Wednesday, April 4, 2012

MUCH ADO ABOUT ARTICLE 2

MUCH ADO ABOUT ARTICLE 2

If they insist that Article 2 of the Articles of Impeachment against Chief Justice Corona and if I may agree it is defective for the sake of this discussion, I will try to save Article 2. I would do something to be submitted to the wisdom of the Impeachment Court.

This something is that I would argue that the statements in Article 2 that were poorly done, "Article II. Respondent committed culpable violation of the constitution and/or betrayed public trust when he failed to disclose to the public his statement of assets, liabilities, and net worth as required under Section 17, Article XI of the 1987 Constitution," actually were sufficient in form and substance because:

 (a) The phrase "failed to disclose to the public his statement of assets, liabilities and net worth" refers to the CORRECT STATEMENT and that the CORRECT STATEMENT must be one that includes all actual assets and that those statements that do not contain all assets and liabilities are not statements contemplated by law and the Constitution because the essence of it all clearly demands fidelity;

(b) It is elementary to know from the Constitution that what it demands is honesty from any public officer to include honesty in stating ALL assets, because DISHONESTY IS INCOMPATIBLE WITH PUBLIC TRUST, as borne by Section 1 of Article XI of the Constitution that says, "Section 1. PUBLIC OFFICE IS A PUBLIC TRUST.  Public officers and employees must AT ALL TIMES BE ACCOUNTABLE to the people, serve them with utmost responsibility, INTEGRITY, loyalty, and efficiency, act with patriotism and justice, and lead modest lives";

(c) The law on the matter, Section 8 of RA 6713 requires from "All public officials and employees required under this section to file the aforestated documents SHALL ALSO EXECUTE, within thirty (30) days from the date of their assumption of office, THE NECESSARY AUTHORITY IN FAVOR OF THE OMBUDSMAN TO OBTAIN FROM ALL APPROPRIATE GOVERNMENT AGENCIES, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government", which CLEARLY SHOWS that the SALN contemplated is the one that contains ALL ASSETS; and

(d) The spirit of the law reigns in case of seeming confusion as in this case, as stated by Shakespeare, "it is not the letter that killeth but the spirit that giveth life."

The problem is:

I am not a part of the team of House Prosecutors.
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