SOVEREIGN PH - Removing Leonen is an imperative: By impeachment, by quo warranto or by street justice or he can resign

19 December 2020


Benigno, webmaster of Get Real Philippines, one of the original vloggers who punished the BS Aquino regime, is fuming mad at Liberal Party president and Senator Kiko Pangilinan for going on record making unverified claims about motives behind the impeachment complaint being pursued against Associate Justice Marvic Leonen.

Posting his opinion on his wall with an emaciated and untidy picture of the Senator, he quoted Pangilinan told the Inquirer in a Viber message: “It’s a corrupt, shamelessly opportunistic and insidious attempt to steal the position of Vice President [four] years after 2016 and after failing miserably to prove fraud.”

He said he hoped the House of Representatives would not waste its time on the case “considering the state of our economy being in shambles and the need to focus all our time, energy and attention on fixing this.

“This is unbecoming of a Philippine Senator whose job it is to represent his constituents’ interests in the legislative process. The impeachment complaint will progress on the back of due process via the proper channels and Pangilinan should respect that.

“By making statements like these, Pangilinan is deliberately undermining what is part of the overall dynamic of a mature democracy by attempting to subvert it using old dishonest means — like adding confusion rather than contributing clarity to important issues like these.

“Pangilinan should be a role model to Filipinos and make sure he makes substantiated public statements and refrain from speculative ones that create useless noise — something that is important in today’s toxic landscape of disinformation.”

Anyways this is what Bobi Tiglao has in his recent Manila Times column, “Senator Francisco Pangilinan claimed that the move to remove Leonen was Ferdinand Marcos Jr.’s plot to advance his electoral protest. That’s totally irrelevant, intended to distract us from the real issues of compliance with our laws and our Constitution by a justice of the Supreme Court.

In the case of Corona, Pangilinan pontificated: “No less than the chief justice has been accused of culpable violation of the Constitution. To convict him is to uphold the rule of law and will send the signal to the entire nation that the rule of law should be respected, and it should strike fear in the hearts of all those who wish to violate our laws and disrespect our Constitution.”

According to Drilon

But perhaps even more frivolous than Pangilinan’s burp is Franklin Drilon’s fart.

Tiglao quoted Drilon: ““The Constitution commands every public official to file an accurate and complete SALN. This requirement is not a mere formality as it goes into the heart of a public official’s and respondent’s moral fitness to hold public office.

“The Supreme Court dismissed Delsa Flores, a lowly court interpreter for not reporting in her SALN her stall in a public market. The chief justice must be held to a much higher standard. Those who dispense justice must conform to the highest standards of professional integrity and personal honesty.

“The defense of good faith cannot be invoked. The punishable act of non-reporting of assets in one’s SALN is mala prohibita (“wrong in itself” –RDT) where good faith is immaterial.”

All Tiglao can do is hope “that the eight sitting senators who (or whose husband, father or brother) voted to convict Corona in 2012 uphold true justice this time in Leonen’s impeachment. After all, all they have to do is to repeat their justifications in booting out Corona, and pretend they are true to their word.

“I hope they prove they’re not hypocrites. But I’m not betting they will. Hypocrisy and a double standard policy — one for them and their allies, and another for their perceived enemies — are deeply ingrained in the Yellow mind.”

Tiglao correctly concluded that “Corona’s ghost has now come back to haunt the Yellows. Senators and congressmen sold their souls to convict Corona, one of the most honest and principled chief justices we ever had, for P50 million to as much as P200 million in additional pork barrel funds. That was scandalous, as a big chunk of these funds was sourced from the so-called Disbursement Acceleration Program, a “special budget” that Aquino 3rd and his budget chief Butch Abad had cooked up to supposedly speed up public spending and boost economic growth but was later adjudged to be a patently illegal hijacking of government funds.

The Yellow senators will have to eat their words now, if they don’t convict Leonen right away.

According to Carpio

But equally obnoxious is former Associate Justice Antonio Carpio’s dip into the issue, as if it would make any difference at all.

Carpio joining the fray, said there is no case with Leonen over his unfiled SALN as the prescription period for said offense is only eight years and Leonen supposedly failed to file his SALN, more than ten years ago when he was still teaching at the University of the Philippines.

