Monday, February 27, 2012

Row over testimony of Supreme Court justice looms | Inquirer News

Row over testimony of Supreme Court justice looms | Inquirer News


SC has ruled its justices couldn't be ordered to testify in impeached midnight CJ Corona's impeachment trial, citing judicial privilege/deliberative process privilege (akin to executive privilege).

Senate impeachment court has honored the SC ruling.

Does the search for truth end there? No.

Prosecution plans to file a motion w/ the Senate to "invite" (not subpoena) lady Justice Sereno, who, in her dissent, has exposed the attempts of CJ Corona to manipulate the issuance and declaration of finality of the questioned TRO in favor of GMA.

Most probably, the "obedient" Senate, under the fickle-minded Enrile, would deny Prosecution's request.

If Sereno opts to voluntarily appear before the impeachment court to expose the whole truth, in fine, "waiving" her personal right to judicial privilege, what are the possible consequences for and against her?

She'll be a hero among the people, assuming the impeachment court, by majority vote, would allow her to testify despite vehement objection from pro-Corona senators and from defense lawyers.

SC would perhaps administratively sanction her, e.g. fine, suspension, upon motion of CJ Corona's loyal justices.

If she is a principled jurist, she would embrace the sanctions as a modest sacrifice for the good of the country and its justice system.

CJ Corona's lawyers would file an impeachment complaint against her in the Lower House (which would probably be dismissed, anyway, because of the majority control of the pro-Aquino coalition there).

This issue is interesting to monitor. It can be dramatic and explosive, if not bloody, figuratively, that is.

There are many possible evolving scenarios.

The situation would become more interesting and enlightening if Justice Carpio would likewise voluntarily waive his personal right to judicial privilege and would freely testify before the impeachment court simultaneously with Justice Sereno to preserve the future of the much-maligned Philippine justice system.

CJ Corona's supporters argue that the honor of the SC must be safeguarded. Its dirty linens must not be washed in public.

I say: Let the cleansing and purifying power of the light of the sun enter the dark and secretive halls of the SC and transform, reform and rectify it.

Let justice be done, though the heavens may fall.

Isn't it the first basic moral lesson that is inculcated in the minds of first-year law students in our law schools?



- Atty. Manuel J. Laserna Jr.