The EQualizer Post :Year V

The EQualizer Post :Year V
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Remember this... " When I despair, I remember that all through history the ways of truth and love have always won. There have been tyrants,despots and murderers, and for a time they can seem invincible, but in the end they always fall. Think of it--always. " Mahatma Gandhi

Saturday, January 14, 2012

Briefing Sheet:The Impeachment Of Chief Justice Renato Corona

 
The First SC Justice Impeached In Philippine History
1) Backgrounder:
Renato C. Corona (born October 15, 1948) is the incumbent Chief Justice of the Supreme Court of the Philippines. He was appointed to the Court on April 9, 2002 by President Gloria Macapagal-Arroyo. On May 12, 2010, two days after the 2010 elections and a month before Arroyo's term expired, Corona was appointed the 23rd Chief Justice of the Philippines. Corona was impeached by the House of Representatives on December 12, 2011. Wikipedia

Corona earned his law degree at the Ateneo de Manila Law School, where he would serve as a member of the faculty for 17 years. He also received a Master of Laws degree from Harvard Law School in 1982. He earned his Doctor of Civil Law degree, summa cum laude, from the University of Santo Tomas Graduate School in 2011.[1]
Corona served as the Presidential Legal Counsel and Deputy Executive Secretary to President Fidel Ramos. In 1998, he became the chief of staff and spokesperson of then Vice President Gloria Macapagal-Arroyo. When Arroyo assumed (grabed???) the presidency in 2001, Corona became the Presidential Chief of Staff.
On December 12, 2011, 188 members of the House of Representatives signed an impeachment complaint against Corona.[2] As only 95 signatures were necessary for the impeachment of Corona by the House of Representatives under the Constitution[3], the impeachment complaint was to be transmitted to the Senate for trial.[4] From Wikipedia

2) GROUNDS FOR IMPEACHMENT
Respondent betrayed the Public Trust, committed Culpable Violation of the Constitution and Graft and Corruption in the following manner:
ARTICLE I
RESPONDENT BETRAYED THE PUBLIC TRUST THROUGH HIS TRACK RECORD MARKED BY PARTIALITY AND SUBSERVIENCE IN CASES INVOLVING THE ARROYO ADMINISTRATION FROM THE TIME OF HIS APPOINTMENT AS SUPREME COURT JUSTICE AND UNTIL HIS DUBIOUS APPOINTMENT AS A MIDNIGHT CHIEF JUSTICE TO THE PRESENT.
ARTICLE II
RESPONDENT COMMITTED CULPABLE VIOLATION OF THE CONSTITUTION AND/OR BETRAYED THE PUBLIC TRUST WHEN HE FAILED TO DISCLOSE TO THE PUBLIC HIS STATEMENT OF ASSETS, LIABILITIES, AND NET WORTH AS REQUIRED UNDER SEC. 17, ART. XI OF THE 1987 CONSTITUTION.
ARTICLE III
RESPONDENT COMMITTED CULPABLE VIOLATIONS OF THE CONSTITUTION AND BETRAYED THE PUBLIC TRUST BY FAILING TO MEET AND OBSERVE THE STRINGENT STANDARDS UNDER ART. VIII, SECTION 7 (3) OF THE CONSTITUTION THAT PROVIDES THAT “[A] MEMBER OF THE JUDICIARY MUST BE A PERSON OF PROVEN COMPETENCE, INTEGRITY, PROBITY, AND INDEPENDENCE” IN ALLOWING THE SUPREME COURT TO ACT ON MERE LETTERS FILED BY A COUNSEL WHICH CAUSED THE ISSUANCE OF FLIP-FLOPPING DECISIONS IN FINAL AND EXECUTORY CASES; IN CREATING AN EXCESSIVE ENTANGLEMENT WITH MRS. ARROYO THROUGH HER APPOINTMENT OF HIS WIFE TO OFFICE; AND IN DISCUSSING WITH LITIGANTS REGARDING CASES PENDING BEFORE THE SUPREME COURT.
ARTICLE IV
RESPONDENT BETRAYED THE PUBLIC TRUST AND/OR COMMITTED CULPABLE VIOLATION OF THE CONSTITUTION WHEN HE BLATANTLY DISREGARDED THE PRINCIPLE OF SEPARATION OF POWERS BY ISSUING A “STATUS QUO ANTE” ORDER AGAINST THE HOUSE OF REPRESENTATIVES IN THE CASE CONCERNING THE IMPEACHMENT OF THEN OMBUDSMAN MERCEDITAS NAVARRO-GUTIERREZ.
ARTICLE V
RESPONDENT BETRAYED THE PUBLIC TRUST THROUGH WANTON ARBITRARINESS AND PARTIALITY IN CONSISTENTLY DISREGARDING THE PRINCIPLE OF RES JUDICATA IN THE CASES INVOLVING THE 16 NEWLY-CREATED CITIES, AND THE PROMOTION OF DINAGAT ISLAND INTO A PROVINCE.
ARTICLE VI
RESPONDENT BETRAYED THE PUBLIC TRUST BY ARROGATING UNTO HIMSELF, AND TO A COMMITTEE HE CREATED, THE AUTHORITY AND JURISDICTION TO IMPROPERLY INVESTIGATE A JUSTICE OF THE SUPREME COURT FOR THE PURPOSE OF EXCULPATING HIM. SUCH AUTHORITY AND JURISDICTION IS PROPERLY REPOSED BY THE CONSTITUTION IN THE HOUSE OF REPRESENTATIVES VIA IMPEACHMENT.
ARTICLE VII
RESPONDENT BETRAYED THE PUBLIC TRUST THROUGH HIS PARTIALITY IN GRANTING A TEMPORARY RESTRAINING ORDER (TRO) IN FAVOR OF FORMER PRESIDENT GLORIA MACAPAGAL-ARROYO AND HER HUSBAND JOSE MIGUEL ARROYO IN ORDER TO GIVE THEM AN OPPORTUNITY TO ESCAPE PROSECUTION AND TO FRUSTRATE THE ENDS OF JUSTICE, AND IN DISTORTING THE SUPREME COURT DECISION ON THE EFFECTIVITY OF THE TRO IN VIEW OF A CLEAR FAILURE TO COMPLY WITH THE CONDITIONS OF THE SUPREME COURT’S OWN TRO.
ARTICLE VIII
RESPONDENT BETRAYED THE PUBLIC TRUST AND/OR COMMITTED GRAFT AND CORRUPTION WHEN HE FAILED AND REFUSED TO ACCOUNT FOR THE JUDICIARY DEVELOPMENT FUND (JDF) AND SPECIAL ALLOWANCE FOR THE JUDICIARY (SAJ) COLLECTIONS.

Corona/Marcos: The Defenders Of Democracy

 3) The Corona Perspective: Safeguard our democracy
"This administration must be reminded that all authority of government emanates from the people and that its sovereign will must be respected and must prevail at all times.

"Let it be known to all and sundry that all members, supporters, sympathizers and advocates of the S4S be it religious or priest, military, youth, OFW (overseas Filipino worker), farmer, worker, urban poor, professional, etc. -- have agreed that it is time to stand up against the creeping dictatorship of this administration," the statement read.
S4S also stressed that the Constitution "has enshrined the checks and balances within government through the co-equality of the executive, legislative and judicial branches of government."

4) The EQ Post Perspective

The EQ Post Perspective