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We don’t deserve politicians constantly looking over their shoulders
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We don’t deserve politicians constantly looking over their shoulders

Carl Martin Agustin

In the exercise of judicial duties, a judge must act independently, relying on one’s own appreciation of the facts and evidence and interpretation of the law. A judge should reject influences from political, family, social, professional, or other relationships, as well as inducements, pressure, or threats from any source, including but not limited to the threat or fear of being administratively, civilly, or criminally charged.”

According to Canon 1, Section 1 of the Code of Judicial Conduct—of which Impeachment Courts are also mandated to follow—acting judges are required by law to act in accordance with their duties regardless of any external threats or pressures.

Such is the nature of the post. If judges were so easily swayed, then no one would ever be brought to justice. And Former Senate President Allan Peter Cayetano seems to be under a similar threat—or at least he thinks.

Art by Rizki Ardia/Unsplash+

Under fire

“Binabawasan talaga kami. Ini-isa-isa,” exclaims Cayetano in his 13-minute manifestation during the ongoing impeachment trial of Vice President Sara Duterte.

The target of his frustrations? National Bureau of Investigation (NBI) Director Melvin Matibag, who’d previously announced that the bureau would be opening up yet another probe into the 2019 Southeast Asian (SEA) Games. The investigation specifically targets the P10 billion in unliquidated funds spent on a sports complex.

The Philippines’ hosting of the biennial sporting event came under fire following allegations of financial irregularities and misuse of funds—particularly, the controversial P50 million cauldron designed by late National Artist for Architecture Francisco “Bobby” Mañosa. Cayetano notably served as the chairman of the Philippine SEA Games Organizing Committee (PHISGOC) then.

“I’m aware that he (Cayetano) was the chairman of PHISGOC, so it’s not a renewed interest. It just so happened that documents have come out now, which will lead us to investigate—because all the issues that come in here regarding corruption or anything, even ordinary cases, when brought to us, will be investigated,” says Matibag.

Under duress? Really?

“If the intention was to have a chilling effect, we already have that,” adds Cayetano in his manifestation, referring to the absence of Senators Bato Dela Rosa, Jinggoy Estrada, and Rodante Marcoleta.

Senator Robin Padilla echoes a similar sentiment: “Should we be afraid? Should we be afraid that the timing seems to be too exact? Aren’t we an independent court? We have the right given by the Constitution to conduct this hearing.”

See Also

Senator Robin Padilla drinks from a bottle of water during the impeachment trial of Philippine Vice President Sara Duterte | Photo by Ezra Acayan/AFP

All things considered, there is truth to their statements. Our courts should be free of external pressures, and allowed to operate without the threat of imprisonment.

That said, for an investigation to elicit such apprehension, it is also indicative of the people we have in the Senate. Virtually all of our senators have faced charges or investigations—yes, from both the minority and majority.

But how about instead electing officials with actual clean records? So far, only Senator Kiko Pangilinan has that claim to fame, and having 23 other senators with similar records is a pipe dream in today’s political climate.

Still, one can hope; after all, it’s better than having politicians who are constantly looking over their shoulders.

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