Counsel Larry Gadon to impeachment filer Ed Cordevillas, explains that prescription of a crime is different from that of Leonen’s case, “One may have been a corrupt public official whose crime of theft was not discovered and prosecuted that after 10 years his crime has prescribed and that he can no longer be prosecuted. But he remains a theft and a corrupt official. The integrity was not cleansed.”

“Justice Carpio is so confused. Integrity does not prescribe because it is attached to the character of the person. Sereno was removed not because of the crime of non-filing of SALN but for lack of integrity, lack of honesty in obeying the law. Integrity does not prescribe. It is tacked in one’s character,” Gadon said.

Wait a minute, weren’t these the same people who were justifying impeachment not as a criminal but a political procedure? When does a political matter prescribe anyway?

Carpio has been a fake judge because he compromises his own integrity allows his biases to interplay. I myself almost filed an impeachment cases against him and only did not proceed due to lack of material time to pursue the process. His retirement will preempt my move.

While still in the Supreme Court, he lent whatever his reputation to a mock arbitral filing with the Permanent Court of Arbitration. Since most Filipinos are still unfamiliar with private arbitration and mediation modes in settling disputes and people are of the impression that any hearing in a chamber is a judicial process, he launched a well-laid scheme to reinforce the lawfare being staged by the Americans.

When China refused to participate in Albert del Rosario’s arbitral trap, it was Carpio who looked for a loophole in the provisions of the UN Convention on the Laws of the Seas. The role of the Philippines was crucial there because the US never ratified its signature in the treaty and needed a proxy to create dissonance.

That loophole was debatable, because both the Philippines and China filed declarations to the UN Secretariat opting out of any compulsory processes of conflict resolution under UNCLOS, in favor of bilateral negotiations. No less than Ambassador Rosario Manalo confirmed that. But because China was not anywhere near PCA, the Philippines must have paid its way through because they feigned a legitimizing opinion that enabled Del Rosario to proceed spending almost P1 billion for American lawyers and services and facilities in the Peace Palace that the PCA owns.

So, an arbitration involving only one party was able to proceed, much that when an award of sorts was issued by the PCA, Carpio again was tasked to impress upon all that first it was a landmark ruling, second that it would establish a precedence in international law. The legal mastermind forgot that in an arbitration, the participating parties are the enforcer of whatever decision made and that the PCA since it was not organic to the United Nations had no enforcement mechanism of its own.

Today as we speak, no enforcement can be possible because first China already has a seat in the International Court of Justice and the International Tribunal for the Laws of the Seas, worst of all for the Philippines, China is a one of the five permanent members of the Un Security Council that possess a veto power in all its decisions.

So much for Carpio who is a lightweight in matters of this substance.

Finally, Rufus

We end this column with what nitwit Señor Rufus Rodriguez, deputy speaker and Cagayan de Oro representative said that hearings on the impeachment complaint against Leonen will commence next year as Congress is set to adjourn next week for the Holidays.

Congress adjourns on December 18 and resumes its session on January 18, 2021. “So it will reach next year for the determination of form and substance,” Rodriguez added.

The impeachment complaint against Leonen, filed on Monday by Edwin Cordevilla, secretary general of the Filipino League of Advocates for Good Governance, stemmed from Leonen’s supposed culpable violation of the Constitution for allegedly failing to dispose of at least 37 cases within 24 months and delaying the resolution of cases pending before the House of Representative Electoral Tribunal.

Leonen was accused of betrayal of public trust when he allegedly failed to file his Statement of Assets, Liabilities, and Net Worth (SALN) during his tenure at the University of the Philippines.

All I can say is the Congressional idiots have better wise up, otherwise they might waken the Office of the Solicitor-General to again motion the Supreme Court to expedite flushing Leonen down the drain through Quo Warranto proceedings that became very acceptable and famous with the Filipino people.

What I know is removing Leonen is an imperative. The only question is would it by impeachment, quo warranto or street justice?

I sincerely hope the last option does not become necessary.

Well, he can always resign, everybody knows anyway that he is BS Aquino’s poison ivy inside the Supreme Court.