As I taught my Public Officers classes, VP BInay can make a strong case, based on a purely textual analysis, that he can only be impeached for acts committed while he is Vice-President. However, I have a different opinion based on the absurdity of a situation where the country will be helpless against an impeachable official (that includes the President, VP, Chief Justice and all Supreme Court Justices, the Chairs and Commisioners of the Comelec, COA, and CSC, and the Ombudsman) that has committed serious crimes (murder, rape, plunder, etc) before being elected or appointed to his or her current position. Presumably, the crimes became known or incontrovertible evidence was discovered only after the election or appointment. Since an impeachable official cannot be criminally charged until impeached, that person would be free from prosecution until impeachment is successful with conviction and removal from office. But if that person also cannot be impeached because the criminal acts were committed before he or she assumed office, then the result is impunity, and we will have an absurd situation where the country has no options against such an impeachable official. I do not think the Constitution intended such an irrational and harmful consequence. Thus, the reasonable interpretation is to allow the political branch in charge of impeachment - the House of Representatives and the Senate to make this call on a case-to-case basis and for explicitly political (in the sense of it being for the good of the country) reasons. In any case, as I have also said before, this issue could eventually go to the Supreme Court where the vote could be tight and I suspect would lean in favor of VP Binay. I would consider it a fair decision if the conventional interpretation were adopted and applied - sustaining the VPs position that he cannot be impeached for acts committed while Mayor - as that is what the Constitution says. But precedent wise, not necessarily in Binays case as I personally have no prejudgment about the charges against him, it would be terrible for the country. Election or appointment to an impeachable position - the highest ranks of government - would become the ultimate shield from accountability, the guarantee of immunity and impunity.
Posted on: Tue, 18 Nov 2014 23:57:24 +0000
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