Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

predecessor’s and frustrated by her loyalists in the Supreme Court, succeeded in


removing the chief justice by mobilizing public outrage in an impeachment trial.


Arroyo was president for ten years, the first four to complete Estrada’s


unfinished term ( 2001 – 4 ) and thereafter a fresh six-year term ( 2004 – 10 ). Perennially


embroiled in corruption scandals, besieged by coup and impeachment threats, and


saddled with her own legitimacy deficit, she relied on the manipulation of


constitutional powers to protect herself from popular outrage.


That process now seems to have been reversed with the election of Benigno


Aquinoiii– son of Philippine democracy icon Corazon Aquino – as president.


Aquino has relied on the political branch to trump the impunity that has found


refuge in the courts through Arroyo’s deft manipulation of legal technicality.


Emblematic of this shift is the impeachment by the Philippine Congress of no


less than Supreme Court chief justice Renato Corona. In December 2011 , the


Philippine Congress adopted the Articles of Impeachment indicting the chief


justice.
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In May 2012 , after a full trial, the Philippine Senate found him guilty of


one of the offenses charged, namely nondisclosure of assets in the required annual


declaration. The Senate removed him from office, the first time in Philippine


history that a public officer was unseated via the process of impeachment.
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This represents a tectonic shift in the constitutional structuring of Philippine


governance. It is best understood in the context of two developments. The first is


legal– the rise of impeachment as a mode of enforcing public accountability.


The second ispolitical– how a new president, seeing how corruption suspects used


the judiciary to block his anticorruption campaign, unleashed the political branch


of government against the judiciary’s highest officer.


Impeachment as a constitutional device for public accountability


For a long while already, the impeachment power had stood in the books but


remained wholly untested.^87 It was used for the first time in the year 2000 against


President Joseph Estrada, but the trial was stopped midstream. He was ousted by


public protest and a civil society–big business–military conspiracy that installed


President Gloria-Macapagal Arroyo. The next several episodes of impeachment all


failed on a legalistic ground carried out through the expansive use of judicial


review: in 2003 against Chief Justice Hilario Davide for the disputed oath-taking


(^85) House of Representatives, Verified Complaint for Impeachment (Articles of Impeach-
ment) (December 12 , 2011 ); see alsoChief Justice Renato C. Coronav.Senate of the
Philippines sitting as an Impeachment Court, G.R. No 200242 (July 17 , 2012 ) (hereinafter
CJ Coronav.Senate).
(^86) Judgment,In re: Impeachment Trial of Honorable Chief Justice Renato C. Corona, Judg-
ment, Senate of the Philippines, Case No 002 - 2011 (May 29 , 2012 ).
(^87) 1935 Const. Art.ix(Impeachment); 1973 Art.xiii(Accountability of Public Officers) at
§§ 2 – 4.


Philippine constitutional law 313

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