Justice delayed is justice denied

The impeachment court has been convened. Despite many protestations among the senators, they were compelled to do their duty and take their oaths as senator-judges and commit to “impartial justice.” The first motion? To dismiss the impeachment complaint as motioned by Sen. Ronald “Bato” dela Rosa, citing “constitutional infirmities.” It was seconded by Sen. Christopher “Bong” Go, imploring that the Vice President has only three years left and to let her be. He also remarked that “hindi naman nakakain itong impeachment,” implying that there are more important things for the Senate to do.

The final action put to a vote was to remand the articles of impeachment to the House of Representatives to verify their questions regarding the validity and the 20th Congress’ intent to pursue impeachment. Legal scholars have highlighted how there is no such thing, as the Senate’s sole duty in this case is to “try and decide.”

Objecting senators insisted that the motion to dismiss was something for the defense to do and that it was premature to assume infirmities when the articles had not even been read and no evidence from both parties had been submitted. Furthermore, any questions can be answered by the prosecution and defense in an open trial. In the end, the majority won and the case was sent back to the House, further delaying the impeachment trial.

This back-and-forth regarding the Vice President’s impeachment only serves to prolong uncertainty and instability. Duterte supporters insist that impeachment is a mere political move and should be set aside as it is dividing the nation. Go himself dismissed the importance of an impeachment, seeing it as political persecution of his ally and a waste of government resources. And yet waste of government resources is exactly why we are here today. The Vice President’s lack of explanation regarding her use of confidential funds—P125 million in 11 days—is just one of many irregularities that were discovered.

What was missing in the argument among the senators yesterday was acknowledging who the aggrieved party was. Corruption and plunder are not victimless crimes. It is the Filipino people—as represented by the House of Representatives—who placed their trust in their elected Vice President and whose taxes pay for her salary and benefits, who deserve justice. It is not harmless to allow an impeached official to stay in her position for three more years, continuing to spend and wield her office with impunity.

The minimum justice here is due process. If the impeachment case is dismissed without a trial, the Filipino people will not get their due process of presenting the merits of their case. If the impeachment is unnecessarily delayed (the articles of impeachment were transmitted by the House to the Senate back in February), it prolongs the sense of uncertainty and distrust the Filipino people have toward the Office of the Vice President in particular, and trust toward their government in general. Dismissal will not unite the Filipino people; it will rob the Filipino people of closure.

For those who feel aggrieved by the Vice President’s actions, a trial would show them that their concerns matter. We can feel assured that the government takes corruption and plunder seriously. We can rest easy knowing that the government does not take our taxes for granted and acknowledges our hard work to contribute to our nation. An impeachment trial is also an opportunity for both the House, as prosecutors, and the Senate, as judges, to show the dignity of their chambers. We can see our representatives passionately representing our interests. We can experience the level-headedness of our senators as they try to weigh what is just.

An impeachment trial is due process for both parties. It is to the Vice President’s benefit that she has an avenue to clear her name and repair her reputation. In such a trial, she has access to the best defense she can get. It is also apparent that she has enough political clout in the Senate chamber that an acquittal is most likely. Sen. Robinhood Padilla, for example, openly declared, “Kahit sunugin mo ako dito, mangangamoy Rodrigo Roa Duterte ako,” as he confirmed that he filed a motion to dismiss the impeachment complaint, implying that it was more about a sense of loyalty to the Dutertes rather than any genuine concerns about constitutionality. If she truly is innocent and has nothing to hide, a trial will help her.

See Also

A good goodbye

The only path that is just for all is for the impeachment trial to proceed without delay. The government, through a proper impeachment process, can assure the Filipino people that it takes corruption allegations seriously and is willing to remove unworthy officials who exploit their positions at the expense of taxpayer money. This is also a chance for redemption, as I hope that the Vice President wants to seek the trust not just of her supporters, but of all her constituents.

—————-

aatuazon@up.edu.ph