Friday, July 4, 2014

Impeach Noynoy?

Many people are asking for the head of the President and for good reason---he reportedly violated the very laws he is supposed to guard and protect. Never mind if the Supreme Court says portions of the Disbursement Acceleration Program or DAP are somewhat legal, the main point is a law was violated and worse, the Chief Implementor of the Law was the one involved.

Never mind if the main architect is Butch Abad, a factotum of the president. The president is liable for command responsibility. He is supposed to know what his right hand is doing and for 172 billion reasons, that is not anymore good faith, but an example of what we call regularity--meaning, they are already know that it is illegal but did it 172 billion times over, that is criminal negligence already, punishable under our laws.

It is okey if they, meaning Malacanang courtesy of Butch Abad, did it for 100 million reasons. But to use 172 billion pesos is an example already of a firm belief that what they were doing were legal. It is not because it is good faith---it is because what they are doing are things or acts which they already deemed legal based on their own perspectives.

All I know as a student of the law is that the law governs two kinds of human actions---an illegal and legal acts. These acts may be termed legal if it is allowed by society and the State. Some acts maybe inherently illegal or mala in se due to its very nature and some are prohibited by the State through Congress or special law or mala prohibita. There is no grey area. There is no act which is deemed both. It is either inherently evil or just prohibited because it harms the common good.

In the case of the DAP, the program itself is an INVENTION. It did not pass thru Congress, therefore, not a law. It is an invention which led to an injury. Whatever they say that there was good faith and the monies used were not stolen, the fact that those monies were given to some Senators who then used Napoles NGO's as beneficiaries already indicated that some of these monies were already stolen.  Malacanang cannot really justify that these monies were used judiciously because pieces of evidence already point to its use by Napoles NGOs.

Now, is it for the greater good that we impeach Pnoy? Yes and no.

Yes, it is the right thing to do if we are to be very stringent in our belief about Tuwid na Daan. Tuwid na daan contemplates that whoever did wrong, and his act injured the very people he is supposed to serve, then, the full force of the law must be applied.

Even the President is not immune to this.

No, because it will just be a waste of time and it will nonetheless, exhaust the resources of the State and even contribute towards economic ruin if we again create a political maelstrom out of this. For one, an impeachment will not undo the wrongs committed by Aquino. An impeachment, being a political exercise, is not the answer to the problem created by the DAP.

The problem created by the DAP should be addressed by Congress itself by formulating procative measures meant to ensure that no such acts would be committed in the future.