Saturday, June 9, 2012

Error in Judgment


In the hope of a fair judgment, unbiased by any political color and free from any sight of influence, some members of the senate, acting as judges in the impeachment trial, has promulgated and rendered verdicts wanting of any legal basis and merit. They chose to make a popular decision, so that they may celebrate that the people have spoken, which accounts the hapless respondent guilty as charged. They may claim validity of action for the people, by the people and of the people, with no better understanding that democracy works not for the people alone but for the rule of law and justice. As they have left the fate of a man under the mercy of the gullible majority, they will be judged by history with the propriety and righteousness of their actions.

Regrettably, the judgment was to serve the Palace its wishes. It is not for the people to rejoice with, since, after this melodramatic scene, corruption of moral decency will still continue to pervade in our nation. Nothing has been proven, much less testified with, nor has there been a presumption that the Chief Justice amassed ill-gotten wealth. Not a scintilla of evidence was presented to show the he has squandered an ounce of the public treasury. While it may be true, as the court argues, that the non-disclosure of the magistrate of a sizeable amount of dollars in his SALN is an omission reprehensible under the SALN law, it must be made clear, that he relied in good faith of a law which its conception begins and its birth has been in the care of the Congress of the Philippines. Moreover, the admission of a quantifiable amount of money during the hearing, as has been made under oath, answers the very question the SALN law posed – the total net worth of the properties. Knowing already the total assets of the person charged, the court may have simply ordered to include the same in the SALN of the following year instead of dangerously rushing for conviction.

The fear that corrupt officials will conveniently avail the interpretation impressed upon by the Chief Justice is a farfetched idea, more illusory than apparent. The call for doubt as to the purpose of the law (Foreign Currency Deposit Act) should have left them with no other remedy but to amend, repeal or change it. The law was conceived by the law-making body. If they argue it correctly that such eventuality may happen, then it is the Congress which made this evil that is to blame and not the man convicted.

What appears in the decision of the Senate is a reflection of the public opinion and collective sentiments. Bases were given on the premise that it is for the good of all. Correct as it may seem that the senators are the representatives of the people, nevertheless, it does not follow that judgment be made in accordance by which they represent. When the people elected them as representatives of the sovereign, they have not just been selected to represent the people but, most importantly, they were chosen to intelligibly decide the fate of this country with independence, candor, and freedom. With all great regret to the men in robes, they failed to dispose the character that is demanded in their office.

With the lack of ability of the people to believe the truth, with the seeming incessant display of might and power, with the inherent weakness of our leaders to make true though unpopular decisions, with a media that can sway public opinion, with a rule of law so easily disregarded and disobeyed, and with injustice seen as justice, God save this country!

No comments:

Post a Comment