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By: Fr. Joaquin G. Bernas S. J.
Letter of St. James to President Aquino and Chief Justice Renato Corona: “Among all the parts of the body, the tongue is a whole wicked world in itself: it infects the whole body; catching fire itself from hell, it sets fire to the whole wheel of creation. Wild animals and birds, reptiles and fish can all be tamed by man, and often are; but nobody can tame the tongue—it is a pest that will not keep still, full of deadly poison.” James, 1:5-6
Posted: February 20th, 2012 in Columnists,Columns,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
Whence are the senators currently judging the impeachment trial coming from? They are the same senators who were elected to the Senate two or four years ago. And what was the extent of the power of the Senate to which they were elected? Their power was only coequal with those of the executive department and the judicial department. How explain the claim of some senators now that their power while acting as impeachment judge has suddenly skyrocketed to a level higher than that of the Supreme Court? The answer to this question is a mystery to me.
Posted: February 13th, 2012 in Columnists,Columns,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
Since I was quoted by a prosecutor on my alleged view as to the meaning of “betrayal of public trust,” I thought that I might as well put down my view as I expressed it in the 2009 edition of my often cited commentary. I said in part:
Posted: February 6th, 2012 in Columnists,Columns,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
When one examines the text of the Constitution on impeachment, one will find that it does not define the nature of impeachment and there is very little in it about the procedural aspects of impeachment. In the process of finding what rules to apply, both the House of Representatives and the Senate look largely toward practices in the past. But practices themselves do not yield a complete set of rules even if they might fill some gaps. For this reason, the current impeachment trial has been meeting some bumpy moments.
Posted: January 30th, 2012 in Columnists,Columns,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
On the third day of the impeachment trial of Chief Justice Renato Corona, the Supreme Court clerk of court, appearing as a witness summoned by the prosecution, found herself trapped between, as it were, the devil and the deep blue sea. Commanded by the Senate jury to produce the statements of assets, liabilities and net worth (SALNs) of Chief Justice Corona, which she admitted she had brought with her, the clerk of court balked and asked for time to get authority from the Supreme Court to release the document. She said that by the Rules of Court she could not release it on her own. Who should the clerk of court obey, the Supreme Court or the Senate jury?
Posted: January 23rd, 2012 in Columnists,Columns,Editor's Pick,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
The impeachment trial of Chief Justice Renato Corona is scheduled to start today. The Constitution tells us that the Senate is the sole judge of all impeachment cases. Yet, even as the Corona lawyers will go to trial claiming that the articles of impeachment now with the Senate are invalid, lawyers have also gone to the Supreme Court seeking the invalidation of the same articles of impeachment. Will the Supreme Court entertain and decide the challenge?
Posted: January 16th, 2012 in Columnists,Columns,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
The impeachment process is initiated from the filing of a verified complaint. The chances of that complaint reaching trial stage were almost nil under the 1935 Constitution which required the vote of at least two-thirds of all the members of the House of Representatives. No impeachment ever reached trial. Under the 1973 Constitution it was almost ridiculous because all that was needed to send it to trial was a vote of one-fifth. But no impeachment took place. The present provision is a compromise: the complaint can go to trial if supported by at least one-third of all the House members. But before it gets there it still has some road to travel.
Posted: January 8th, 2012 in Columnists,Columns,Editor's Pick,Featured Columns,Featured Headline,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
By Constitutional mandate the Senate is the judge in an impeachment case. Let me propose some questions arising from a summary of the charges filed by the House of Representatives. I believe the Senate will ponder these after it has determined that the complaint was properly verified. I. Respondent betrayed the public trust through his [...]
Posted: January 1st, 2012 in Columnists,Columns,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
Was the invalidation of the Truth Commission really the original sin of the Supreme Court which has impeded the President’s campaign against corruption? I took a second look at the decision. If the President had read it with an open mind, he would have found that his speechwriters and advisers may have given him the wrong signal about the impact of the Court’s decision.
Posted: December 25th, 2011 in Columnists,Columns,Editor's Pick,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
It has frequently been said that the impeachment process is a numbers game where the vote is along party lines. This has been verified historically. Partly for this reason no president of the United States or of the Philippines has been convicted via impeachment. To my knowledge, moreover, no justice of the Supreme Court has been convicted via impeachment. An attempt to impeach Associate Justice Samuel Chase was launched from the White House on the ground that Chase allowed his political leanings to affect his decisions. (Incidentally, as in the complaint against Chief Justice Renato Corona, there were also eight counts in the charge against Justice Chase.) The impeachment fizzled out.
Posted: December 19th, 2011 in Columnists,Columns,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
Appeal has repeatedly been made to the will of the sovereign people as guide. Popular sovereignty in fact is the bedrock upon which a democratic system rests. Our Constitution begins with the assertion that “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.”
Posted: December 11th, 2011 in Columnists,Columns,Inquirer Opinion | Read More »
By: Fr. Joaquin G. Bernas S. J.
The ideal virtue that is desired of a court, whether it is a single-judge court or a collegial body, is “the cold neutrality of an impartial judge.” This, of course, is a consummation devoutly wished but not always attained.
Posted: November 28th, 2011 in Columnists,Columns,Editor's Pick,Inquirer Opinion | Read More »
