ng Diyos, don’t let it be seen. Hypocrites pray in public to let others see that they are prayerful but what about inside?
Masyado ng kawawa ang mga mamamayang Pilipino. Naghihirap. Kung kayo na nasa gobyerno ay magtutulong at ibigay ang inyong mga yaman para i-educate ang taong bayan, me pag-asa ang Pilipinas na umasenso. Pero habang ang mga buwaya ay andiyan, wala. Kawawang Pilipinas!
we are not bothered by their corrupt ways and means we have People Power 4 to content with assuming they remain steadfast to their wrongdoings they will be the eventual losers when the constitution will be suspended they will eat their words and adjudge by history that is a last recourse to call for the Filipino people will never be a sitting duck politically matured they will mustered and throw out these leaders.
Kami po ay PRO CHIEF JUSTICE CORONA
dapat harapin ng so Called Executive Branch ay ang mga :
Mahihirap
Nagugutom
Nasalanta ng Calamity
Nasunugan
Biktima sa Pag-iisip
OFW
pagtaas ng gasolina
pagtaas ng mga bilihin
high quality education
Gay Rights
women’s rights
Men’s rights
Veterans Claims
Taasan ang COLA o cost of living allowance
Childrens rights
to be continued:
Yup I agree sa lahat ng sinabi mo… Pero ibig ba sabihin na okey lang na magnakaw silang mga goverment officials sa kaban ng bayan natin….Alam mo ba na gustong gusto ng mga magnanakaw na maging misrable ang buhay ng ibang tao para di mapansin ang mga pagsasamantala nila….Alam mo na sana kung walang mga corrupt at dishonest goverment officials sa ating bansa for sure lahat ng sinabi mo magagawa at maibibigay ng gobyerno natin…Kaso isa ka pala sa gustong ipagpatuloy ang bulok na sistema sa lipunan natin….Para sa akin kelangang linisin ang maling gawain at magsumikap pa…I agree rin na medyo mabagal ang aksyon ng gobyerno ni Pnoy sa mga puntos na sinabi mo, kaya dapat na mag focus pa at kumayod pero di ibig sabihin na dun lang ang bigyan ng focus, syempre kelangan rin ang alisin ang mga maling sistemang nakasanayan na….
Tanong ko sa iyo, bakit ka naging pro CJ Corona naman? Ako kasi pro ako sa tama lang….
the impeachment trial should resolved just one article of impeachment to impeach or not to impeach the Chief Justice! prolonging is prolonging the agony of poverty, disillusionment of our predicament, and adds more insult to injury. President Aquino must call people power four (4) and reform all institution of our government precisely he was elected to reform our society and resolved the ills of our Country.
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