Monday, May 28, 2012

VERDICT IS A POINT OF NO RETURN

Whether one accepts the verdict or not, willingly or unwillingly, in the impeachment trial, it is actually final and a point where one could no longer return.

There are statements to the effect that in the event of a guilty verdict, the losing party or impeached official will appeal the decision to the Supreme Court. Whether that is possible, legal and constitutional, that is a different story.

What is certain at this point is the fact that the people has already an understanding of what really happened and whether the impeached official must be removed from office or not.

The judicial admissions of the impeached official has made the difference and the dialogue would be perceived in this manner -

Q - Do you have dollar deposits?

A - Yes.

Q - Did you declare that in your SALN?

A - No.

Q - Why not?

A - Because the law on dollar deposits says that it is confidential.

There is no question of fact involved. It is a question of whether the impeached official was correct in relying on the law governing foreign currency deposits.

Does the law, specifically on confidentiality, apply to Filipino citizens? Public officials or servants?

To whom does the obligation to keep the deposits confidential apply? To the banks? Does it extend to the depositors?

Granting the impeached official is correct, is it not an exception (public servants must declare the dollar deposits) to the general rule (on the benefit of confidentiality)?

Would such contention be a way of circumventing the obligation to disclose all assets and liabilties in the SALN?

You be the judge.