A ragtag group of lawyers calling themselves as members of the Bohol Bar Association has called for the impeachment of Supreme Court Chief Justice Renato Corona. With senators sitting as impeachment jurors, the Chief Justice will face the Senate starting tomorrow to answer at least eight articles of impeachment including betrayal of public trust, culpable violation of the Constitution, graft and corruption, among others. In Special Civil Action 199535 for certiorari, Prohibition with prayer for TRO they filed before the Supreme Court, the lawyers as private party oppositors submitted its “humble opposition” to the petition particularly on petitioner Vicente Millora, for a high court intervention to stop the impeachment of Corona. Signing the petition are local lawyers Victor de la Serna, Zotico Ochavillo, Alexander Lim, Evaneliza Cloma, Antonio Amora, Jr. and Dennis Hora. They claimed to be members of the Bohol Bar Association.

Citing the main issue of their petition, the lawyers zeroed in on the question: can the Supreme Court declare the impeachment complaint filed by the House of Representatives null and void—in the exercise off its power of judicial review? Stating differently, the lawyers also asked are there any limitations at all to the Supreme Court’s power of judicial review? How far can it do? In the words of the lawyers, their argument was that in the exercise of judicial review, the Supreme Court is confined to the letter and spirit of the Constitution. It cannot interject additional words and phrases which are not found in the Constitution as ratified by the people in the plebiscite. Citing an antecedent, the lawyers said when Corona was appointed by former president Gloria Arroyo a few days before the expiration of her term on June 30, 2011, the appointment clearly violated the explicit provision of Article VII, Section 15 which says:

Section 15: Two months before the next presidential elections and up to the end of his term, the President shall not make appointments except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. (Period) According to the lawyers when the majority of the Supreme Court voted to exempt the appointment of CJ Corona from this very unequivocal constitutional prohibition, the Supreme Court effectively engaged in “judicial legislation” in the guise of judicial review. In fact, the lawyers added, the high court actually engaged in “Judicial Constitution Making” without benefit of a Constitutional Assembly and the requisite ratification by the people in a plebiscite called for the purpose. With this decision, the lawyers argued, the Supreme Court added the phrase “except members of the Supreme Court” to article VII, Section 15.This is not only judicial legislation. This is even Judicial Constitution Making. Against this background, the lawyers contended that Corona’s appointment as chief justice was null an void ab ignitio adding that as a lawyer, he knew, or ought to have known this from the very start. Then the lawyers made a parting shot to Corona’s appointment in reference to a public statement of Justice Secretary Leila de Lima that Renato Corona is a “walking constitutional violation”.

WAIT AND SEE

Since the Corona impeachment and the move of a group of lawyers was the banner of the day, the Post took pains to get the side of the local chapter of the Integrated Bar of the Philippines. In his reaction, lawyer Cristefil Baluma, IBP president, said he was caught flatfooted by the group of lawyers open declaration calling for the impeachment of the Chief Justice. But the Bar petition notwithstanding, the local IBP kept a wait and see attitude pending further development of the impeachment trial. The national IBP chapter, in paid advertisements in national dailies, was vehement in its position against Corona’s impeachment citing among others that the trial was an assault to the Supreme Court as an institution. According to Baluma, the national stand of IBP national chapter, was echoed by IBP Regional Governor Manuel Eñage.