Wednesday, January 04, 2012

its in our nature to be resilient

so should the chief justice resign? he should not. i just read a comment that if this impeachment scenario happened in a particular country, the public official would have resigned because it is unbearable in the culture of the particular country to deal with a tarnished reputation. in our case, doing otherwise reflects a lack of delicadeza or greed for power. but is it really? this statement applies if the public official is indeed guilty. what if he or she is not? if one is innocent or not guilty of the accusations hurled against him or her, why would he or she give up his or her public position? the same way that if an innocent person is convicted by a court of justice, he or she must not stop fighthing for his or her freedom until all the legal remedies run out.

actually, i have a client that is somewhat under this kind of situation. i dont know if the client is innocent (i got this case when its already at the Supreme Court level) but he (or she) never won in any court (from the lower court to appellate courts) and recently lost in his (or her) motion for reconsideration before the Supreme Court. now, as a defense lawyer, i should give the client the best (or ideal) legal service i could possibly give. im not in the position to judge him (or her) if he (or she) committed the alleged crime or not. i should always operate under the notion that he (or she) is innocent (the presumption applies until proven guilty beyond reasonable doubt). but he (or she) has been proven guilty by the lower courts! well, courts can commit errors. that is why there are remedies like appeal. now, its the Supreme Court that has ruled my client is guilty. even if he (or she) is indeed is innocent, there isnt much i can do. but at least he (or she) fought until the very end. isnt this more admirable than just accepting the conviction right from the beginning? well, this applies if the person is indeed innocent. to detain an innocent person is certainly unjust but unfortunately, it happens.

now, in the case of CJ Corona, if he is not guilty of the accussations thrown against him, the better thing to do is not resign. if i were in his position, why would i give up something when i didnt do anything wrong? can you blame the CJ if filipino resilience runs through his veins? tarnish his reputation all you want but if he firmly believes he did not do anything wrong, he should never give up his post. resignation in some cases is like suicide.

besides, i think its about time our country has a complete impeachment trial. the previous ones keep getting aborted.

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