Convict or Acquit

I am not pro-Corona but I am for the Constitution and the truth. If you get to have a copy of the speech of Miriam Santiago, that is exactly what law school teaches regarding the Constitution and other laws. Given that there are only 3 main grounds for impeachment: Betrayal fo Public Trust, Culapable Violation of the Constitution and other high crimes (Art 11, 1987 Constitution). Therefore, the offenses that Corona did, does not suffice overwhelming preponderance of evidence. According to Black, a known legal expert, in an impeachment, to establish the guilt of the person, the quantum of evidence is overwhelming preponderance of evidence. Meaning, the evidence is severe enough to declare that the person is guilty. Would you think an error in the declaration of the SALN would be an overwhelming reason to convict Corona? He may be guilty of Article 2 (of the Articles of Impeachment) but is it rightful to convict him, to remove him from his post, to ruin his life?

One law school dean even said that if he is to give his verdict, by using his mind he shall acquit, but by using his heart, he shall convict. The majority of the people wants him to be convicted because they do not understand the law. Therefore, the senator-judges, upon favoring the people who will be voting for them in the 2013 elections, would in effect, vote to convict. But is it the rightful decision? What is it teaching us right now? That the mere error in the declaration of SALN is now an impeachable offense. Is it not an ex post facto decision? Meaning, we are providing a different penalty for an act that is not punishable by an impeachment. We are removing him from office because of the error in the SALN. That is what we just did. 

Now, what is next is a P-Noy appointed chief justice. Let us say the JBC gets to recommend but the decision is in the hands of the president. I just hope that we get to maintain the principles of separation of powers and balance of power in a democratic government. But this is not the time to dwell on it anymore. The decision is final and yet available for certiorari to the SC. We should now move forward and press on greater achievements of the future-Positive Development.