In yesterday’s news, the phrase “constitutional crisis” had been uttered by at least two personalities in connection with the impeachment of Supreme Court Chief Justice Renato Corona. Supreme Court Spokesman and Court Administrator Jose Midas Marquez said: “No doubt, we are staring a constitutional crisis right in its face, however prudence dictates that I must confine myself to these few observations.”
IBP President Roan Libarios purported said as much, adding that: “We are concerned with the impeachment against Chief Justice and its chilling effect on the Supreme Court as an institution … because the impeachment is based on the decision made by Congress, which is now claiming authority of interpreting what the law is.”
But what is a constitutional crisis?
A constitutional crisis does not occur when branches of government collide. The Constitution outlines the powers of the functions and powers of the three co-equal branches of government. The Constitution also provides an outline of how gridlocks among the branches of government are resolved. A constitutional crisis exists when the Constitution or the legal system does not provide for a mechanism or framework to resolve the gridlock or controversy.
The Philippine Constitution provides for a system of checks and balances. While each branch is supreme in its own sphere, the Constitution also provides for a system for each branch to “check” the other branches. The Constitution provides the ONLY way for a justice of the Supreme Court, the Chief Justice included, to be removed from office — through impeachment. The Constitution grants Congress the power of impeachment.
Of course, both Congress and the President cannot arrogate unto themselves the judicial power given to the courts under the Constitution. “Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.” If Congress or the Executive has any problem with that, then the solution is to amend the Constitution, not destroy the institution.
With all due respect, there is no constitutional crisis. None yet. Maybe the term “constitutional crisis” makes good media sound bite. Maybe people would be more interested with a “crisis”, but the purported “constitutional crisis” that we have now is an illustration of how the system of checks and balances work under the Constitution.
[So, what's your take on the current situation? Use the comment section below.]
Update (Results, as of 22 March 2012):
Poll question: Do you agree with PNoy’s attack against Corona?
Yes (18%, 70 Votes)
Yes, kulang pa nga (16%, 61 Votes)
Yes, pero sobra na (7%, 26 Votes)
No (14%, 54 Votes)
No, abuso na (45%, 181 Votes)
Total Voters: 392
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Sobra naman si Noynoy. Kung kaaway nya si Corona, huwag nya sirain ang buong hudikatura. E kesyo tinira ng Supreme Court ang Hacienda Luisita, bweltahan kaagad ng impeachment. Magfocus na lang kaya si Noynoy sa pagpapabuti ng kalagayan ng mga Pilipinong gutom at walang trabaho hanggang ngayon. Grabe, dahil walang maipakita na performance, puro papogi na lang sa mga banat.
I agree that there is no constitutional crisis. Recent events showed that democracy is working in the Philippines. There is nothing personal at play between the three branches of government. If there be any personal animosity, the concerned observer must present proof of its existence for the information of everyone.
The judiciary has been shielded one way or the other from public scrutiny. The people believed that the judiciary has the final say on any controversy brought before it. However, this is not absolute, otherwise, it would defeat the check and balance principle enshrined in our constitution.
President Aquino is acting unstateman. He is not acting like a President who respects the Constitution. He is like a spoiled brat who keeps on whining to get what he wants. The impeachment process has already started. The Senators took their oath as senator-judges. PNOY SHOULD STOP ATTACKING THE SUPREME COURT and should allow the impeachment process to push through. AQUINO IS JUST LIKE ARROYO. They both like to destroy constitutional institutions.
Aquino wants to control Congress. Aquino now wants the Supreme Court to bow to Aquino’s wants. Aquino would now want the two co-equal branches under his control. Aquino will railroad anyone who stands in his way. Everyone is so blinded by their hate against Arroyo that they fail to see the dangerous authoritairan tendencies of Aquino.
Tama na, sobra na, Noynoy. Nakakahiya ka na.
This is what we get for electing into office a President who merely capitalized on his parents name and legacy.
lito, I also agree with both of you. I ask, pray tell, if you agree with the manner by which the impeachment process was done? Amazing speed. Many congressmen did not even bother to read the impeachment documents (well, what could we expect with these fools who only know pork barrel figures). Congressmen were dictated by Malacanang.
I think it is more of democrazy rather than democracy. Masyado sya bully. Dapat magfocus sya sa economy at hayaan nya mga pagkakaso sa mga bata nya. Wag nya sana sisihin ang CJ at ibang tao sa pagbaba ng economy kasi sya me kasalanan. Di nya pinpapatupad ang holiday economics, nagstop sya ng lahat trabaho, at naging soft sya sa mga kaalyado nya na nasangkot sa bus hostage, ang resulta tuloy kumonti ang mga dayuhang nagbabakasyon dito.
