MANILA, Philippines – How do you measure betrayal of public trust?
Sen. Francis “Chiz” Escudero posed this question as he admitted that it is a challenge for him, and maybe the other senators, to establish betrayal of public trust – the main contention in the six Articles of Impeachment transmitted to the Senate by the House of Representatives against Ombudsman Merceditas N. Gutierrez.
“At the end of the day, all of these are based on betrayal of public trust, not corruption, not bribery,” Escudero said.
Out of the 23 senators, it would take 16 to convict Gutierrez and eight votes to acquit her. Ten of the 23 senators are lawyers.
“They are not saying that the Ombudsman killed Pestaño, they are not saying kasabwat ni Jocjoc yan, ngunit ito’y hindi ginalaw at inupuan lang yung kaso. That’s the basic charge. And (we have to determine if) this is tantamount to betrayal of public trust,” Escudero said.
The senator was referring to the cases of late Navy Ensign Phillip Andrew Pestaño, and former Agriculture Sec. Jocelyn “Jocjoc” Bolante which remain pending before the Ombudsman, among cases that were included in the Articles of Impeachment against Gutierrez.
Escudero said the bigger challenge, however, is for the public prosecutors (congressmen), who brought six Articles of Impeachment to establish betrayal of public trust against Gutierrez a few days before the Congress went into recess last week.
Too vague
“That is precisely the challenge for the prosecutors. They should convince us and the public that delay in acting of a case is equal to betrayal of public trust,” he added.
“It’s a catch-all phrase but at the same time it’s too vague. How do you say – if that is a ground – will it mean wide-open doors? There are pending cases at the Supreme Court. Is the situation the same for the Ombudsman and Supreme Court? Again, they have to explain it, they have to present it,” Escudero added.
A test case
Escudero, a lawyer, noted that the Guiterrez impeachment case, based on the ground of “betrayal of public trust,” is a first test under the Philippine laws.
The senator said that the classification of betrayal of public trust as a ground for an impeachable offense is unique to the Philippines, and it can only be found in the 1987 Constitution, which was approved during the term of then President Corazon C. Aquino, mother of President Benigno S. Aquino III. The 1935 and 1973 Constitutions did not include betrayal of public trust as ground for impeachment.
Escudero added that neither are any precedents in the laws of the United States and United Kingdom.
“For example, the Pestaño case. Ilang taon inuupuan? Four years? Pag murder ba kung four years, five years or 10 years? Pag plunder, ilang taon ba dapat yan, magkaiba ba yan? E, paano kung may kaso sa Ombudsman na 15 years ng pending, bakit hindi yun ang ginamit ninyo? Ba’t 15 years lang?” Escudero asked.
Escudero maintained that as a senator-judge, he will remain impartial.
“(A judge is) technically a bystander. The judge will allow each side to present their cases. There is a basic rule in law: He who alleges must prove the same,” the senator said.
Although a supporter of President Aquino, the senator is not a member of the administration Liberal Party (LP). Escudero said it is “unfair to assume that senators will vote based on partylines.”
“As senators elected by the people, we should bring their voices in the impeachment trial and our votes will reflect their sentiments in addition to our own independent assessment (of evidence),” Escudero explained.
As this developed, the 22 senator-judges will take their oath before Senate President Juan Ponce Enrile once the Senate convenes as an impeachment court during the resumption of Congress on May 9.
As agreed upon in a previous caucus, Enrile, as presiding officer, will then take oath before the “Benjamin of the Senate” – Sen. Antonio Trillanes IV, who is the youngest among the 23 senators at 39 years old.
Meanwhile, Escudero thumbed down the recommendation of Senator Francis “Kiko” Pangilinan to allow senators to vote immediately during the presentation of evidence and arguments by the parties in every Article of Impeachment.
Escudero said the Senate already adopted Resolution 39 and Pangilinan’s amendments under Senate Resolution 441 might delay the proceedings because Congress is now in recess and there is a need to publish within 15 days the adopted rules.
Pangilinan wanted that the senators be allowed to immediately vote after the presentation of evidence and arguments by the parties on one article of impeachment is completed.
If the impeachment shall not be sustained by the votes of two-thirds of all the Members, the presentation of evidence for the next article of impeachment shall commence accordingly, Pangilinan said.
Pangilinan, who was vocal in calling for Gutierrez’ resignation in the weeks toward her impeachment at the House of Representatives, said the amendments proposed seek to make more efficient in the usage of both time and resources of the Senate.
