(Note: the original title of this paper was "Rule of Law 14: Impeachment for Beginners")
Here is a good reading material for people who want to understand about impeachment -- removing a high official in the Executive or Judiciary branches of government via Constitutional and legal process, not by street demonstrations and "people power revolution." I got this from facebook and it has been forwarded and shared by several dozen people already via facebook Notes and other blogs.
The author is a friend in the university way back in the 80s. Atty. Theodore "Ted" Te is a small (he's probably less than 5 feet tall) and boyish looking lawyer with a huge brain; he's frank and articulate. In my post yesterday,
Rule of Law 4: Impeaching the SC Chief Justice, Ted wrote,
"betrayal of public trust is another question (betrayal of my trust? no, I never trusted him at all, nothing to betray)", and that's what I meant of Ted being frank.
The subject of impeachment is the Supreme Court (SC) Chief Justice Renato Corona; the one who instigated the impeachment -- through his partymates and political allies in the House of Representatives is the President of the country, Benigno "Noynoy" Aquino; and the ultimate judge will be the Senate, to be headed by the Senate President, Juan Ponce Enrile.
This is an interesting photo. From left: CJ Corona, Senate President Enrile, and President Aquino. In the hierarchy of political leadership in the country, they are ranked numbers 5, 3 and 1, respectively. Numbers 2 and 4 are the Vice President and the Speaker of the House of Representatives.
Ted explains here the following:
1. the process of impeachment,
2. the options for the accused, in this case, CJ Corona,
3. implications for the accusers, in this case the House of Representatives and indirectly, President Aquino,
4. the eight (8) charges hurled against the accused,
5. the burdens (evidence and tactics) for the accusers, and
6. pursuing accountability and rule of law.
That is why I consider Ted's paper a brief but good reading material for non-lawyers like me and many other citizens.
On a side note, I checked wikipedia's definition of "rule of law" just a few minutes ago and I was disappointed. Wiki (or the last person who edited and defined the term) wrote,
Rule of law is a legal maxim that suggests that governmental decisions be made by applying known principles.
For me this is wrong. Rule of law applies not only to government but also to non-government contracts and decisions. An example: I borrowed XX thousand pesos from a friend with a promise that I will pay him the full amount within one month, with or without interest. A month has passed and I did not pay him, partially or fully, I broke the law or contract with my friend. I can talk to him and ask for an extension in payment timetable, or he can pressure me through various means (peer and friends' pressure, going to court, etc.) so that I will pay as stipulated in our contract.
Now to Ted's paper.
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Hell to the Chief
By Theodore Te
December 14, 2011
In the movie “Gladiator,” Maximus, before leading the armies of Marcus Aurelius to battle, looks to Quintus, his adjutant and gives a simple order, “at my signal, unleash hell.”
On Monday, Dec. 5, 2011, the President gave the signal—when he publicly shamed the Chief Justice raising issues that went to the legality of his appointment as well as the nature of his character at a National Criminal Justice Summit—and his loyal army unleashed hell on the Chief Justice.
One week after, in a stunning demonstration of “all deliberate speed,” 188 members of the House of Representatives, summoned by the Speaker, literally lined up to sign an impeachment complaint which, for many of them, they had yet to read, let alone comprehend.