Tsaka sana isipin nyo na nakikialam ang CVC law firm sa impeachment kasi gusto nila si Carpio ang maging CJ para lahat ng kaso nila luto. Kung di nyo alam ang CVC ang pinakamaruming law firm sa buong bansa. Kaya sana bago nyo suportahan ang impeachment isipin nyo muna kung okay ba na si Carpio ang iluklok na CJ.
Ang tanga naman ng Cong. Tupas at Quimbo na yan. I heard taga-UP College of Law yan pareho, professor pa yata yang si Quimbo. You guys fast-tracked the filing of the impeachment complaint from the lower house. Nagmamadali. Dapat naisip nyo na once the complaint is filed, dapat tumahimik na kayo. Kung may ebidensya kayo, dun sa impeachment court yan pinapalabas. Hindi sa media. Kung ganyan palang trial by publicity gusto nyo, dapat hindi nyo minadali ang impeachment complaint o i-withdraw nyo muna. Ang bobo ng Tupas at Quimbo. Taga-UP ba talaga mga yan? Hinihintay ko na lang si Madam Senator Santiago na pagalitan itong dalawang batang ito and put them in their rightful place. Kakahiya!
Daang matuwid? And all the world gets to see what due process and rule of law mean in the Philippines. Hala banat ng banat, walang pakundangan at walang pakiaalam sa proseso at mga batas.
I don’t see any reason for the hate of PNOY against the Chief Justice. Had Aquino studied even the most basic principles of our constitution he would have known that the Supreme Court would always favor the protection of civil liberties including that of the right to travel. Of course it is not without exceptions, but at the very least the TRO against the hold departure should stand pending its resolution before the High Tribunal.
Would Malacanang act differently if it were not GMA? If the answer is in the affirmative, then the more the Supreme Court should impose a TRO in order to protect the citizens from executive tyranny.
Defense unhappy over senators ‘acting like prosecutors’ – Inquirer
http://newsinfo.inquirer.net/130987/defense-unhappy-over-senators-%E2%80%98acting-like-prosecutors%E2%80%99
pnoy is ignorant of history, doesn’t study law, doesn’t study philosophy, doesn’t know how government works..he is simply clueless except for his vindictiveness against political enemies…he is truly a disaster given to us by the yellow media
Eto na nga sinasabi ko, matuwid daw na daaan, pero ginagapang daw ng campo ni PNoy ang mga senador. Matuwid na daan, my ass.
http://newsinfo.inquirer.net/144333/defense-p100m-offered-per-senator
E kse puro Grace Lee lang inaatupag. And what’s with Ms. Lee? She insists on keeping the courtship private but she keeps on giving interviews. Seeing herself going to the Altar with PNoy? My ass.
http://newsinfo.inquirer.net/144449/grace-lee-sees-self-marrying-the-president
Constitutional crisis may be briefly defined as “a scenario to which the constitution did not provide for a remedy, neither expressly nor impliedly, or to which the latter is silent”
for me no constitutional crisis is lingering us…
Even with what they say presently as “Collision course between the SENATE (acting as impeachment court) and the SC.
The constitution is very explicit when it defined in sec 1 of Article VIII what Judicial power is. (Please read it because I do not have a copy of the consti here with me and I do not want to write it here although I know it substantially because I might miss a single word. That would be drastic. The definition is very concise, comprehensive and easy to comprehend. No interpretation is needed but application)
Because of this definition, the Political Question doctrine, which has chained the SC during the martial law era, has been reduced vastly if not eliminated.
The impeachment trial, its procedure, the rulings within, and with all its tidbits, together with the checks on it by the SC are all very much within the bounds of the fundamental law….
This is a political crisis. Not a constitutional crisis. This is pure power play, which is the hallmark of politics (remember that impeachment process is political by nature). Things are getting scary. pNoy and his handlers have absolute control of the executive. They have control over the Congressmen. They are trying to control the Senate. They are trying to maul the Supreme Court into submission. Last time we checked, there are only 3 branches of government : Executive (headed by Pnoy), Legislative (headed by Belmonte, who is under PNoy;s belt and Enrile), and Judiciary (headed by Corona, the subject of impeachment trial). No longer is it about Corona’s close association with former President Arroyo. It’s now about the blatant use of political force to control all branches of government. That’s what the separation of powers is trying to prevent.
Bong Marcos says panggulo lang si Pangulong Pnoy sa impeachment. Wow!
http://newsinfo.inquirer.net/157583/aquino-a-%E2%80%98big-nuisance%E2%80%99-in-impeachment-trial-says-sen-marcos