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The Corona Impeachment trial: Will it be fair?

Senate_Session_HallIf you don’t know that the Philippine Chief Justice Renato Corona is on trial for impeachment, then you must have been living under a rock the last few weeks. This is undoubtedly one of the most important political and legal events to happen in recent history that is sure to have many ramifications in the future. How the Philippine Senate handles this will reflect on the maturity, integrity and respect for law of the Filipinos.

The only other impeachment trial that Filipinos have witnessed is the impeachment trial of former President Estrada. Today, we are about the witness another trial of one the highest ranking officials in government: that of the Chief Justice of the Supreme Court.

One of the precepts of our Constitution, and of any democratic country for that matter, is that every citizen has the right to legal proceedings. The basis of our criminal justice system is similar to that of the United States: that a person is innocent until proven guilty.

A historical trial

The headlines today are all about the impeachment trial of Supreme Court chief Justice Renato Corona. This is a truly historical event, because this is the first time in the history of our country that the person who is supposed to uphold the law of the land is being put on trial for impeachment. Although the prosecution has claimed that the credibility of the Supreme Court is not the one on trial, it is inevitable that the third branch of government’s credibility and competence be also put into question when its very head comes under fire.

Never in our history has a Chief Justice, the very head of the judiciary head of government been on trial. Never before has the credibility and competence of a Chief Justice been put on the spot until now.

This carries the same media attention and historical significance as the impeachment trial against former president Joseph Estrada over a decade ago. It is because of the results of that impeachment trial and the subsequent people power revolution that took place that then vice president Gloria Macapagal Arroyo became president. It is quite ironic that we are now once again at an impeachment trial for one of the appointees of former president Arroyo.

How can it be fair?

Our country is sadly not known for having a very efficient much less just justice system. It is notorious for having slow wheels of justice, even with the promotion of Justice on Wheels program. It is known that money talks and that cases can be swayed depending who has more money to pay a better lawyer.

Trial by publicity

Based on the opening statement of Rep. Tupas, the Senate is out to learn the truth. However, this may be hard to believe since even before the first day of the impeachment trial, the prosecution has been grandstanding and unveiling to the media their evidence and other accusations against the chief justice. According to Tupas, Chief Justice Corona has bartered away for a pot of porridge the effectiveness, the independence, and the honor of the Supreme Court.” However, it can be said that the recent actions of the prosecution have bartered away their own credibility and moral high ground in vilifying a man who is by all legal accounts innocent until proven guilty.

It is also attention grabbing to display the over 40 alleged homes of the Chief Justice. It is also unprofessional to bandy about the evidence against the defense before the hearings have started. Even before the proceedings have begun, they have already blackened the name of the accused. The prosecutors have taken their case to the court of public opinion.

Thankfully, the public doesn’t quite seem to know what to make of things. For one thing, survey results have showed that the public remains divided as to the fate of Justice Corona.

In the US, jurors are kept in seclusion for the duration of the trial. They are also carefully chosen to make sure that they have no bias against the defendant. This is one of the safeguards done to help ensure a fair trial. Over here, it is impossible to keep the senators who will be holding the trial in seclusion. It is also very difficult to have senators and congressmen vote using solely their conscience, not taking into account utang na loob, favors and other personal interests.

Former Senator Miguel Zubiri must be glad he got out before all this brouhaha happened.

How can this trial be fair?

Although the senators are elected officials, many don’t necessarily have the qualifications to cast the first stone.

One the grounds of morality alone, many of the people who will be holding the trial are themselves guilty of a number of misdeeds.

Let’s not even discuss the intelligence needed to actually understand the proceedings, let along come up with an unbiased and intelligent decision regarding the trial. There are some senators and congressmen that have been duly elected and have been acting out of the best interest of the people, but this certainly can’t be said of all of them. Let’s hope that Senate President Juan Ponce Enrile can keep things dignified and keep people in line so that the senate doesn’t lose is respectability or credibility.

Let’s all remember that this is the same senate that became voyeurs to the Hayden Kho sex video scandal tapes. It’s hard to fathom that our chief justice will be tried in these same halls.

This is a no win situation for Chief Justice Corona

On one end, Corona has the opportunity to clear his name of the charges and allegation is he is indeed innocent. The Filipino people will be given an insider’s perspective on his personal lifestyle, his wealth, his thought process.

Whether guilty or not, the Chief Justice himself deserves to go through due process. Whether it works depends on how things are handled.

However, it means a massive loss of privacy, not to mention credibility. In this country, how people perceive you is more important that who you actually are. This is why movie stars, sports figures and sons of prominent people who have no skills and unqualified people still manage to win seats in government and are elected into office out of sheer charisma and packaging.

The entire Corona family has been dragged into the show. They will now be forever traumatized regardless of how this all turns out. The humiliation they are now suffering is priceless and probably irreparable.

It’s not likely that this trial will be fair. This is because Corona has already lost much even before the trial has begun, whether he is innocent or guilty.

 

Photo by Noemi Lardizabal-Dado. Some rights reserved.



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