Friday, February 6, 2009

How Erap Can Become President Again

I now seriously doubt that Joseph Estrada could file his candidacy for President of the Republic in the May 2010 elections, and survive the certain challenge in the Supreme Court (SCoRP)to disqualify him  based on the 1987 prohibition against any re-election to the Presidency.   By then, all the sitting justices will have been appointed by Gloria, too.

But there is no prohibition against Erap running for the Vice Presidency in 2010, which he would surely win by a huge landslide. And his Long Coattails could easily sweep whoever his running mate might be into the Presidency.  Said Running Mate could then validly resign (or *wink* send a fax to the Supreme Court declaring himself or herself "permanently disabled" and inviting the Honorable Supreme Court to administer the Oath of Office to the Vice President, say in front of the Edsa Shrine?).
An important ingredient of this idea is that the presidential ticket would also bring to power a political party to control the House and Senate for a series of impeachments and trials, investigations and prosecutions of errant government officials under the Arroyo administration.   The Ombudsman would have to be impeached since her term does not end in 2010, in order to straighten out the graft and corruption cases, from JocJoc to Mike Arroyo to DOJ. Everybody!

The 1987 Constitution declares
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
Clearly, not ALL of the judicial power is invested in the Supreme Court, since the Congress can apparently establish lower courts which would share such power. Indeed the Congress can even abolish any lower court than the Supreme Court.

Observe that in this case the Judicial Power is being shared by the Supreme Court and the Congress.  That is not unusual under our system of Separation of Powers, which might be more illuminative if it were termed "Sharing of Powers"!  Consider further that the Legislative power is also shared by the Congress and SCoRP since the decisions of the courts become a "part of the Law of the Land."

Of course SCoRP gets the lion share of the judicial power and its jurisdiction over civil and criminal cases is unmatched by any other department of the government. Except in one very special category of legal cases involving the highest officials of the land, including the honorable Justices of the SCoRP itself.  

I am referring to all CASES of IMPEACHMENT  of the exactly 31 impeachable officers of the Republic, the so-called "Constitutional Officers": 
15 Supreme Court justices; 
7 Comelec Commissioners; 
3 Commissioners on Audit; 
3 Commissioners of the Civil Service; 
Vice President and 
Ombudsman (now na!)
In a stunning display of how Separation of Powers works, consider that all cases of impeachment under the 1987 Constitution, from beginning to end, are entirely under the jurisdiction of the Congress.
Article XI Accountability of Public Officers.
Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.
(6) The Senate shall have the sole power to try and decide all cases of impeachment.
These categorical provisions covering all cases of impeachment are not controversial. They mean that the verdict of the Senate Impeachment Court in all cases of impeachment is final and executory. It may not be appealed to the SCoRP or reversed, amended, or diddled with in any way by SCoRP.

For in all cases of impeachment, the "supreme court" is not SCoRP but the Senate of the Republic of the Philippines.

This may seem to be a totally academic point. And of course it is.  Except for one thing. Edsa Dos and what happened there.  Remember that all of that folderol happened in the middle of the biggest Case of Impeachment ever in Philippine History: the trial of then President Joseph Estrada at the Philippine Senate. 

This blog has been all over the ground that covers Edsa Dos.  But in this post I simply want to make the point, that the roots of today's seemingly dysfunctional  and cuckolded Senate suck deep waters from what happened at Edsa Dos, and bears everyone's careful consideration as we approach the point at which Gloria Macapagal Arroyo and her avaricious gang of bloodsuckers are gonna have to let go of the Teats. 

The only deserving Next President is whoever understands what happened and has the moral authority to investigate, prosecute, and punish the craven vampires that have bled us dry for eight long years, robbed us blind, brought us to the brink of partition, and feasted on moneys both domestic and foreign through bid rigging, bribery, graft and corruption, the works.

Who would that Next President be?  Now of course there would be so much poetic justice in it, that a President Joseph Estrada would make for a very interesting turn of events.  

Since  there is no prohibition against Erap running for Vice President and succeeding to the Presidency should the elected President resign. Erap would become President the same way Gloria did, and from there punish the principal crooks of this administration.

1 comment:

classy closet ideas said...

i hope the Filipinos won't make the same mistake again... sana putulan ng kamay yung mga kurakot